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Sunday –  July 30

Foreclosure Workshop #38: Guliex v. PennyMac Holdings LLC — Borrowers Beware of Ten Deceptions Pretender Lenders Use To Prove “Standing-at-Inception” in Court
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On recent broadcasts, we have reviewed recent judicial decisions requiring foreclosing plaintiffs to prove ownership of the promissory note at the time a foreclosure complaint is filed.

Not surprisingly, pretender lenders and their counsel have responded with various dishonest strategies for getting around the “standing-at-inception” rule.

On today’s show we will caution borrowers (and judges alike) regarding ten such deceptions and how foreclosure defendants can counter them, including a foreclosing plaintiff’s use of:

1. “judicial notice,” as in Guliex;
2. an attorney’s declaration claiming early possession of the note;
3. a “verified complaint”;
4. a servicer’s “declaration of indebtedness”;
5. an “attorney’s affirmation”;
6. a combined “mortgage and note assignment”;
7. an “assignment in bulk”;
8. a “merger”;
9. a “lost note affidavit”; and
10. photoshopping.

In conclusion, on today’s show, once again thinking beyond the Rule Ritual, we will suggest one additional, potentially foolproof documentary test courts should use to prove “standing-at-inception”: “ownership by money” (in other words, “follow the money”)!
Listen live or on the past broadcast section of our website at www.foreclosurehour.com when this Sunday’s show is posted for the answers, only available on The Foreclosure Hour.

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