Friday, October 10, 2014

THE BORROWER "IS" A PARTY TO THE SECURITIZATION. (DOES THAT MEAN UNDER LENDER LIABILITY YOU CAN ADD THE VIOLATION OF THE FEDERAL SECURITIES ACT AS A CAUSE OF ACTION IN YOUR STATE? ASK YOUR LAWYER!)

Borrowing Under a Securitization Structure
Borrowing Under a Securitization Structure (Photo credit: Wikipedia)

RESEARCH: This squarely disprove and nullify the holdings of various courts around the country which have taken the position that the borrower “is not a party to” the securitization

9DEC
From: Charles Cox [mailto:charles@bayliving.com]
Sent: Tuesday, November 12, 2013 9:33 AM
To: Charles Cox
Subject: RESEARCH: This squarely disprove and nullify the holdings of various courts around the country which have taken the position that the borrower “is not a party to” the securitization
US BANK ADMITS THE BORROWER IS A PARTY TO AN MBS TRANSACTION
Jeff Barnes, Esq. wrote: "We have been provided with a copy of U.S. Bank Global Corporate Trust Services’ “Role of the Corporate Trustee” brochure which makes certain incredible admissions, several of which squarely disprove and nullify the holdings of various courts around the country which have taken the position that the borrower “is not a party to” the securitization and is thus not entitled to discovery or challenges to the mortgage loan transfer process." The second page sets forth that U.S. Bank, as Trustee, “does not have any discretion or authority in the foreclosure process.” If this is true, how can U.S. Bank as Trustee be the Plaintiff in judicial foreclosures or the foreclosing party in non-judicial foreclosures if it has “no authority in the foreclosure process”?
http://foreclosuredefensenationwide.com/?p=533
Actual source of brochure: https://www.usbank.com/pdf/community/Role-of-Trustee-Sept2013.pdf (and attached).

1 comment:

  1. Many homeowners are becoming more aware of the defense to foreclosure that has come to be known as the "produce the note" strategy. This involves challenging the foreclosing lender or servicing company on its legal right to sue.
    For more information visit- securitization lawsuit

    ReplyDelete

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