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This by no means is new information but when you truly evaluate the win loss ratio between banks and borrowers you can’t help but analyze why they are winning and why we are losing. If you dispense with the theory of corruption, Florida is a real estate town and the banks control the government coupled with the judges who just don’t care, you start to see things just a little differently. The fact is the allegations in the complaint are bogus, the documents attached are bogus and whether its final judgment or non-jury trial, the banks corporate witness is BOGUS! We know its been a scam, we know we are the prey and we know this whole foreclosure mess was the biggest robbery in history against the American people. But if you do a side by side comparison of what the banks are presenting vs. what defense counsel is presenting you start to see not only what’s been done equally but what’s actually missing and there’s one distinctive difference that always appears …The bank has a trial witness but YOU DON’T!
I’m a believer that although the Circuit Courts show a continued bias against the borrowers, the appeals courts are more inclined to decide cases on the merits of what is properly before them. Given the written record, the bank always has a witness that helps facilitate the note, mortgage, assignment(s), and payment histories as evidence which the court relies upon. The foundation is laid down by the banks attorney establishing (no matter how poorly, unlawful or otherwise) these items are records that are kept in the normal course of business. The bank witness effectively is probably one of the most unknowing person about your loan and is always a servicer representative brought in to talk about things they have no personal knowledge of. So why is it working? Simplicity says, here are docs, they’re what our case is based on and the only way we get away with introducing them without personal knowledge is the business record exception rule. THAT’S IT! Not rocket science or some complex scheme, just a way in the law that allows them to introduce the items that say there was a loan, there was a lien, you defaulted and judgment is due. No expert or need for complexity.
But what about YOU? WHERE IS YOUR WITNESS? There is a missing component in your defense. You are missing someone who has the ability to SAY I reviewed the complaint and found that the exhibits did not support the allegation in the complaint. The assignment is not valid. None of the trust documents support the servicer here today to act under the authority of the Trustee. The PSA forbids a sub-servicer to act on the Trustee’s behalf and can only enter into contracts with the Servicer only and cannot enter into contracts with the Trustee. The Power of Attorney is not valid. The endorsements do not create a valid chain. Plaintiff is not a holder under UCC-3, they are a holder under UCC-9. The payment history report does not reflect the Mortgage Payment Insurance or other insurance related payments. The payment history report does not reflect distribution payments by the trust or other accounts receivables or payable’s that reflect third-party payments on the loan. Without those records we can’t come to a valid and proper determination of the balance on the loan for purposes of final judgment. And so on and so on!
The point is, a defense trial witness who is fluent in these issues not only get to lay the foundation to introduce evidence, the defense trial witness can also REBUT testimony of the banks corporate witness and MOST IMPORTANTLY, can destroy the banks on the cross-examination. This is powerful when you think about it. It’s the silent voice no longer silent. It’s defense in its best form – testimony on the record. If you consider the ability to use a witness who independently can vocally tell the court here is the problem and why, no their witness is incorrect and here is why, no the documents don’t support final judgment and here is why, you STRENGTHEN a defense attorneys OBJECTION and strengthen you case overall to prevent Final Judgment from being entered.
I will be the first to tell you that given the bias and prejudice of the courts against borrowers, you might lose in circuit court. BUT, a) this strengthens you chance to win and b) it certainly gives you a greater chance to win an appeal. Think about it, presenting a trial witness is one of the things the defense is missing in a side by side comparison of what the banks are doing vs. what you’re doing.
I am now opening the door to be that Defense Trial Witness for you. Contact me via email at email@example.com to learn more.