Preparing for Battle with Competent Evidence

Bob Cape Coral, FL
December 29, 2014
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Preparing for Battle with Competent Evidence

Prior to one going into a battle, an assessment of the tools that are available to use in the fight must be put together. In this instant we are talking about the battle of Foreclosure. The parties coming forth with a foreclosure action all have different names, however their goal is the same and that is to take something that they have not lawfully and statutory acquired the rights to.

One of the tools that has been very helpful to many is a Chain of Title Analysis. This Chain of Title Analysis is state specific and pursuant to local laws of jurisdiction. It shows what was to be done, what was done and what was not done pursuant to statutory requirements of law. This analysis of the events is very important as when one looks at what a Chain of Title actually is they are amazed.

Chain of Title refers to the official record of ownership of a particular property. The Chain of Title Analysis looks at the sequential ownership of what is claimed by the foreclosing parties and compares it with information that is true and accurate.

Many times the homeowners and their attorney’s lack competent evidence. The term ‘competent evidence’ is used to refer evidence that is relevant, and of such nature that it can be received by a court of law. It refers to evidence that is appropriate and needed to prove the issue of fact that the parties have made.A summary judgment is proper if there is no genuine issue of material fact. The Chain of Title Analysis by Mortgage Compliance Investigators many times is able to show that there genuine issues of material fact.

It is the absence of facts that many times leads to the demise of the defense on the part of the homeowner. One cannot dispute the findings of fact. They may not like them, however that is irrelevant.

As licensed private investigators we hold as part of our duty is to be able to make sense and interpret the facts. In doing the taking of information that was so vague and making it more clear and understanding is what the Chain of Title Analysis does. An understanding has to be applied to determine if Analysis supports the fact found

The Chain of Title Analysis exploits the errors foundand the empirical results support the view that the Chain of Title Analysis serves a valuable role in the determination that what is claimed by the party attempting foreclosure actions is not true and correct. Nor are the foreclosing parties’ claims accurate. The goal is to arm one’s self with a battle ready tool and this is one of those tools. In addition one can make use of an additional tool which would be the Infographics that were created by this writer specifically for use in conjunction with the Chain of Title Analysis that is done by Mortgage Compliance Investigators. The adage that a picture speaks a thousand words could not be better stated as the Chain of Title Analysis is written in legalese and even today many of the attorney’s do not fully comprehend the information provided. The addition of an using anfographic pertaining to analysis provides a powerful tool.

Use these tools wisely.                                                                                                                         Respectfully,                                                                                                                                        Joseph Esquivel                                                                                                                                         Mortgage Compliance Investigators                                                                                                 Copyrighted© 2013ls—*-*-*

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