My law practice is devoted to helping home owners overcome foreclosure. I have formulated a litigation strategy to help people with mortgages or deeds of trust from 2001 to 2008. These mortgages were packaged and sold as mortgage-backed securities. In the media, these are referred to as securitization transactions.
If your recorded documents reveal the securitization transaction, I can do the retrieval and assembly of exhibits from these
filings myself and this is included in my fee. If this transaction is not identified in your recorded documents, then I am
recommending that you hire an outside firm such as MBS Analytics [Lane Houk] to find this securitization transaction. He is
an expert in this area and his fee for just locating this transaction is much more reasonable than the service offered through
the Living Lies website.
My litigation strategy begins by retrieving evidence from the securitization documents. These self-authenticating
documents enable me to prove that neither the Trustee Bank, nor Mortgage Electronic Registration Systems (also known as MERS)
nor the mortgage-servicer are entitled to bring a foreclosure action. The obstacle that I put in their path is not superficial.
It is not a problem associated with robosigning that can be readily corrected. Overcoming my obstacle runs deeper than records.
This obstacle requires bringing a new party into the foreclosure action, the investors.
My strategy is launched with a Quiet Title lawsuit. Quiet Title is a label for a statute that can be found in every state code.
In the first century of this country’s existence, land was the basis for most wealth. When surveys were measured by a person’s
stride and landmarks consisted of a tree or an unusual rock, boundary disputes were common. The Quiet Title statute was created
to resolve boundary disputes and conflicting ownership claims. Fast forwarding to the 21st century, modern technology has
reinvented and reinvigorated the Quiet Title lawsuit. Today, disputes over boundaries are few and diminishing thanks to the
Global Positioning System. Ownership disputes are another matter. These are destined to increase in the years ahead.
To appreciate the power of a Quiet Title lawsuit, it is necessary to understand another fundamental legal term called Standing.
Before a court can exercise its authority, the parties bringing the law suit must have a real stake in the proceeding. For
a foreclosure complaint, this means that the party must own the Note and be entitled to enforce its terms. Ownership of the
Note gives a party standing to bring this lawsuit. Foreclosure lawsuits involving securitized mortgages are being brought by
parties that do not own the Note. A Quiet Title statute attacks this ownership claim. In the process of proving that they
are not the Note owner, you are also proving that the court does not have authority to hear this case.
If a trustee sale has taken place in a non-judicial state or if a sheriff’s sale has occurred in a foreclosure state, the home
owner cannot file a quiet title complaint. Before a home owner can file a quiet title lawsuit, they must have an interest in the
title. A trustee sale and sheriff’s sale extinguish this interest. But a quiet title action can be file just before these events.
In every instance, my quiet title lawsuit has halted the trustee or sheriff’s sale. I recommend filing this lawsuit a week before
these sales, allowing time for the complaint to be served.
I am licensed to practice law in Ohio and the District of Columbia. I am also admitted to practice in eight U.S. District
Courts for Northern and Southern Ohio, Central Illinois, Western Pennsylvania, Maryland, the District of Columbia, Eastern
and Western Texas. [Please see page titled Attorney Profile]
My office number is 330 478 1947. I am on Eastern Standard Time.
Knowledgeable clients that have been following websites such as Living Lies and Foreclosure Hamlet are welcome. Working
relationships with attorneys from other states are also welcome.