With respect to the message from Lee, way below, John Stuart is full of baloney and so is N.W. Raja the so called mortgage forensic auditor. Please forward this reply to your mailing list. I write to set the below issue straight for the readers misled by the Stuart (show-me-the-loan) and Raja (securitization audit) BULLSHOUTS. This has to do with the 2011 Virginia Eastern USDC case of Jeffrey Brown v HSBC, for which Raja prepared a long-winded forensic exam (securitization audit).
- The so called forensic audit report is full of meaningless history and conjecture and legal conclusions and contains not a single salient, demonstrable fact in support of the conclusions. Therefore it is worthless, and Jeffrey Brown wasted his money on it.
- In the memorandum opinion
- the court dismissed the counts 1 and 2 for fraud because the complaint did not contain the proper elements for that cause of action.
- the court dismissed count 3 and chided the plaintiff for his “show me the note” nonsense because Virginia’s non-judicial foreclosure procedure does not require a show of the note.
- the court denounced the securitization argument on the basis that nothing related to it made the note unenforceable, and because it had nothing to do with the plaintiff’s failure to make payments. And the court cited two cases in support of that view.
- The court dismissed the RICO claim Count 4 for failure to state a claim of fraud, or that any RICO violation injured the plaintiff.
- The Court dismissed count 5 (TILA rescission, RESPA, FDCPA) for failing to show the will and allege the ability to repay the lender the amount of the loan, and RESPA statute of limitations had tolled, the plaintiff’s conclusory allegations about FDCPA violations lacked factual support, etc.
- The court dismissed count 6 (slander of title) for failure to state a claim, and denounced the diatribe against mortgage backed securities and the mortgage industry (neither are illegal).
- The court dismissed count 7 (unjust enrichment) as just more whining about the mortgage industry, and because it provided no legal basis for relief.
- The court dismissed count 8 (civil conspiracy) for failure to state a colorable claim
- The court dismissed count 9 (breach of fiduciary duty), a bogus legal conclusion, for failure to state a claim.
- For all of the above reasons, the court denied the request for declaratory judgment AND dismissed the whole case, counts 1-3 and 6 with prejudice, and warned plaintiff not to file any more frivolous complaints or suffer sanctions under Rule 11.
Here are the relevant case documents:
- Docket report – http://ia600503.us.archive.org/29/items/gov.uscourts.vaed.261118/gov.uscourts.vaed.261118.docket.html
- Loan Document – http://ia600503.us.archive.org/29/items/gov.uscourts.vaed.261118/gov.uscourts.vaed.261118.1.3.pdf
- Deed of Trust – http://ia600503.us.archive.org/29/items/gov.uscourts.vaed.261118/gov.uscourts.vaed.261118.1.4.pdf
- Memorandum Opinion – http://ia600503.us.archive.org/29/items/gov.uscourts.vaed.261118/gov.uscourts.vaed.261118.73.0.pdf
- Order of dismissal of 4 counts with prejudice, and sanction warning – http://ia600503.us.archive.org/29/items/gov.uscourts.vaed.261118/gov.uscourts.vaed.261118.76.0.pdf
Bottom line, Brown got his bottom torn up in federal court because of
- The incompetence of his legal adviser (John Stuart, I presume?),
- Reliance on a worthless securitization audit (a roll of T.P. would have more value) to save the day, and
- A TERRIBLE litigation strategy.
The mortgagor never became a party to assignment or securitization of the note, and has no standing to dispute or enforce either in court, in spite of 2 or 3 anomalous court opinions to the contrary.
REMEMBER, all who read this, ONLY ONE METHODOLOGY stands a chance of beating the bank in a foreclosure mess – MORTGAGE ATTACK:
- Get a comprehensive mortgage examination by a competent professional, and
- Use the resulting evidence to negotiate a settlement or
- Sue for the torts, breaches, and legal errors underlying the mortgage itself.
You cannot successfully defend against foreclosure of a valid mortgage which the mortgagor BREACHED. Your best and only viable defense lies in MORTGAGE ATTACK with proof in hand that the mortgage lacks validity. Here’s the best example of such an attack that I know of:
- Brown v Quicken Loans, West Virginia
For full details on the principles of Mortgage Attack, see http://mortgageattack.com. NO, I don’t sell anything. I’m just a mortgage attack evangelist.