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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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