We have developed litigation strategies that goes beyond the loan modification and produce the note state court defenses that has been shut down in state civil courts that refuse to grant temporary restraining orders.
We do not believe in presenting foreclosure defense litigation in State courts, and have not found these to be very effective when it comes to requesting temporary restraining orders and in the state of California there is no law that requires lenders to prove anything in order to foreclose on your home. First, the state court judges do not want to learn securities law and have no clue about mortgage backed securitization. Securitization falls under the Federal Securities Laws. Federal and Bankruptcy Court judges are knowledgeable in securities, taxation, securitization and real party in interest litigation and are more willing to hear your arguments.
The use of bankruptcy adversary proceedings against loan servicers has been the main focus on protecting your home from fraudulent foreclosure and claims against your property. Our analyst works with attorneys that use this same “produce the note” concept in bankruptcy court litigation.
FINDING THE EVIDENCE
To challenge a loan servicer’s standing in a bankruptcy court and to make them prove they are the real party in interest you must obtain the (PSA) Pooling & Servicing Agreement.
It is the process of identifying and retrieving information that is necessary to support legal decision making. In it’s broad sense, legal research includes each step of a course of action that begins with an analysis of the facts of the problem and concludes with the application and communication of the results of the investigation. The purpose of legal research is to find “authority” that will aid in finding a solution to a problem. Primary authorities are the rules of laws.