April 1, 2011
Borrowers who attempt to challenge a foreclosure with the “Demand For Presentment” are making themselves into April Fools. This nonsensical, illegal, and phony “technique” has been universally rejected by courts across the nation and has absolutely no basis in either statutory or decisional law to legally challenge a foreclosure. We continue to be bombarded with horror stories of borrowers who have had their hind quarters handed to them by Judges who are presented with the “Demand”.
The problem is that there is so much malarky out there on the internet, much of it being perpetrated by non-lawyers, which desperate borrowers are latching on to and then losing their homes, or wind up having to come to attorneys begging the attorney to try to find a way out of the morass after the case has already been poisoned. The same goes for such arguments as “the bank did not lend me money”, or “the bank was not a bank”, and the like.
Which leads then to the loan and trust investigation scammers. We have been advised of a man who is holding himself out as a loan and trust “investigator” who is not an attorney; who has not had any formal training in loan or trust investigations; who tells people certain trusts do not exist when in fact they do; who is charging thousands of dollars for simply reprinting pages upon pages of information in his “report” which information he downloaded from the SEC public website; and who has been pirating the work of others and calling it his own.
The moral here is to be cautious and to “investigate the investigator”, as this latest cottage industry is riddled with scammers, smiliar to the “loan mod” scams of recent years before they were shut down by various Attorneys General.
Our loan and trust investigator is highly trained and has stood the test of time as to her work in cases across the United States. It took us awhile to find her, but we are glad we did.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com