We have developed litigation strategies that goes beyond the loan modification and produce the note defense in state court actions that has been shut down in civil courts that refuse to grant temporary restraining orders.

Many courts use the terms of standing and real party in interest interchangeably because the two concepts are closely related, but they do have distinct requirements. The real party in interest question is really the prudential component of the overall standing analysis, while injury-in-fact is a constitutional requirement. 

A nominee or agent must prove both (1) that it is an agent with the authority to act o n behalf of the principal and (2) that the principal has both constitutional standing and Prudential standing. However, even if a party has standing, the agent must prosecute the action in the name of the real party in interest and not in its own name.

Prudential requirements also require that a party bringing a motion be the real party in interest.. Rule 17 of the Federal Rules of Civil Procedure requires an action must be prosecuted in the name of the real party in interest. The purpose is to ensure the party bringing forth the action is the party who “possess the substantive right being asserted under the applicable law. This reflects the fact that the federal judiciary also adheres to certain prudential principles concerning standing. The real party in interest inquiry is one of the prudential considerations the judiciary self-imposes to limit the role of courts in democratic society.

The discussions in this site illustrate potential standing and real party in interest issues arising in bankruptcy proceedings. While the Mortgage Electronic Registration Systems (MERS) promised to streamline mortgage transactions and cut costs, this service often results in a series of unrecorded transfers or transfers to parties outside the servicers system that can complicate knowing how a note traveled through the system and whether a party really has standing to see foreclosure.

The use of adversary proceedings in bankruptcy forum or federal district court litigation against loan servicers is our the main focus on protecting your home from fraudulent  foreclosure.  Our analyst works with attorneys that use this same
“produce the note”concept in bankruptcy & federal district court litigation.
FINDING THE EVIDENCE
To challenge a loan servicer’s standing and to make them prove they are real party in interest you must first obtain a securitization research report to prove the pretender lender is NOT the real party in interest and does not have proper written authority to foreclose on your home or file motion for relief action or a proof of claim or to bring a action on behalf of the real party in interest. You MUST have the evidence to support your claim in a lawsuit. This is something that most people don’t understand. This is where the biggest hang up is right now. Once the case get into discovery the lid will be blown off and we’ll find a lot of missing pieces. The banks will fight hard to stay our of litigation because they wont be able to hide anything.  For the most part, they’ll have to produce a lot of things they don’t want to produce. 

Finding evidence outside of litigation is the next generation of research for serious securitization auditors. Investigating has always been part of litigation. I spend a lot of time digging for information and evidence these days. I am astonished by the information that I find. 
The “produce the note” is a catchy phrase for a very complex legal strategy. The production of the original note is not always the key. It is the lack of the ownership of the note and the mortgage deed of trust that is the key and securitized trusts and their agents and nominees (MERS).  Since ownership is the key to making a claim, these complications cause foreclosing party or claiming party to show true and legal ownership!. The problem for them is they just can’t prove ownership.

A securitized trust cannot take ownership of a loan through equity. The Pooling & Servicing Agreement is the only rule of the road for securitized trusts.

Given what we know about the securitization process, I think we already know what’s happened.  While investigation securitized loans through I find that most loans were not properly transferred into the pools. But in the meantime, where do we get the evidence outside of litigation to support this conclusion?. A securitization investigation is the key.  The Pooling & Servicing Agreement may be the key to killing your foreclosure.
Is the securitization investigation information still relevant if the loan was not properly conveyed into the trust?. 

If you are able to verify that the loan is actually in the pool, what does that mean?   Not much, especially if it wasn’t properly conveyed. Just because someone says they own something doesn’t mean they have the evidence that they own it. Without a clear chain of assignment, a pool’s claim that they own something is just a claim and any foreclosure would be foreclosure fraud.
The bottom line is that all you as a borrower really need to know about securitization is that it created one big mess. It’s going to take investigation to uncover evidence to support your lawsuit and any attorney who takes your case without proof that your loan is not owned by the foreclosing party is not an attorney you would want to retain. The evidence to support your case is the key to winning your case against pretender lenders.

A mortgage audit is still a powerful tool when developing a legal strategy and every foreclosure defense lawyer should have a relationship with a good legal researcher and legal analyst.  
Our Bankruptcy Analyst has securitization research investigative skills and will not leave the Edgar database system until she finds you Pooling Trust and PSA that is the key to killing your foreclosure. If your loan was not securitized we will issue 50% refund of investigative fees paid if we can not find the evidence you will need to prove your claim.

Finding a lawyer that knows this strategy is like finding a needle in a hay stack. Finding the PSA is like finding a needle in a hay stack. This why we have created this website to provide access to attorneys, legal researchers, bankruptcy analyst and to the evidence you will need to properly present your case and to the finding the PSA where you can connect with attorneys that “get it”                    
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