In the past one would say that Area 51 contained aliens and their futuristic technology from unknown worlds. This area of land we were not privy to. It was a place that was bordered by fences and armed guards. Outsiders were not allowed to enter this area. It was restricted and contained items that were considered top secret.
Fast forward today into the realm of Foreclosure and the field of Securitization. This is the new Area 51. This is an area in which few dared to venture and fewer would come out alive. The complexity of the information that that has been revealed, and the deciphering of the governing documents put forth a cascade of information that has been overwhelming to the general public as well as the judicial system. When this information is taken and applied pursuant to the statutory requirements of law, as the law pertains to the Mortgage Loan Instrument, the results are both overwhelming and at the same time simplistic in its nature.
Let us break down what has happened to the basic core elements. A Tangible Promissory Note was created and signed. A promise was given to repay a loan. This is evidenced by the Tangible Promissory Note. A Second unilateral contract was signed for an alternative means of collection in the case of a default. This document is known as the Security Instrument. This document is given the name Mortgage or Deed of Trust. This document is signed by the borrower, however it has been created by the lender. The Security Instrument is then filed, indexed and recorded into public record. There is now a perfection of lien.
Years later there is a perception of deficiency on the part of the borrower. Upon further inspection is appears that there has been a default on the part of the lender. This default is in the application of the covenants of the Security Instrument. The question then becomes who defaulted first? A further examination discovers that certain transactions of the Mortgage Loan took place, and certain transactions that were to take place did not. What is a borrower to do?
One way to do this is to start with an analysis of the Mortgage Loan Instrument. In undertaking this task a search of records and documents is done. This search encompasses the publicly recorded documents, court documents and exhibits, Security Exchange Commission, private databases and any other viable sources that would have access to such records and documents. In gathering this information the borrower then learns through the analysis what was to have happened, what did happen and what did not happen. Once that information has been gathered, then statutory requirements of law are to be applied to the transactions that have taken place or were to have taken place. One would then know if the party coming forth with an action is coming in with clean hands. The borrower would then have knowledge if there is any proper party that can come forth with a viable foreclosure action.
A good analysis is a great educational tool that puts things in to the proper perspective. Ok so now what? Information is no good if you do not use it. You need to take action. The action that is required depends on what state you are in and where you are at in the process of foreclosure. What have you done so far? What has the other party done in an attempt to bring forth a foreclosure action? A Motion to Dismiss for Lack of Standing is something that I would look at if I were in a judicial state and if the party coming forth with the foreclosure action had no standing. If I were in a non-judicial state I would look at an injunction. I would do something to stop the train and level the playing field. Use the laws the way that they were intended to be used. Hold the parties that are coming forth with a foreclosure action accountable for their actions. A grievance or complaint may be brought against an attorney in the form of a bar grievance if he violates his Oath of office. Once action is started you must keep it going. The fat lady has not sung and I do not intend to let her.
Mortgage Compliance Investigators