Someone sent me this post and I couldn’t sit by and allow such B.S. to stand.
Attack the presumption or rebut it. That is your choice.
This is why Garfield has NEVER won a foreclosure case he clearly doesn’t know or understand foreclosure law.
DEUTSCHE BANK NATIONAL TRUST CO. V. VALERIE J. SLOTKE (Wash. Ct. App. 2016) (“it is the holder of a note who is entitled to enforce it. It is not necessary for the holder to establish that it is also the owner of the note secured by the deed of trust.); TROTTER V. BANK OF NEW YORK MELLON, 275 P.3d 857 (Idaho 2012). (“a trustee may initiate nonjudicial foreclosure proceedings on a deed of trust without first proving ownership of the underlying note….”); BROWN V. DEP’T OF COMMERCE, 184 Wn.2d 509, 514, 359 P .3d 771 (2015); BAIN V. METRO. MORTG. GRP., INC.. 175 Wn.2d 83, 104, 285 P.3d 34 (2012); TRUIILLOV. NW. TR. SERVS., INC., 181 Wn. App. 484, 502, 326 P.3d 768 (2014), rev’d on other grounds, 183 Wn.2d 820, 355 P.3d 1100 (2015); (“Ownership of a note is irrelevant to the power to enforce that note.”); U.S. BANK, N.A. V. KNIGHT, 90 So. 3d 824 (Fla. 4th DCA 2012) (“to have standing, an owner OR holder of a note, indorsed in blank, need only show that he possessed the note at the institution of a foreclosure suit; the mortgage necessarily and equitable follows the note.”)
For years Mortgage Fraud Examiners has been warning the public about these stall attorneys ripping off homeowners. Finally, the evidence is coming to light.
Foreclosure defense attorney outs chain of title auditor, Mortgage Compliance Investigators, Joseph Esquivel. “I bumped into this con artist back in 2013 and wrote the attached article about his con game… in case you want to see how totally looney the guy is”: https://docs.google.com/viewer?a=v&pid=forums&srcid=MDYwMDAzOTAyMzU3OTcyMzc4MzgBMDYyODYyNjc3NDQyNTA2MDEyOTgBZ1kwRkdvMUJCQUFKATAuMS4xAQF2Mg
It was founded by Ed Vallejo, an alleged pedophile, https://www.facebook.com/…/alert-danger-in…/873731129371575/ and is inundated with forensic/chain of title/securitization audit scammers, the disgraced and disbarred “stall” attorney Mark Stopa, other nitwits, and “useful idiots” who parrot wild claims and nonsense.
Any distressed homeowner that listens to or follows any of the nonsensical advice these losers propagate are guaranteed to lose their home. Unfortunately, many already have!
Mortgage Fraud Examiners has correctly proven for years that foreclosures are breach of contract cases, and the homeowner has to attack the mortgage contract to save their homes. This is why scammer, “stall” atty. Mark Stopa’s clients, thousands of them, lost their homes to foreclosure, because he’s clueless and didn’t understand this very basic principle. The attorneys, that use this principle win their cases, and therefore don’t blame the courts for their losses like Stopa, because they don’t have any.
Here’s more proof evidence foreclosures are breach of contract cases: https://www.bakerdonelson.com/files/Litigation-Tools-in-a-Foreclosure-Action.pdf.
If you want to save your home the ONLY strategy that works is attacking the contract: http://www.releasewire.com/press-releases/homeowners-receiving-multimillion-dollar-awards-attacking-banks-using-the-loan-contract-678710.htm