How to Attack Facial Validity of Documents Used in Foreclosures

I'm revealing tonight the specific structural analysis I use and which the LivingLies team uses under my direction to analyze the facial validity of documents that are being used to initiate fraudulent, yet legally effective foreclosures and sales of property. If you don’t challenge it the foreclosure becomes legal, valid and enforceable in unlawful detainer or eviction. 

The basic premise of all foreclosures is that foreclosure is necessary and legal to compensate and protect a party who is losing money because a borrower-homeowner is not paying their legal debt to the party that owns that debt. They must assert the position that they are losing money because they loaned money or bought the debt. One of those two things must be true. 

By attacking facial validity of documents you are starting at the beginning. You are attacking the foreclosure complaint, or the notices of substitution, default and sale. Properly done it removes all of the protective gear worn by your opposition and forces them to prove facts that don't exist. That is how homeowners have won thousands of cases. 

Article 9 UCC §203 requires payment of value as a condition precedent to enforcement of a mortgage or deed of trust. Remember this is to be distinguished from Article 3 which enables a non-owner of the debt to enforce the note and get a money judgment against the maker of the note. That's different than a foreclosure judgment.

Most lawyers and judges forget that the UCC is not some theoretical treatise on commercial paper. It is law. It isn’t just common law, it is statutory law adopted in all US jurisdictions. 

Facial analysis of documents is critical to success in court.