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The Defense Does Not Have a Voice and That is Why YOU Are Losing!

March 25, 2014

DISCLAIMER: THE CONTENT IN THIS BLOG IS FOR INFORMATION PURPOSES ONLY AND IS NOT TO BE MISCONSTRUED AS LEGAL ADVICE! Anthony Martinez is a Litigation Discovery Expert, Consultant and Strategist. Neither Anthony Martinez nor his firm AMA engage in the practice of law and only provide Case Management Consulting (“CMC”) and Legal Process Outsourcing Services (“LPO”) to licensed practicing attorneys. AMA will provide public information only and will not provide any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies.

DON’T LOSE YOUR CASE!  RETAIN ANTHONY MARTINEZ AS YOUR TRIAL WITNESS TODAY!  Obtain the most advanced, state of the art Securitization and Forensic Audit Analysis Reports and Professional Loan Note Examination Analysis and Audit Reports from e-Logic Group (www.e-logicgroup.com). Sign-up today for e-Logic Group’s INTRODUCTION – HOW TO BECOME A PROFESSIONAL LOAN NOTE EXAMINER. Lean more about AMA Global Group’s Reverse Debt Collection Platform and Services at www.amaglobalgroup.com

Tune in every Thursday evening at 7pm and listen to the controversial live or archived conversations of real property litigation with expert guests on Blog Talk Radio’s - Who Stole Your Loan Radio - Hosted by Anthony Martinez.  Look for up and coming Webinar Events  and Seminar Events  presented and hosted by Anthony Martinez who talks specifically about Unlawful Foreclosure Fraud, Exposing the Fraud, the importance of a Defense Trial Witness, Loan Note Examination and How to Become a Professional Loan Note Examiner in addition to advanced discovery information, tactics and strategies!

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For years now homeowners have been looking for the smoking gun, the silver bullet that puts an end to the banks rampage.  We’ve all tried to do it in a case killer pleading like a motion to dismiss, more definite statement of summary judgment motion.  We’ve all tried to hire that great lawyer to bring it home for us by being great in hearings or crossing well in non-jury trials to prevent the admitting of documents through hearsay.  Some things work, some things don’t and in the end, the stats still show the banks overwhelmingly succeeding against the defense.

In the end, if the case is not dismissed and moves to Final Summary Judgment or Non-Jury Trial, what do you really have?  It’s a slap in the face to watch these Servicer Corporate Witnesses come in and talk about documents they’ve never seen until a few days before the hearing, figures they never imputed themselves and facts things they simply have no personal knowledge of.  Sure a good defense attorney or even a pro-se defendant for that matter can cross and raise arguments to the court but ultimately no attorney can testify.  The banks put up these corporate witnesses for one reason and one reason only which is to lay the foundation that will allow the note, mortgage, assignment, pay histories and other documents in as evidence under the hearsay exception rule.  They create a voice for the Plaintiff and truth be told that’s all the court hears because the reality is, the Defense NEVER puts up a witness that gives the defense a voice.  A homeowner as a witness is not the voice of the defense.  A homeowner as a witness is usually a target for the bank to ask the most obvious question - is that your signature?  And no matter how good you may have legally maneuvered around that question, the judge isn’t buying it.  In fact, I’ve seen judges give verbal warnings about jail time to both defense counsel and homeowners about saying that’s not their signature under oath and after the verbal warning the homeowner gets up there and says yes that’s my signature.

If you follow my blog then you probably follow Neil Garfield’s, Matt Weidner’s, Mark Stoppa’s, Deadly Clear, Foreclosure Fraud and many others that talk about all the factual evidence that supports why a bank shouldn’t be able to foreclose.  You may order securitization audits and even our loan note analysis audits to present to the court but again, where is the voice of the defense?  So what if you could have a defense witness that could point out all of the problems with a foreclosure case from the allegations in the complaint to the exhibits.  Someone who could point out how the life of the loan through the securitization process does not match up with the assignment of mortgage or the endorsements on a note.  Someone who can discuss how the allegations in the complaint and the assignment of mortgage show the note was transferred knowing a default had occurred and the transfer is subject to UCC 9 requiring proof of the transfer chain and not UCC 3.  Someone who could talk about New York Trust Law and how the assignment to the Trust is a violation of the PSA and NY Trust Law.  Someone who could rebut the Corporate Witness is a sub-servicer and not a servicer in direct contract with the Trustee or the trust and has no authority to be here in court testifying on the Trustee’s behalf according to the PSA.  Someone who can lay foundation for the introduction of documents that refute the Plaintiff’s position it is the rightful party to bring this foreclosure action.  What if that someone was very well knowing in the industry as a discovery expert and consultant with over 18 years experience?

You see I am that someone.  I’ve come to realize that a judge is hard pressed to rule in favor of the Plaintiff when the defense has a voice.  One that is definitely much stronger than a corporate witnesses voice.  One that can offer a strong record of facts in case the court still grants the foreclosure and an appeal is necessary.  I am the person who can accomplish that.  Let me say this too:

YOU NEED TO BE READY TO APPEAL YOUR CASE!

You need to be ready because although you may find yourself in front of a very bias pro bank judge, the appeals court is not as biased and a good record deserves to be pushed to the appeals court because your case may be that case that changes the state of foreclosure throughout your state.  You should never stop fighting until you can’t fight anymore!  With that in mind I have created a model that I believe would benefit EVERYONE faced with a Final Summary Judgment Hearing or a Non-Jury Trial Hearing and I recommend all attorney’s who want to give their clients the best opportunity to win their case and clients directly to contact me immediately.  The hearing package I am offering may change the industry standard all together and I am certain I am the ONLY ONE in a position to offer this model.

I am only taking email inquiries at this point in time at trialwitness@amaexperts.com. 

The email inquiry should include you name, phone number, case style i.e. Wells Fargo v. JoHn Doe, case number and status of case i.e. summary judgment or non-jury trial hearing coming up on such and such date.  Once your email is received, you will get a response email and conference call time.

I IMPLORE ALL DEFENSE ATTORNEY’S TO CONTACT ME IMMEDIATELY!

I am confident you will engage my services after the phone consultation.  I look forward to hearing from you and helping you all!

- Anthony Martinez

The Bank Has A Trial Witness… …Why Don’t You?

March 19, 2014

DISCLAIMER: THE CONTENT IN THIS BLOG IS FOR INFORMATION PURPOSES ONLY AND IS NOT TO BE MISCONSTRUED AS LEGAL ADVICE! Anthony Martinez is a Litigation Discovery Expert, Consultant and Strategist. Neither Anthony Martinez nor his firm AMA engage in the practice of law and only provide Case Management Consulting (“CMC”) and Legal Process Outsourcing Services (“LPO”) to licensed practicing attorneys. AMA will provide public information only and will not provide any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies.

DON’T LOSE YOUR CASE!  RETAIN ANTHONY MARTINEZ AS YOUR TRIAL WITNESS TODAY!  Obtain the most advanced, state of the art Securitization and Forensic Audit Analysis Reports and Professional Loan Note Examination Analysis and Audit Reports from e-Logic Group (www.e-logicgroup.com). Sign-up today for e-Logic Group’s INTRODUCTION – HOW TO BECOME A PROFESSIONAL LOAN NOTE EXAMINER. Lean more about AMA Global Group’s Reverse Debt Collection Platform and Services at www.amaglobalgroup.com

Tune in every Thursday evening at 7pm and listen to the controversial live or archived conversations of real property litigation with expert guests on Blog Talk Radio’s - Who Stole Your Loan Radio - Hosted by Anthony Martinez.  Look for up and coming Webinar Events  and Seminar Events  presented and hosted by Anthony Martinez who talks specifically about Unlawful Foreclosure Fraud, Exposing the Fraud, the importance of a Defense Trial Witness, Loan Note Examination and How to Become a Professional Loan Note Examiner in addition to advanced discovery information, tactics and strategies!

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This by no means is new information but when you truly evaluate the win loss ratio between banks and borrowers you can’t help but analyze why they are winning and why we are losing.  If you dispense with the theory of corruption, Florida is a real estate town and the banks control the government coupled with the judges who just don’t care, you start to see things just a little differently.  The fact is the allegations in the complaint are bogus, the documents attached are bogus and whether its final judgment or non-jury trial, the banks corporate witness is BOGUS!  We know its been a scam, we know we are the prey and we know this whole foreclosure mess was the biggest robbery in history against the American people.  But if you do a side by side comparison of what the banks are presenting vs. what defense counsel is presenting you start to see not only what’s been done equally but what’s actually missing and there’s one distinctive difference that always appears …The bank has a trial witness but YOU DON’T!

I’m a believer that although the Circuit Courts show a continued bias against the borrowers, the appeals courts are more inclined to decide cases on the merits of what is properly before them.  Given the written record, the bank always has a witness that helps facilitate the note, mortgage, assignment(s), and payment histories as evidence which the court relies upon.  The foundation is laid down by the banks attorney establishing (no matter how poorly, unlawful or otherwise) these items are records that are kept in the normal course of business.  The bank witness effectively is probably one of the most unknowing person about your loan and is always a servicer representative brought in to talk about things they have no personal knowledge of.  So why is it working?  Simplicity says, here are docs, they’re what our case is based on and the only way we get away with introducing them without personal knowledge is the business record exception rule.  THAT’S IT!  Not rocket science or some complex scheme, just a way in the law that allows them to introduce the items that say there was a loan, there was a lien, you defaulted and judgment is due.  No expert or need for complexity.

But what about YOU?  WHERE IS YOUR WITNESS?  There is a missing component in your defense.  You are missing someone who has the ability to SAY I reviewed the complaint and found that the exhibits did not support the allegation in the complaint.  The assignment is not valid.  None of the trust documents support the servicer here today to act under the authority of the Trustee.  The PSA forbids a sub-servicer to act on the Trustee’s behalf and can only enter into contracts with the Servicer only and cannot enter into contracts with the Trustee.  The Power of Attorney is not valid.  The endorsements do not create a valid chain.  Plaintiff is not a holder under UCC-3, they are a holder under UCC-9.  The payment history report does not reflect the Mortgage Payment Insurance or other insurance related payments.  The payment history report does not reflect distribution payments by the trust or other accounts receivables or payable’s that reflect third-party payments on the loan.  Without those records we can’t come to a valid and proper determination of the balance on the loan for purposes of final judgment.  And so on and so on!

The point is, a defense trial witness who is fluent in these issues not only get to lay the foundation to introduce evidence, the defense trial witness can also REBUT testimony of the banks corporate witness and MOST IMPORTANTLY, can destroy the banks on the cross-examination.  This is powerful when you think about it.  It’s the silent voice no longer silent.  It’s defense in its best form – testimony on the record.  If you consider the ability to use a witness who independently can vocally tell the court here is the problem and why, no their witness is incorrect and here is why, no the documents don’t support final judgment and here is why, you STRENGTHEN a defense attorneys OBJECTION and strengthen you case overall to prevent Final Judgment from being entered.

I will be the first to tell you that given the bias and prejudice of the courts against borrowers, you might lose in circuit court.  BUT, a) this strengthens you chance to win and b) it certainly gives you a greater chance to win an appeal.  Think about it, presenting a trial witness is one of the things the defense is missing in a side by side comparison of what the banks are doing vs. what you’re doing.

I am now opening the door to be that Defense Trial Witness for you.  Contact me via email at trialwitness@amaexperts.com to learn more.

Anthony Martinez

WHOLE STOLE YOUR LOAN RADIO EPISODE DEFECTIVE!

February 21, 2014

DISCLAIMER: THE CONTENT IN THIS BLOG IS FOR INFORMATION PURPOSES ONLY AND IS NOT TO BE MISCONSTRUED AS LEGAL ADVICE! Anthony Martinez is a Litigation Discovery Expert, Consultant and Strategist. Neither Anthony Martinez nor his firm AMA engage in the practice of law and only provide Case Management Consulting (“CMC”) and Legal Process Outsourcing Services (“LPO”) to licensed practicing attorneys. AMA will provide public information only and will not provide any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies. Obtain the most advanced, state of the art FEAR Declarations (False Evidence Appearing Real), Securitization and Forensic Audit Analysis Reports and Professional Loan Note Examination Analysis and Audit Reports from e-Logic Group (www.e-logicgroup.com). Sign-up today for e-Logic Group’s INTRODUCTION – HOW TO BECOME A PROFESSIONAL LOAN NOTE EXAMINER. Lean more about AMA Global Group’s Reverse Debt Collection Platform and Services at www.amaglobalgroup.com. Tune in February 28, 2014 at 7pm this Thursday and listen to the controversial archive conversations of real property litigation with expert guests on Blog Talk Radio’s - Who Stole Your Loan Radio - Hosted by Anthony Martinez every Thursday at 7pm.  Look for up and coming Webinar Events  held every Tuesday and Florida Seminar Events held every Wednesday as Anthony Martinez talks specifically about Unlawful Foreclosure Fraud, Exposing the Fraud and How to Become a Professional Loan Note Examiner in addition to advanced discovery information, tactics and strategies to the Webinar and Seminar Circuit!

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Apologies to the 180 listeners that tuned in last night for the horrible technical difficulties we have with the VOIP phone system.  I have deleted the episode and will re-do it next Thursday, February 28, 2014 at 7PM.  See you all then.

WHO STOLE YOUR LOAN RADIO IS BACK! 7PM TONIGHT ON BLOG TALK RADIO!

February 20, 2014

DISCLAIMER: THE CONTENT IN THIS BLOG IS FOR INFORMATION PURPOSES ONLY AND IS NOT TO BE MISCONSTRUED AS LEGAL ADVICE! Anthony Martinez is a Litigation Discovery Expert, Consultant and Strategist. Neither Anthony Martinez nor his firm AMA engage in the practice of law and only provide Case Management Consulting (“CMC”) and Legal Process Outsourcing Services (“LPO”) to licensed practicing attorneys. AMA will provide public information only and will not provide any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies. Obtain the most advanced, state of the art FEAR Declarations (False Evidence Appearing Real), Securitization and Forensic Audit Analysis Reports and Professional Loan Note Examination Analysis and Audit Reports from e-Logic Group (www.e-logicgroup.com). Sign-up today for e-Logic Group’s INTRODUCTION – HOW TO BECOME A PROFESSIONAL LOAN NOTE EXAMINER. Lean more about AMA Global Group’s Reverse Debt Collection Platform and Services at www.amaglobalgroup.com. Tune in February 20, 2014 at 7pm this Thursday and listen to the controversial archive conversations of real property litigation with expert guests on Blog Talk Radio’s - Who Stole Your Loan Radio - Hosted by Anthony Martinez every Thursday at 7pm.  Look for up and coming Webinar Events  held every Tuesday and Florida Seminar Events held every Wednesday as Anthony Martinez talks specifically about Unlawful Foreclosure Fraud, Exposing the Fraud and How to Become a Professional Loan Note Examiner in addition to advanced discovery information, tactics and strategies to the Webinar and Seminar Circuit!

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Join me LIVE tonight at 7pm as I bring back WHO STOLE YOUR LOAN RADIO!  Tonight’s discussion is STRATEGY NO. 8:  HOW TO MAKE THE PLAINTIFF DANCE TO YOUR SONG! 

Servicer’s are accomplishing what should be an equitable subrogation action through an unlawful foreclosure action blindsiding the Courts and defense attorneys.  How do you effectively bring the right arguments to the Court and make the Plaintiff dance to your song?

In this episode I will discuss some of the best head scratching arguments raised including but not limited to:

- Shutting Down Opposing Counsel When The Plaintiff is Not Present;

- Ask Counsel Who Hired Them Your Honor?;

- Servicer for the Plaintiff?  Where’s the Proof?;

- Trustee?  Says Who?;

and much much more!

I will be bringing all my wittiness and sarcasm to the show.  See you tonight at 7pm sharp!

 

Judges, Senators, Congressmen, Councilmen… All Elected Officials Who Have Not Helped Homeowners… YOU’RE FIRED! YOU’RE ALL FREAKING FIRED!!!

February 12, 2014

DISCLAIMER: THE CONTENT IN THIS BLOG IS FOR INFORMATION PURPOSES ONLY AND IS NOT TO BE MISCONSTRUED AS LEGAL ADVICE! Anthony Martinez is a Litigation Discovery Expert, Consultant and Strategist. Neither Anthony Martinez nor his firm AMA engage in the practice of law and only provide Case Management Consulting (“CMC”) and Legal Process Outsourcing Services (“LPO”) to licensed practicing attorneys. AMA will provide public information only and will not provide any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies. Obtain the most advanced, state of the art FEAR Declarations (False Evidence Appearing Real), Securitization and Forensic Audit Analysis Reports and Professional Loan Note Examination Analysis and Audit Reports from e-Logic Group (www.e-logicgroup.com). Sign-up today for e-Logic Group’s INTRODUCTION – HOW TO BECOME A PROFESSIONAL LOAN NOTE EXAMINER. Lean more about AMA Global Group’s Reverse Debt Collection Platform and Services at www.amaglobalgroup.com. Tune in February 20, 2014 at 7pm this Thursday and listen to the controversial archive conversations of real property litigation with expert guests on Blog Talk Radio’s - Who Stole Your Loan Radio - Hosted by Anthony Martinez every Thursday at 7pm.  Look for up and coming Webinar Events  held every Tuesday and Florida Seminar Events held every Wednesday as Anthony Martinez talks specifically about Unlawful Foreclosure Fraud, Exposing the Fraud and How to Become a Professional Loan Note Examiner in addition to advanced discovery information, tactics and strategies to the Webinar and Seminar Circuit!

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I want to get this out there short and to the point.  YOU HAVE A VOICE!  No matter how bad any elected official has screwed you over YOU STILL HAVE THE LAST LAUGH!  I want every homeowner across this still very GREAT country to go to the voting polls and VOTE FOR THE OTHER GUY!  That’s right, VOTE FOR THE OTHER GUY!  I don’t want you to care about the worst of two evils and I don’t want you to care about the political agendas, I want you to keep it simple…

IF THE JUDGE, SENATOR, CONGRESSMAN, COUNCILMAN, DISTRICT ATTORNEY OR ANY OTHER ELECTED OFFICIAL DID NOT EMPHATICALLY PRESENT THEMSELVES AS PRO-HOMEOWNER AND DO EVERYTHING IN THEIR POWER TO PROTECT OUR RIGHTS, ON ELECTION DAY, VOTE FOR THE OTHER GUY!

Help send the message across every blog and every media outlet that WE THE PEOPLE have the power and we will determine YOUR FATE, YOU WILL NOT DETERMINE OURS!  Send the message across the country over every single outlet…

YOU’RE FIRED!!!  YOU’RE ALL FREAKING FIRED!!!

When and Why Lawyers Fail

November 25, 2013

DISCLAIMER: THE CONTENT IN THIS BLOG IS FOR INFORMATION PURPOSES ONLY AND IS NOT TO BE MISCONSTRUED AS LEGAL ADVICE! Anthony Martinez is a Litigation Discovery Expert, Consultant and Strategist. Neither Anthony Martinez nor his firm AMA engage in the practice of law and only provide Case Management Consulting (“CMC”) and Legal Process Outsourcing Services (“LPO”) to licensed practicing attorneys. AMA will provide public information only and will not provide any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies. Obtain the most advanced, state of the art FEAR Declarations (False Evidence Appearing Real), Securitization and Forensic Audit Analysis Reports and Professional Loan Note Examination Analysis and Audit Reports from e-Logic Group (www.e-logicgroup.com). Sign-up today for e-Logic Group’s INTRODUCTION – HOW TO BECOME A PROFESSIONAL LOAN NOTE EXAMINER. Lean more about AMA Global Group’s Reverse Debt Collection Platform and Services at www.amaglobalgroup.com. Listen to the controversial archive conversations of real property litigation with expert guests on Blog Talk Radio’s - Who Stole Your Loan Radio - Hosted by Anthony Martinez every Thursday at 8pm.  Look for up and coming Webinar Events  held every Tuesday and Florida Seminar Events held every Wednesday as Anthony Martinez talks specifically about Unlawful Foreclosure Fraud, Exposing the Fraud and How to Become a Professional Loan Note Examiner in addition to advanced discovery information, tactics and strategies to the Webinar and Seminar Circuit!

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Attorneys fail when they don’t know all the facts.  They fail because they lack a specific understanding of a factual argument that involves significant due diligence, creativity, strategy and tactical deliverance.  Now I don’t intend to offend but what does it say when Judges refuse to listen to the factual merits of ones case and lawyers refuse to introduce factual securitization and/or other loan relevant information to the court?  Let me be clear on this position.  Obtaining a securitization analysis or any factual analysis on a loan is not a scam.  The scam or scam artist is the attorney who tells you securitization or other factual information is not important.  Let me be more clear.  There is only one reason why the courts reject securitization or any factual information used in a legal proceeding.  The reason is, the lawyer presenting it failed to present it properly.  The reason why securitization facts and arguments have failed across the State of Florida and other states in general is only because lawyers have failed to properly argue them.  Factually this has been proven by attorneys in say New York, California and other places who have raised the same factual issues successfully and have caused the courts in those jurisdictions to render decisions in their clients favor.  Fact in point, in New York, courts recognize New York Trust Law governs common law created REMIC Trusts, assignments filed after the closing date are in contravention to the Pooling and Servicing Agreement rendering the assignment void, the Trustee has no standing because it violated the terms of the Pooling and Servicing Agreement and so on.  So if the argument is valid and effective in that state (which quite frankly is the home venue for all of this nonsense) and the many others across the land, why is Florida at such great odds?

Anyone who has been trained will tell you a very simple fundamental fact.  There are those that are trained and those that are not trained.  Learning is repetition, it’s an integral part of training.  Like all training, there is a beginning to it.  So riddle me this, how can any attorney feel comfortable saying getting all of the facts associated with the loan is not important? Gaining insight into securitized loan information is important because it tells you the life and roads a loan may have traveled.  Knowing all the facts is good lawyering.  Attaching an audit to the back of a pleading is lazy lawyering and here’s why.  What is the logic behind admitting or alleging the loan was placed in the trust or is a part of the trust without knowing the facts about the trust which would include whether the loan was actually placed into the trust, is the trust actually real and existing etc.?  It’s not about admitting the loan was a part of the trust.  It’s about providing evidence the loan was not a part of the trust at the time it was supposed to be and raise the question of whether or not it is part of the trust now.  It’s about letting the bank introduce information that the loan is, what the banks authority is based upon and using their information against them.  Attorneys have been ineffective at this and because attorney’s have failed at this tactic and strategy, they’ve failed at educating judges.  As a result, they now choose to downplay their failure to present the facts properly with statements like securitization audits are a scam etc.  The reality is, Florida and other states where the courts are rejecting factual information is the result of bad lawyering which translates into bad case-law and a greater uphill tilt in the fight to prevail in the truth about the greatest robbery ever committed.

I won’t get into the suffering of homeowners vs. the suffering of wall street, the servicers, banks etc.  What I will say is if judges have an impression of either bias toward homeowners, favorable toward the banks or vice versa, it will always be the result of the argument raised.  Either that or judges have been paid off by the banks and are heavily engaged in corruption.  It could certainly be a combination of both but I’d put my money with the wrong argument and lack of ability of the attorney.  I am an advocate of factual information.  I am not an advocate of conjecture or layman theory that cannot be supported factually.  In that sense, any audit or other kind of report that is not factually sound is useless and is not worth the money.  Indeed anyone can find out if their loan was securitized if that information or an indication of that information exist to point you in the right direction.  But if that information is so easily ascertainable as some attorneys claim, why are they not making the research of that information a part of their defense practice?  Isn’t it fair to say if the information is so easily accessible you should be including this information in your legal fees?  Why don’t attorney’s purchase a user license at $2,000.00 a month per terminal for ABSNET or Bloomberg and incorporate the searching of loan information in their case preparation?

The point is this – IT’S NEVER ABOUT ACCESSING THE INFORMATION, IT’S ALWAYS ABOUT HOW THE INFORMATION IS USED!  No matter how you twist and turn that argument, ultimately how information is used tactically and strategically is up to the attorney and if your attorney can’t succeed in using factual information then the problem exist only in one place, your choice in attorney.  Indeed there may be over 95,000 attorneys in the State of Florida but that doesn’t mean they are any good let alone well versed in litigation strategy and tactics.  Hate to put it out there like that but homeowners and good attorneys are running out of room to operate.  They are now pressed into the corner of plaintiff’s coming in and simply saying they are the holder of the Original Note and that’s all that matters.  All legal arguments are now thrown out the window.

Here is the only real argument left for attorneys.

  1. UCC 3 Holder vs. UCC 9 Holder – use the date in the complaint alleging the default and then the date of the alleged assignment.  You will find that the assignment is always post default which means they took the note while it was in default.  That places them as a UCC 9 Holder not a UCC 3 Holder.  This is a backdoor to securitization because under UCC 9 they have to prove up the chain of assignments.  Thus, if you have a trustee their authority as trustee comes from the PSA.  Get them to introduce the PSA to prove up their authority and the backdoor has now been opened for you to use their own evidence (PSA) against their chain of note transfers because the PSA makes clear the note was alleged to have been sold from the Originator to the Sponsor to the Depositor who created the Issuing Entity and then sold it/transferred it to the Issuing Entity – the Trust.  Now you’re back in legal argument mode with a stop sign on the “hey judge we hold the original note under 673″.
  2. Is the Original Note really the original?  First we saw the epidemic of lost note counts from Stern, Watson and the other mills.  They didn’t have the original notes.  Then the Supreme Court unleashed the Residential Mortgage Task Force and the Florida Banking Association President stepped in with a Comments Brief to explain WHY the lost notes counts were occurring – BECAUSE THE NOTES WERE DESTROYED AFTER THE CLOSING DOCS WERE SCANNED IN COLOR!  Today lost note counts are dropped and in ALL cases the ORIGINAL NOTE has now appeared.  So what does that mean, the Notes weren’t destroyed and the Florida Banking Association lied?  Of Course not!  It’s the new fraud upon the courts people!  It’s the new fabricated document!  The Notes are fake people so factually prove the note is not the authentic original and the only thing the Plaintiff is in possession of is a color copy.

Here’s another important strategy – get the Plaintiff to introduce the PSA and securitization documents for you instead of you doing it.  File a motion for a more definite statement asking to clarify who the Plaintiff is.  Is it U.S. Bank or Deutsche Bank in their individual capacity, is it either as Trustee, is it the Certificate Holders, is it the Trust itself?  Who is the actual plaintiff?  This falls in line with capacity arguments.  Once that PSA is introduced by them, now you can attack it properly and strategically.

Here’s another important strategy – remind the court about the requirements for a trust or any of its agents to conduct business in the state.  In Florida for example they are required to file the Trust documents with the Secretary of State and pay the $350.00 fee.  Foreclosure is the conducting of business for the purpose of facilitating the sale of the property for monetary gain.  That opens up a whole other door that involves the courts jurisdiction, standing etc.

Fight hard lawyers… fight hard… don’t be shy to ask for help either.  Shoot me an email and I will be more than happy to help you help others.  Kids deserve to keep their bedrooms and family deserves to stay together.

CRITICAL STRATEGY UPDATE – The Trustee is Nothing More Than a Reporting Agent

September 12, 2013

DISCLAIMER: THE CONTENT IN THIS BLOG IS FOR INFORMATION PURPOSES ONLY AND IS NOT TO BE MISCONSTRUED AS LEGAL ADVICE! Anthony Martinez is a Litigation Discovery Expert, Consultant and Strategist. Neither Anthony Martinez nor his firm AMA engage in the practice of law and only provide Case Management Consulting (“CMC”) and Legal Process Outsourcing Services (“LPO”) to licensed practicing attorneys. AMA will provide public information only and will not provide any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies. Obtain the most advanced, state of the art FEAR Declarations (False Evidence Appearing Real), Securitization and Forensic Audit Analysis Reports and Professional Loan Note Examination Analysis and Audit Reports from e-Logic Group (www.e-logicgroup.com). Sign-up today for e-Logic Group’s INTRODUCTION – HOW TO BECOME A PROFESSIONAL LOAN NOTE EXAMINER. Lean more about AMA Global Group’s Reverse Debt Collection Platform and Services at www.amaglobalgroup.com. Listen to the controversial archive conversations of real property litigation with expert guests on Blog Talk Radio’s – Who Stole Your Loan Radio - Hosted by Anthony Martinez every Thursday at 8pm. Look for up and coming Webinar Events  held every Tuesday and Florida Seminar Events held every Wednesday as Anthony Martinez talks specifically about Unlawful Foreclosure Fraud, Exposing the Fraud and How to Become a Professional Loan Note Examiner in addition to advanced discovery information, tactics and strategies to the Webinar and Seminar Circuit!

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Today I received word from a trusted known TRUSTEE source who stated:

We are essentially a reporting agent and you would have to work with the loan servicers in regards to purchasing properties.

The obvious questions would be why is the person who allegedly owns the loan be sending me to a party that doesn’t own it? AND, why would the party who allegedly owns it act like the servicer of it and send me to the a party who doesn’t own it to make the purchase from them?  In case anyone is still perplexed about the who, what, when, where’s and why these bank mobsters are still getting away with stealing properties it’s pretty much because they still have us looking at the left hand while they pocket the money with the right hand.  This of it like a mirror and everything is opposite.  The one who alleges they own it doesn’t and the one that says they only service it does!  The problem is, the paperwork doesn’t support that scenario so they have to rely on the paperwork in play.  This would explain the heavy buying of so-called servicing rights and the NEW AND IMPROVED securitization matrix.

If you didn’t already know who it was that was actually pulling the foreclosure strings, now you know.  It’s  the SERVICER!  It always has been because they own the loan illegally and don’t have the paperwork to prove it up so they have to use the hammy-down paperwork that names these TRUSTEES and TRUSTS because there are documents to support transfer etc.  And YES that paperwork is extensively flawed but foreclosure mills get away with saying YOU are not a party to those contracts and have no privity to raise any breach of them.  I’ve talked about ways to deal with that so read the blog but I want to give light on how to use this information to your advantage.

Here is what every attorney needs to do and if you are Pro-Se, hire an attorney on a limited basis to do this for you if you are good at representing yourself.  Are you reading carefully?

DEPOSE AN ASSET MANAGER OF THE TRUSTEE ASSOCIATED WITH YOUR LOAN AND FILE A SUBPOENA FOR DOCUMENTS TO PRODUCE AT THE DEPOSITION!  THEY WILL TELL YOU THEY DO NOT OWN THE LOAN AND THEY ARE NOTHING MORE THAN A REPORTING AGENT!  THEY WILL TELL YOU THAT YOU HAVE TO SPEAK TO THE SERVICER ABOUT PURCHASING THE PROPERTY!

Did you all read that and get the in between the lines questioning I gave you? Why do you think the Servicer is the witness in a non-jury trial or the affiant for the amount due and owing in support of summary judgment?  You see the judge believes it’s because their the servicer that services the account so they understand WHY they always use the business exception rule but the judge never stops to ask, why is the SERVICER in my courtroom holding the original note saying to me the judge

HEY DUDE WE COLLECT THE MONEY, THE BIRD FLYS AS HIGH AS THE MOUNTAINS AND WE HOLD THE ORIGINAL NOTE, LET US IN! 

If you pursue the deposition of the asset manager you may break serious ground in factually proving the Plaintiff is not a party of interest.  This may allow you to file your own motion for summary judgment and close the case.  If the SERVICER wants to claim it holds the note and that’s all it needs, let them file an action with their name on it.  Something tells me they won’t!

If you are interested in finding out who the asset manager for your trust is, contact info@e-logicgroup.com.  For a small fee, e-Logic will not only give you the name of the Asset Manager, you will also get the first month payout and last payout to investors with factual proof about whether or not your loan was actually ever a part of the trust.

Happy Hunting!

 

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