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FOLLOW THE MONEY-THE ABSOLUTE FORECLOSURE DEFENSE

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FOLLOW THE MONEY-THE ABSOLUTE FORECLOSURE DEFENSE

As any detective or investigator will tell you, “follow the money”, it will always lead to solve the crime. The crime we are talking about here is foreclosure fraud (Fraudclosure) . The main crime consists of many smaller crimes such as perjury, forgery, false credentials, improper paperwork, etc. However, the common factor in all these crimes is the fact that they leave a paper trail. The trail cannot be undone or hidden because the documents are either in the Public Records or Court filing, and several other locations not commonly known.

Everyone always looks at the “Robo-Signer” aspect of foreclosure defense, which is obvious and well established now. We know who they are and were, but that took us years to uncover. The banks don’t have the proper paperwork, and the law firms under investigation aren’t going to continue the practice they got away with for years, so the next logical question is “ What are the banks going to do now?” One simple answer is get all new robo-signers, it will take us years to uncover this, and if they are less careless and cavalier this time around, they will change their M.O.. One thing they can never change is the Pooling and Service agreements, certified accountingand sworn reportingto the IRSand the SEC. Insofar  as SEC filings can be found at Edgar’s Databasewhich contains all 8K & 10K filings necessary to be filed.

The documents you need to defend are contained within the accounting practices. All securitized loans must be registered and properly accountedfor. No matter how the Banksters “cooked the books”, the money has to show up somewhere, you just need to know where to look. This also creates an excellent item for discovery and production purposes. The standards and requirements for this are extremely stringent and carefully monitored by the government. Without the ability to prove an equitable transfer, or best case scenario, satisfaction of the loan debt, Summary Judgment standards are not possible. In Bankruptcy Court, this creates the ideal adversarial proceeding.

 

*NOTE: The links herein are contained within www.foreclosureself-defense, the author of this article. The aforementioned entity does not derive any compensation whatsoever, the intent of the website is to provide free information to distressed homeowners and others.



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