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Specific Case Analysis

***EDITORS NOTE***

This page is dedicated to parties that have requested and authorized me as a litigation discovery consultant and foreclosure strategist to review a case file and render an analysis of my findings.  This page and the content herein should not to be construed as legal advice and is not published for such purpose(s).  The content described herein is my own personal opinion about a specific case reviewed by me and is supported by my own personal research and findings.

My independent review of individual cases is designed to help attorneys get a better grasp of the flaws, errors and issues a particular Plaintiff may have in bringing a foreclosure action against a particular borrower.  Some of the topics addressed in a specific case may be the complaint allegations vs. the exhibits to the complaint.

  • Do the exhibits support the allegations or do they conflict and if so how.
  • Are the allegations in the complaint such as “is the servicer and has been authorized to bring this action” supported by the exhibits.
  • Has standing at inception been established.
  • Does the complaint properly invoke the courts subject matter jurisdiction.
  • Are the requirement for verification of a complaint met.
  • Did Plaintiff follow the mandatory disclosure requirements prior to filing this foreclosure action.
  • Does a valid UCC-3 (673) holder argument exist or is there a UCC-9 holder argument to be made.
  • Do genuine issues of material fact exist to preclude summary judgment and if so how.
  • Did Plaintiff file exhibits properly within 20 days of the summary judgment hearing.
  • Analysis of affidavit of indebtedness/amounts due and owing.
  • Loan life analysis – securitization transfers vs. assignment of mortgage transfers.
  • Pooling and Servicing Agreement (PSA) analysis – is servicer the servicer or sub-servicer authorized to act on behalf of trustee.
  • Florida law vs. NY Trust law application to case.
  • Shadow lending analysis – was the lender the actual funding source to the loan transaction.
  • Securitization trust document research and analysis.
  • Loan note examination and analysis – is the note an original or a fabricated color copy.
  • Witness and exhibit list review for non-jury trial.
  • Corporate witness “personal knowledge” analysis.
  • Rebuttal analysis.
  • much more!

My analysis is published with permission and all personal data and specifically requested information is redacted to ensure privacy and protection.  You may not use my analysis without my expressed If you are an attorney that has a case pending and are interested in having me provide an independent case analysis prior to a summary judgment or non-jury trial hearing make your initial request to trialwitness@amaexperts.com.  Please submit your name, telephone number, the case style and current status of the case.

– Anthony Martinez

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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.

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One Comment leave one →
  1. October 16, 2015 1:51 am

    I havent had much sleep since we’ve been evicted. Ours is quite a different case…squatter sold our house while he was squatting here. couldn’t get much help from police. husband is the only one on the Beneficial note. He thinks he owns this house…I do too, since the stress of trying stay alive these last fews years is intense. He’s like a holocaust survivor…but I’ve managed to put some good lbs on him since he got out of hospital with stroke…blockage in the artery to brain. He had aschemic heart rebuild-5 way in 2007 which intitles him to full comp thanks to the VA…we are so grateful…he is a Vietnam Vet Marine. He has taught me well…stand up for yourself. The house was in foreclosure for quite some time…I have two years of bills…I am the new wife…wife passed in 2011 and we got married 2013. Ive know Gary for over thirty years…he was the twenty-five hour mechanic, 7 days a week in this small town of Mt. Shasta. Couldn;’t get a loan modification with Trustee Corps…just sent me a form for short sale which I didn’t fill out. Gary wants to stay here…we waited 14 months to get back in. I would like you to read my answer to the debt collection law firm in LA. I am an amateur but I know something about rights for disabled folk and consumer law.. I need your help. Garys whole disposition has changed for the better…he talks a little more. He is handsome and strong really…just cant express himself due to aphasia. The house was sold online for around 100,000 while squatter was in here. Would you look at our case please. Beneficial said they would do loan research, then loan modification but nothing. I kept ever scrap of paper and have been to courthouse making copies of banks who’ve owned house, etc. We are ready to fight for this place…everybody wants it for $45000 cheapest house in town. Squatter trashed…we painted whole place and fixed alot. We would be happy with a mortgage..Gary thinks he signed a clause that if anything happens to one of them the loan would be paid off. His wife was on note and 15 yrs older…kept good records…adult children…4 did not want him to marry and did estate sale too early…paperwork for the last two years is all I have. Gary and Susan Hall Thanks for reading…you are certainly working for the benefit of mankind.

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