FLOWCHART OF RECOMMENDED SERVICES
At Lending Lies we routinely speak to people who have been litigating a foreclosure issue for years and still don’t know the basic facts of their case. On average, an attorney will assess the merits of your case in less than two minutes. If you can get his or her attention immediately you have a much better chance of the attorney agreeing to represent you. The attorney, like the court, wants hard evidence that substantiates your claims. The attorney will also appreciate a client who is focused, organized and doesn’t go off on tangents that waste valuable time.
Don’t wait to start building your case until after you retain an attorney. The TERA in fact often helps in obtaining a knowledgeable attorney and enables him to assess your case quickly.
TERA conducts your due-diligence on the entities claiming to own your debt; research who and when they obtained the purported rights; investigate the parties and entities on your documents including the signers and the existence of the alleged trust and whether those parties are licensed to conduct business in your state.
If you keep digging- you are likely than to reveal issues that challenge the named foreclosing party's right to foreclose and undermine the servicer's claim of authority to act.
The services discussed in the order below
will most certainly assist you with same:
TERA; CONSULT; QWR; DVL; AG; CFBP Complaint; and CASE ANALYSIS. But not all cases are the same and the order in which our services are ordered is frequently changed by the client or their attorney.
Before contacting an attorney to defend against foreclosure, you should have the information and analysis that is contained in the following items in the order discussed below:
We recommend that every homeowner facing foreclosure start with a thorough analysis of the Chain of Title documents, signatures and entities that show up on those documents - Title Encumbrance Report & Analysis (TERA). This is usually a prerequisite for our other services, in addition to the Registration Form shown above. Submission of the registration form is free and the data will not be shared, sold or licensed to any third party. The information will only be used to guide us in providing services you have ordered.
For example, does an assignment of mortgage (or Deed of trust) show execution by an entity that was not in business? Was the assignment was signed by a known robosigner? The lawyers for the foreclosing party already know what they did fraudulently and how to cover their tracks before they set foot in court. Shouldn’t you have some idea of where fraud might exist? By knowing information about the entities claiming ownership of your loan and their weaknesses you have more leverage from the onset --- and traction in the courtroom
The Lending Lies team can conduct an affordable Chain of Title assessment - Title Encumbrance Report & Analysis (TERA) - to determine any breaks in title, robosigning, and ownership issues that cloud title. To date, the Lending Lies team has never found one Chain of Title without significant issues clouding title and evidence that ownership is in question.
The purpose of the TERA is to present a report to a
lawyer or judge supporting the facts upon which your defense narrative or claims are based. It serves as a blueprint for your
confrontation with a party who is not the actual creditor, lender or even the
servicer on the Deed of Trust/Mortgage.
The TERA is used:
- To create your defense narrative and strategy
- To support demands for discovery in court;
- As a checklist for discovery;
- As a checklist for a case specific Qualified Written Request and Debt Validation Letter;
- As a checklist for your complaint or answer.
The TERA factual report does the following:
- Reveals the title record
- Reveals inconsistencies in the title chain in recorded documents, unrecorded documents, and in the signature blocks.
- Reveals absences in recorded documents, unrecorded documents, and in the signature blocks.
The TERA factual report does not do the following:
- Engage in legal argument.
- Opine that something is fraudulent, forged or fabricated.
- Define legal terms like "standing."
- Gain important info about your mortgage and your account used to protect your home, settle your account, or otherwise advocate for your best interest in or out of court;
- Identify and get more clarification on servicer violations and learn other key details used to either get caught up on your mortgage or point out why the mortgagor has no right to pursue foreclosure against your home;
- Force the servicer to reveal information about your account that you might not have had access to before being notified of the foreclosure
- Gain important info when account includes wrong or fraudulent information, record of payment mistakes, and servicer violations.
A Debt Validation Letter doesn’t just establish whether you owe the debt, but to whom you owe it and how much. Many debt collection law firms will add fees and interest to the debts they collect, and send letters with unfamiliar amounts. Your validation letter will force them to account for all the money they are demanding and show how they arrived at the new figure. Law firms may try not to include these calculations because they don’t want you to see how much they are adding to the debt in legal fees.
The problem in all of this for debt collectors is that they often
don’t have the original contracts and paperwork they need to validate a
debt. If the debt has changed hands many times, it’s especially unlikely
they will be able to comply with a validation letter. They must respond to the validation letter before they can obtain a
legal judgment; using the court discovery process to get the
documentation they need to validate a debt will not satisfy the legal
requirements of the FDCPA.
The more information you can receive about your account, the more apt they are to make errors and provide conflicting information that can help you demonstrate the foreclosing party's lack of standing. Many homeowners who send a Debt Validation Letter will often not receive the information requested but on occasion receive information that raises further issues.
Now that your Title Encumbrance Report & Analysis (TERA), QWR and DVL is complete, the next action you should take is to send a Complaint to your State’s Attorney General (AG) and the Consumer Financial Protection Bureau (CFBP) siting to questions that the recipient(s) of your QWR and DVL fail to adequately reply as well as answers that conflict with other information from the same source which will likely be investigated by the AG and CFBP requiring the investigated party(ies) to respond. The response will often times contain conflicting and inconsistent statements that may serve as additional evidence of a pending or post wrongful foreclosure action.
It is critical that the narrative of these Complaints do not unintentionally admit to something against your interest thus requiring the homeowner to seek out competent advice from people like the LendingLies Team who do proper
investigation, research and have essential understanding of the process
known as "securitization", the role of derivatives, and the law and
practice as it relates to mortgages, deeds of trust, promissory notes, the
investment banking industry and the lending industry.