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Foreclosure Defense Florida

The Banks Can’t Count…

Every single day we receive more and more evidence of the banks and their wrongdoing.   I long ago gave up on any government official to do anything about it and I never had any faith that any of the banks or the industry could self police   I had faith that our courts would do something, anything about it all, but that was a naive fantasy.   It would be nice if the big class action attorneys could do the job, but it seems that’s just too unwieldy.

The only glimmer of hope is the individual attorneys who are out there in the trenches, battling by hand every single day.   I have some measure of success, and many of the good attorneys I know do as well, but the time it takes to hand-craft the responses and attacks, the preparation that goes into every single hearing and every single draft is obscenely inefficient and costly.   It shouldn’t take that much time…especially now after all these years of documenting the abuses and educating the judges…but it does.   It’s a bit like groundhog day…..every single day you walk into a courtroom, it feels like you’ve got to re-invent and start from ground zero all over again.

Along the lines of this discussion, I wanted to share the f0llowing from Nye Lavalle:

I reduced the banking industry’s scams and abuses into three primary areas or categories OVER 12 YEARS AGO!!!!.  The  three (3) major issues I have informed you all of are as follows:

#1 BANKS CAN’T COUNT and the amounts they claim are owed for payoff, principal balance, escrow, payments due etc… can NEVER be trusted or accepted without a complete audit of the servicing history from origination to specific date (i.e. acceleration, payoff, foreclosure, bankruptcy etc…)  I have informed all of you that the “computer systems” used can’t compute and once a so-called “mistake” is made (i.e. programmed financial engineering scheme) the system can’t go back and adjust the system and amortize the loan correctly.  Affiants, as I have said over and over again in countless affidavits and reports, simply take numbers off a computer screen (garbage in – – garbage out) that is usually a third-party system and the affiant has NO INDEPENDENT OR RELEVANT KNOWLEDGE as to the facts of the amount and how those amounts were arrived at.  With my scripted depo questions, time-and-time again, affiants never audit or simply conduct a “sample check” of the entire “servicing history” from origination to present date, to ascertain any errors, miscalculations, misapplications, wrongful charges, etc…  The lawyers (foreclosure mills) prepare the affidavits and check the payments.  As the EMC executive told me in mid 90s “you must sue the lawyers, they are ALL in on it!”
#2 BANKS CAN’T ACCOUNT for the chain of title and ownership of the note and who has authority to foreclose, accelerate, modify, approve assumptions etc…  In other words, they can’t account for the actual note holder and how such status was established and if the note has been pledged, sold to others, hypothecated, traded, transferred etc…  Affiants, as I have said over and over again in countless affidavits and reports, simply take the information off a computer screen (garbage in – – garbage out) that is usually a third-party system and the affiant has NO INDEPENDENT OR RELEVANT KNOWLEDGE as to the facts of note ownership and they have not reviewed the PSA, necessary assignments, wet ink original notes, indorsements, authorities for the indoresements, checks and wire transmittals, collateral and custodial records and other evidence that the actual holder took possession, control, and ownership of the note.  They simply take the information from the last public recording and go with that ignoring all the intermediary assignments.  This has been going on for decades now.  Again, the lawyers (foreclosure mills) prepare the affidavits and check the title history and often charge a fee for the “title search” that isn’t worth the paper it is written on.  As the EMC executive told me in mid 90s “you must sue the lawyers, they are ALL in on it!”
#3 WHEN CAUGHT WITH THEIR HAND IN THE COOKIE JAR (i.e. cooking the books jar) the banks and their lawyers will fabricate evidence, documents, provide perjured testimony, create false affidavits, destroy documents and claim its a gummy bear jar, not a cookie jar.  In essence, NOTHING, ABSOLUTELY NOTHING A BANK, LENDER, SERVICER, OR THEIR LAWYERS place in pleadings, affidavits, summary judgment motions, assignments, indorsements, deposition testimony etc… CAN NEVER BE ACCEPTED AS TRUE OR AS FACT without a complete forensic review, audit, and examination of all wet ink docs, records, financial accountings etc… that PROVE EACH AND EVERY ALLEGATION AND FACT IN A PLEADING, AFFIDAVIT, OR TESTIMONY.
The bottom-line here is that lawyers must QUESTION EVERYTHING AND CHALLENGE EVERYTHING.  If not, you may be mal-practicing knowing everything you know now.  Money MUST be spent in depositions to make them prove up their cases (they can’t) and e-discovery is and will be critical since they will continue to fabricate evidence and testimony.