How Do I Use This Information to Survive Foreclosure?

THE NEIL GARFIELD SHOW

There is a huge difference between knowing something and doing something. Everyone knows or at least suspects that the current wave of foreclosures since the year 2000 has been some sort of scam. Only experienced trial lawyers have been successful, most of the time, in turning back efforts to foreclose. Even some pro se homeowners have been successful. But most homeowners either do nothing and default and most of the rest put up a smokescreen that the foreclosure mills steamroll in court. For 16 years I have been sounding the alarm about these illegal foreclosures. I have described the specifics of the greatest economic crime in human history. Now it's time to get all homeowners to do something. It's time to stop the threat of foreclosures and get down to the business of awarding all the players the fruit of the extra-legal claims of securitization of residential debt. And for 16 years homeowner and their lawyers have largely missed the opportunities to retain the biggest investment in the lives of anyone who ever purchased a home. So here are the first two rules I will discuss tonight, along with others, on how to use the information you have about the insufficiency of the case against the homeowner in what is styled as a foreclosure but in reality, is a grab for profit. First, don't try to prove any fact. Don't allege it because then you will be inviting the burden of proving it. It doesn't matter whether your opposition is evil. Second, Do contest the allegations, exhibits, assumptions, and presumptions. Do this with the knowledge that wherever MERS or REMIC trust is asserted or implied to be involved, they have no objective evidence to support their claims to the existence of the debt, the ownership or authority to administer, collect or enforce.