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How to defend against/disqualify/strike robosigned mortgage assignment?


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Wow, I'm not sure at this point. Original mortgage was thru Ocwen, transferred to Countrywide then Bank of America, and now Greentree. I have an open foreclosure case with Bank of New York Mellon as Trustee for a trust. Plaintiff has not provided proof of properly endorsed and transferred note, I don't think they even HAVE the original note, Mortgage has witnesses I have never met and were not present at closing, and the only Mortgage transfer on file is in 2011 from Ocwen to BONYM by known robosignors. I have a VERY biased judge (who said in a hearing Friday it did not matter if Plaintiff has Note, they are entitled to get paid, amongst other things). Wondering how I would get legally admissible proof of robosigning since he said the things I found on the internet about mine are hearsay and not admissible (although there are several different sources). Thanks!

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With the presumption in court that the lying bank is speaking the truth and their documents are not fraudulent it is doubtful that even proving robosigning is going to prevent the average judge from ruling against a homeowner.
 
If one had robosigning issues that were notary centric it might be possible to get the applicable state authority to take action against the notary. That takes time and there are no guarantees that the Secretary of State or whoever is responsible for policing that state's notaries will follow their own statutes and discipline a bad notary. A revocation of a notary commission by a SoS should be non-hearsay admissible evidence.
 
Lacking the time to pursue and success in proving up a notary robosigning issue (or piggybacking off an existing SoS determination against an applicable notary) I think it would be hard to get non-hearsay evidence outside of a deposition.
 
Based on equity the judge likely wants an answer to two things
 
1.) are you in default/missed payments;
 
2.) did you sign a note/mortgage?

If the answer is yes to both then the judge is probably comfortable taking your home from you and giving it to the 1st party that claims they want your home. The judge will do this based on equity.
 
In actuality it is the loan that has to be in default and whether the homeowner is or is not in default is not pertinent when enforcing the security on a real estate related note Unfortunately, this will likely not weigh on the judge's mind.
Example: If you don't pay your property taxes and a debt collector/servicer timely pays your property taxes are *you* in default on your property taxes?
 
The fact that there is only one valid party at a time (if any) or their agent that has a right to enforce a note and take a home via the applicable state's foreclosure process will also not likely weigh on the judge's mind.
 
Just started reading a fascinating book, Fighting the Foreclosure Machine. It appears to focus on stuff that tends to work. Will know more when I finish reading but my plate is full so it will take a while.
 
The argument we seem to repeatedly hear from opposing in a JDB DC lawsuit is "you know they owe someone" so they might as well pay me. I see judicial foreclosure as similar. The homeowner might prove that there was fraudulent robosigning but the judge will very likely rule against the homeowner based on their reliance on the old "you know you owe" being the equitable resolution. The likely best case scenario is a bit of delay while the judge allows the proven robosigners to patch up their documents and steal the home after a little high quality photoshopin' is presented to the court.
 
Homeowner victims need to identify and execute only what actually works in court to prevent the theft of their home. Doing anything else is a distraction that is getting homeowners killed. Stuff like the "show me the note" defense in Arizona is a clear example of how to be crushed in court WALTNER v. JPMorgan Chase Bank, NA, 297 P.3d 176 (Ariz. Ct. App. 2013).

 

The distractions are everywhere and unfortunately so are the homeowners as roadkill.

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Just started reading a fascinating book, Fighting the Foreclosure Machine. It appears to focus on stuff that tends to work. Will know more when I finish reading but my plate is full so it will take a while.

 

Homeowner victims need to identify and execute only what actually works in court to prevent the theft of their home. Doing anything else is a distraction that is getting homeowners killed. Stuff like the "show me the note" defense in Arizona is a clear example of how to be crushed in court WALTNER v. JPMorgan Chase Bank, NA, 297 P.3d 176 (Ariz. Ct. App. 2013).

 

The distractions are everywhere and unfortunately so are the homeowners as roadkill.

 

Thank you for the very informative response. I will go to Amazon and look for the book - just curious, do you have an example or two of the strategies that do work? I have a textbook "bad mortgage", I'm sure many defenses would fit my situation. Thanks!

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