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.