(BREAKING NEWS) — The author of this post is a paralegal, investigative journalist and radio talk show host and thus, the viewpoints in this post should not be construed as the rendering of legal advice nor guaranteeing a positive outcome in your particular case.
Score a move forward for Miami-Dade foreclosure defense lawyer Bruce Jacobs.
An Ackerman foreclosure mill attorney and his clients are in hot water with Miami-Dade Circuit Court Judge Beatrice Butchko (you can read the article here):
The exhibits spoken of in the article can be found here:
To add to the previous article posted on this blog about REMICs … certain amounts of them, which appear to hold true in this case, were settled with investors for a sum certain; thus, the question remains: How were the investors harmed financially if they settled with the REMIC’s servicer?
What’s worse, the attorney for the Master Servicer lied to the Court and got caught. Here, we have a reasonable judge that has seen phony document after phony document come before her Court as part of an exhibit pool, only to have the bank’s attorney attempt to squelch the truth by misrepresenting the true nature of who the plaintiff is and how they were harmed.
The bigger picture here is that the mortgage loan in question is secured by a contract and that the borrowers never agreed to make their contract part of a bigger picture in the world of secondary market financing. Or did they? We don’t know because the foreclosure defense world of attorneys hasn’t gotten to approach that aspect yet. If they did, it went unnoticed by the judge because the banks’ lawyers tied up the testimony in knots and simply labeled the borrowers as deadbeats.
When facts don’t work, use emotional tactics and piss off the judge.
In this case, none of those strategies appears to have worked. Instead, the facts of the case bear out the following:
- There appears to have been phony documentation submitted to the Court;
- The Court appears to have taken full notice of it;
- A forensic examiner provided enough worded evidence to show that the bank’s attorney lied and the clients perjured themselves in their evidentiary testimony; and
- The judge set a show-cause hearing to determine whether or not they all should be punished.
As this author has intimated all along, the land records don’t lie, which is why the C & E is important!
If homeowners would pay enough attention to the land records when they get notifications from their mortgage loan servicers that there was a change in servicers on their loan, they would see servicer-manufactured documents that have absolutely nothing to do with the real lender in interest and they could attack in advance, rather than sit on their laurels and wait out the inevitable foreclosure attempt by the servicer. This is where American homeowners can strike back. It’s not the easy way out either; however, as evidenced here, a little prudence not only goes a long way, it has vindicated this author’s research which is constantly being used against him by homeowners and their attorneys all over America.
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