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If your loan has been securitized you are looking for either confirmation that what the servicer told you was true, or that the servicer is lying about it. Wells Fargo is fond of denying securitization but when you apply for the modification they tell you that the investor denied it. Then they put “Pooling and Servicing Agreement” on their list of Exhibits, thus removing any doubt that the loan was subject to claims of securitization but not telling you the name of the trust or anything else.
Our combo title and securitization report gives you the most information we can find on public record PLUS our proprietary database. It lays out a road map for discovery, motions for summary judgment and trial. It is might be admissible in evidence (usually it is accepted into evidence) but without an expert stating the conclusions reached and why — in a clear and convincing manner — the judge will go to sleep and you won’t make your points.
No forensic audit is a substitute for discovery, motions to compel discovery and aggressive litigation of the issues. For the same reasons that the Banks should lose, YOU need a competent witness who can testify as tot he work done, what was found and authenticating the study and the report. THEN having an expert declaration along with the willingness of the expert to appear at deposition or trial will have its greatest impact.
The problem I am seeing out there is lawyers and pro se litigants are trying to take short cuts that don’t exist in civil procedure or substantive law. The judge has no choice but to find in favor of the bank. You can’t do some of the work and expect the judge to take it the rest of the way. But you can raise doubts in the the mind of the Judge as to whether the right party is actually doing the foreclosing or has any substantive rights at all.
If Wells Fargo is the Plaintiff and they have not filed on behalf of the actual creditor, it is because neither the trust (which was unfunded) nor the investors have any clear claim against you and especially means that the mortgage encumbrance is at least clouded if not defective. Entry of Judgement for Wells Fargo in such a case would transfer the collateral and the claim from the principal (investors) to the agent. This would enable the agent (who probably only has apparent authority because the PSA terms were not followed) to submit a credit bid, take the property and screw both the investor and the homeowner.
The combo title and securitization report is a first step toward making your case and setting it up properly for appeal if the Judge is intent on “moving the case along” by allowing the foreclosure. It raises the issue as to whether the secured loan described in the “loan documents” was paid or extinguished at origination or in transfer. It puts the Judge on notice that the claims of the forecloser do not follow the actual transaction path and that the forecloser is interfering with your ability to mediate, modify or settle the claims with the real party in interest.