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“PROVE THE DEBT” defense tactics

*Disclaimer: This article is for entertainment, it is not intended to be legal advice, consult an attorney.

Instead of using the popular “Produce the Note” defense, homeowners should be championing a “Prove the Debt” defense. The Note is just one part of enforcement of a mortgage security instrument. Many attorneys for Pretender Lenders will try to claim to possess the Note endorsed in blank and then Claim to Hold Bearer paper. Bearer paper can be properly held by “possession alone” and if not challenged, a Judge will likely allow such a claim. However, there are many factors to challenge: 1. How did it come to the possession of Plaintiff? Ask for notaries and certifications. 2. ALWAYS DEMAND A POWER OF ATTORNEY. Nothing is REAL without a Power of Attorney. 3. Assignments and a chain of title are a right under Due Process. If there is a flaw in the Chain of Title then there is a MAJOR PROBLEM as seen in recent Mass. cases. DO NOT ACCEPT ASSIGNMENTS for face value. There is common language on the face of most “Mortgage Assignments” that claim NO Representation. ANY MORTGAGE ASSIGNMENT WITHOUT A POWER OF ATTORNEY IS A NULLITY. (Tawil v. Finkelstein Bruckman Wohl & Rothman, 223AD2d, 52,53 [1d Dept 1996] See also Judge Shack of NY 4. Challenge ALL Agents and their authority. No endorsement that is in Blank and without certification or notary witness and POA should be acceptable. 5. Do not allow the Plaintiff’s Counsel to REPRESENT the Plaintiff without a Power of Attorney. Until this is established, they are just an average Joe off the street. Treat them as such. A Promissory Note cannot be passed around “like a whiskey bottle at a Frat party” even indorsed in Blank, without proper consideration paid, and proof that a Mortgage assumption and debt was transfered.

We all know that over 90% of mortgages were securitized and the Notes are all likely in possession of a Document Custodian and NOT IN THE POSSESSION of the Plaintiff Pretender Lender Attorney. Yet, they will lie to the Court and provide “true copies” to the Court and purport they are good as gold. OBJECTION!

A copy is a copy, and without all proper evidence, NOT HEARSAY, but actual evidence from a competent fact witness, these documents are not valid PROOF that you have defaulted, that the Plaintiff is the Real Party in Interest, Fact: at least one another entity has title to your Mortgage and/or Note, unless your mortgage was originated by a local bank.

However, if you come in day 1(or show up on your Court date without previous submitted pleadings) and try to explain this complicated banking scheme to a veteran Judge…he will simply dismiss it. BUT if you carefully craft your pleadings and request very strong discovery in the form of Interogatories and Admissions and ask for Job history affidavits……THE PRETENDER WILL IGNORE these requests. This is their admission to the Court by their own acquiescence to the FACTS, that they are presenting a Fraud on the Court. Give the Pretender enough rope to hang themselves. There is No Silver bullet ….but there is a lot of rope.