Who Has The Burden of Proof?

Look, if you are planning to sue someone and you accuse them of some wrong doing, you better have
proof. The person doing the accusing (the Plaintiff) has the burden of proof.

Before you can go to court, you must have some sort of grievance that you are seeking relief on. For
example, if you had a contract and the other person broke that contract causing you to suffer as a result of that
breach. This is called a Cause of Action. In other words, why are you suing this guy? What wrong did he do
to you? You must have a valid reason to bring your suit.

There are a number of different causes of action you can accuse the other party of. For example, breach of
contract, fraud, tortious interference, etc. Another very special type of cause of action is called a Quiet Title
Action. These types of Actions (an Action is just legal jargon for a civil actionor a civil suit) are done
when there is a cloud of title issue that needs to be resolved. As a title owner, you have an obligation to defend
your title against encroachments. For example, if I started to build a fence three feet into your land and you say
nothing then five years later, I sell my land, and change the legal description to include that extra three
feetand you say nothing, then that extra three feet is mine.

Lets discuss the Deed of Trust and Mortgage to see how this all fits in.

The Deed of Trust or Mortgage:

The Deed of Trust is a special Trust that is created specifically so that you (the landlord) temporarily grant your
title in trust to the new Trust to secure against the promissory note. When you create a Trust, you appoint a
Trustee. You also give that Trustee the power to sell your property in the event of a default of the promissory
note. This is the vehicle and mechanism your lender uses to foreclose and sell your house. The same goes
with a Mortgage in a Judicial State, except there is no need for a Trustee.

In the event that there is a problem with the promissory note or deed of trust, then there is an issue called cloud
of title. When a title is clouded, you will have a problem selling your house. Let me give you an example.

Lets say the County places an imminent domain claim on a strip of land on your property to lay down some
pipes. They then record this on your county records. But because of budget cuts, they decided not to lay the
pipes, but forgot to give you your land back. 2 years later, you are trying to sell your house. It will be stopped
because you are selling part of a land you dont own (i.e. the strip for the un-laid pipes). In order to un-cloud
the title, you will need to seek a Quiet Title Action.

As we discussed, your promissory note has been permanently converted into a stock. It has also been fully
discharged. The language on your Deed of Trust says This Deed of Trust secures a promissory note, and if
the promissory note is destroyed through permanent conversion, then the Deed of Trust secures nothing. This is
just like the situation with the strip of land with the un-laid pipes. Its lost property. Its unclaimed land. As
the Title owner, you have an obligation to defend your land and title.

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This is why we need to do a Quiet Title Action to reclaim our land to resolve the controversy. In a Quiet Title
Action, you basically issue a challenge to all parties wishing to lay a claim on our property to come forth and
provide the proof of their claim(s).

However, remember the rule of court is the Plaintiff has the burden of proof. In the following parts, we
will go into uncovering proof. If you havent done so, we recommend that you purchase a chain of title &
securitization analysis because once you have real evidence that your mortgage contains fraud, legal violations,
and or has been securitized you will have a much better chance at beating your foreclosure and saving your
house.

Federal Rules of Evidence:

You can sue your lender in federal court and/or state court (this is called circuit court). Typically, the State
Rules of Civil Procedure and State Rules of Evidence will govern state courts. However, since we dont know
which State you are in, and for the most part, these rules are pretty similar, were going to talk about the Federal
Rules of Evidence governing the admissibility of photocopies. Specifically, we want to talk about Rule 1002
and Rule 1003. Please click on these and read up on them. These should be similar with your State Rules of
Evidence. You should consult your own States Rules of Evidence to confirm.

Basically, what will happen is your lender will bring to court photocopies of the Deed of Trust and
Promissory Note to claim their rights as proof of claim in your Quiet Title Action.

These are admissible, unless you learn to object!

The rules of evidence are simple. A photocopy is admissible unless it is unfair to admit the photocopy in lieu
of the original. What you need to know is, under Uniform Commercial Code, your promissory note is a one of
a kind negotiable instrument, just like a check. You cannot go down to a bank and cash a photocopy of a check.
It has to be the real thing. Your promissory note contains the only legally binding chain of title. A photocopy
made years ago does not contain the chain of title.

Basically, the argument is sure, I signed a loan with you then, but we know you sold it. Can you prove that
you still own it?

Opposing Counsel will say, But Your Honor, the plaintiff has the burden of proof. They are alleging that we
sold the note. Wheres the proof?

And thats where most Pro Se Litigants get stuck!

If you do not have the proof (evidence) when you file your civil action, your case will be tossed out, and
classified as failure to state a claim.

What typically happens when you file an action is opposing counsel (the dirty rotten lawyer working for
the bank) will file a Motion to Dismiss. They ALWAYS DO IT; so expect it. In order to survive the
Motion to Dismiss, you must have sufficient proof.

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If you havent already purchased your copy of Jurisdictionary, do it now because you have no chance of
winning your case if you dont know the rules of the game. This is a mandatory resource if youre serious about
defeating your foreclosure and saving your house. I cannot stress how much you need this product!

Evidence of Movement:

The first and simplest evidence we can bring to court is called Evidence of Movement. In an Evidence of
Movement situation, you closed with Bank A (lets say Stearns Lending), who sells it to Countrywide (Bank B),
who then got acquired by Bank of America (Bank C) .who then securitizes the note into New York Mellons
Bank Trust Series 12345.

So, the Deed of Trust names Bank A as the Beneficiary. But Bank C wants to foreclose. Bank C comes to
the court with a Deed of Trust pointing at Bank A (Stearns Lending). Where is the Chain of Title on the
Promissory Note that gives Bank C (BofA) the Right to enforce the note?

If you have a situation like this, you might not need to get a securitization audit, although getting one may make
your case stronger and more likely to succeed.

Often times, Bank C would come to the Court claiming Your Honor, we have reacquired the note and now
have the right to foreclose. If you encounter this situation, you must learn to object.

1) Show me the perfected chain of title. If you have sold it, then you lost your right to enforce.U.S. Code Title
12: Banks and Banking PART 226TRUTH IN LENDING (REGULATION Z), a servicer does not have the
rights of a lender if it has acquired the note for the purposes of administration.

2) Please stipulate for the record whether the note is part of a pooling and servicing agreement. Please
stipulate whether the note has been securitized. Please stipulate who New Your Big Bad Bankers Trust Series
12323 (of course yours will be different) is, are they a REMIC?

3) If the loan has been securitized, did you reacquire the note as an unsecured debt in the secondary securities
market? Are you acting in the capacity of a debt collector as governed under 15 U.S.C. 1692?

Remember, this is fraud at its greatest. Only the top echelon bankers know this scam. Even their Counsel does
not know the scam that is being perpetrated here. He is just taking his clients word at face value. He is hearing
we bought the note back and accepts that the bank now has the right to foreclose. They dont. Most
homeowners who are confronted with this situation dont know the scam either and run out of juice.

Do you see how we structure our arguments here? It was never Show me the note. We are attacking
them on the show me standing and show me that you are the real and beneficial party of interest who
has the right to enforce the note.

What is MERS?

MERS is Mortgage Electronic Registration Systems it was created by banks in order to streamline the
warehousing of loans and mortgage documents. Basically MERS is a front organization that was created to

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defraud homeowners and government agencies. It pretends to hold your note, but in fact holds nothing. Banks
set up MERS in the 1990s to help speed the process of packaging loans into mortgage-backed bonds by easing
the process of transferring mortgages from one party to another. But ever since the housing crash, MERS has
been besieged by litigation from state attorneys general, local government officials and homeowners who have
challenged the companys authority to pursue foreclosure actions. Recently there have been many court
decisions delivering death blows to MERS and their 70,000,000+ mortgages they claim to hold.

For example in MERS Is Dead: Can Be Sued For Fraud: WA Supreme Court we learn that the Washington
State Supreme Court dealt a death blow to MERS: The highest court in the state of Washington recently ruled
that a company that has foreclosed on millions of mortgages nationwide can be sued for fraud, a decision that
could cause a new round of trouble for the nations banks.

The ruling is one of the first to allow consumers to seek damages from Mortgage Electronic Registration
Systems, a company set up by the nations major banks, if they can prove they were harmed.

Legal experts said last months decision from the Washington Supreme Court could become a precedent for
courts in other states. The case also endorsed the view of other state courts that MERS does not have the legal
authority to foreclose on a home.

This is a body blow, said consumer law attorney Ira Rheingold. Ultimately the MERS business model cannot
work and should not work and needs to be changed.

A spokeswoman for MERS said the company is confident its role in the financial system will withstand legal
challenges. The Washington Supreme Court held that MERS business practices had the capacity to deceive a
substantial portion of the public because MERS claimed it was the beneficiary of the mortgage when it was not.

This finding means that in actions where a bank used MERS to foreclose, the consumer can sue it for fraud. If
the foreclosure can be challenged, MERS involvement would make repossession more complicated.

On top of that, virtually any foreclosed homeowner in the state in the past 15 years who feels they have
been harmed in some way could file a consumer fraud suit.

This may be the beginning of a trend, says Elizabeth Renuart, a professor at Albany Law School focusing on
consumer credit law. The companys history dates back to the 1990s, when banks began aggressively bundling
home loans into mortgage-backed securities. The banks formed MERS to speed up the handling of all the
paperwork associated with recording the filing of a deed and the subsequent inclusion of a mortgage in an entity
that issues a mortgage-backed security. MERS allowed the banks to save time and money because it permitted
lenders to bypass the process of filing paperwork with the local recorder of deeds every time a mortgage was
sold.

Instead, banks put MERS name on the deed. And when they bought and sold mortgages, they just recorded the
transfer of ownership of the note in the MERS system.

The MERS database was supposed to keep track of where those loans went. The companys motto: Process
loans, not paperwork.

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But the foreclosure crisis revealed major flaws with the MERS database.

The plaintiffs in the Washington case, homeowners Kristin Bain and Kevin Selkowitz, argued that the problems
with the MERS database made it difficult, if not impossible; to determine who really owned their loan. Its an
argument that has been raised in numerous other lawsuits challenging the ability of MERS to foreclose on a
home.

Its going to be very easy for consumers to say they were harmed because its inherently misleading, says
Geoff Walsh, an attorney with the National Consumer Law Center. If consumers cant identify who owns their
loan, then they dont know whom to negotiate with, and cant even be certain of the legitimacy of the
foreclosure.

In a statement, MERS spokeswoman Janis Smith noted that banks stopped using MERS name to foreclose last
year. She added that the opinion will create confusion for homeowners in the state of Washington while the
trial courts consider its effect on pending cases.

Meanwhile, MERS is attempting to remake itself. The company has a new chief executive and a new branding
campaign. In Washington D.C. federal lawmakers have recognized the need to create a national mortgage-
recording database that would track all U.S. mortgages. MERS is lobbying to build it.

The case is Bain (Kristin), et al. v. Mortg. Elec. Registration Sys. et al., Washington Supreme Court, No. 86206-
1. (Reuters).

This information about MERS is very important for you to understand, if you are going to successfully defend
your points in court. For a list of some FACTS about MERS check out http://www.fraudstoppers.org/a-few-
facts-about-mers and also pay attention to: MERS-and-Citibank-are-not-real-parties-CA.pdf

IF you would like to see if your loan is serviced by MERS, click here: https://www.mers-servicerid.org/sis/.

Or you can also purchase a professional Securitization Audit, a Robo-Signing Check, or a Forensic Audit from
Fraud Stoppers.

Who is the Investor?

There is a good chance Fannie Mae or Freddie Mac owns your loan. If you can find your properties here, then
you can present this as evidence that your servicer (so called lender) is not a real party of interest. This is
critical evidence to bring forth in your civil action. You must include this as a claim in your suit.

To find out whether Fannie Mae owns your note, please come here.

Freddie Macs database is here.

IMPORTANT: DO THIS NOW. Research whether these guys own your note. If so, then you have a vital
piece of evidence to present to the court.

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Carpenter v. Longan 83 US 271

Why is this so important? This is a US Supreme Court ruling that says the Deed of Trust is the peripheral,
and the Promissory Note is the Thing. Imagine if you will, that the Deed of Trust is the tail, and the
Promissory note is the dog. He who owns the dog controls the tail. He who controls the tail does not wag the
dog.

Your lender will want to come in to lay claim on your title only showing ownership to the Deed of Trust
without disclosing who the real and beneficial owner of the promissory note. This is admissible unless you
know to object. If you quote this law when there is evidence of movement, then this will stop them in their
tracks. Basically, its the same thing. Show me you have subject matter jurisdiction over this controversy,
show your proof of claim and title. He, who controls and owns the promissory note, controls the Deed of
Trust.

Getting County Records:

Look, State Civil Code requires that every party of interest in your property must record their interest at County
Records. So, any loan assignments must be recorded. Any notices must be recorded. To gather your evidence,
you should head down to your local county recorders office and request for a complete printout of all recorded
documents for your property from the date of subject loan. Go down and talk to your county recorder. They
will usually be able to help you get the title search dump. You dont need certified copies. Just the copies are
fine, but it is a good idea to get all these documents handy so you can see whats been recorded against your
property.

What you are trying to find is instances where there is evidence of movementi.e. the loan has been sold or
securitized, but there was no corresponding evidence recorded at the County. So the next step is to go to the
County Recorders Office for the DEED RECORDS and get a copy of every page of each document that is in
the deed records of your home, since you got your last loan.

Print the Search Results, with your name as GRANTOR and GRANTEE, and your wifes name as GRANTOR
and GRANTEE, then search the property address, and print the search results.

Take your camera and take a picture of every page starting with the index or the cover page of your deed record
file and save each picture by:

Yr-mo-day, YOUR LAST NAME, Name of Doc, Page of Doc:

[Example: 2013-07-04, Last Name, Original Deed of Trust received from ABC Brokers for Countrywide, 17
Pages]

You should end up with copies of your Original Warranty Deed, Deed of Trust (or Mortgage, as it is called in
some states).

While looking at the Deed of Trust or Mortgage, click on the button or link for RELATED DOCUMENTS
and print the search results, then get a copy of any Assignments of Deed of Trust or Mortgage and any
Releases of Liens, Appointments of Substitute Trustees, Trustee Deeds, and Law Firm Letters, like

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Default or Acceleration Letters from Attorneys who are hired to collect the debts from you. Get a copy of
everything in the file to the present date.

Calling a Title Company:

If you dont want to do it yourself, then you can call a local Title company for a complete title research. A
complete title research includes a report of all activities on your title from the date of sale. They will also print
copies of these documents for you.

Writing a Foreclosure Timeline:

A timeline is a chronological structure and is frequently the way cases are presented to juries and judges
of fact. Visual representations are important and they make it easy to share the details of you case with others.
It sometimes becomes the underlying foundation for the flow of all information related to a case. Therefore, it is
important that care be given in the creation of visual timelines. Here is a Sample Timeline.

The Chain of Title & Securitization Analysis:

For those of you who do not have clear evidence of movement, for example, you closed with Countrywide and
the loan got acquired by Bank of America. Or your loan went through Chase and is now Chase is just a
servicer, or GMAC (and GMAC is now servicing), then getting a Securitization Audit might be a way to go.
Remember, as the Plaintiff, you have the burden of proof.

It will be like having a photo of a bank robber with a gun aimed at a teller. Its them caught with their hands in
the cookie jarand it puts opposing counsel in a position of having to explain to the judge why he should not
be sanctioned for bringing fraud before the court. Fraud Stoppers Foreclosure Defense System includes one of
the most powerful Chain of Title & Securitization Analysis available today. Banks hate it because its
preformed by licensed professionals and includes the admissible evidence that you need to save your house
from foreclosure. Banks HATE these because it exposes their fraud.

Our Chain of Title & Securitization Analysis is produced by a licensed Private Investigator that specializes in
Chain of Title Investigations for homeowners, their Attorneys, and Real Estate Professionals that help
Homeowners stay in their homes.

In todays world of securitized residential mortgages, a Secured Mortgage Loan consists of two parts: (A) the
financial obligation (created by the Tangible Promissory Note) which operates in accordance with Federal and
State Law, and (B) an enforceable contractual lien instrument (i.e. Tangible Security Instrument, Mortgage,
Deed of Trust) intended to provide an alternate method of collection of payment to the Holder of the financial
instrument in accordance with State Law. In reviewing the transfer and ownership history of a Secured
Mortgage Loan, one must evaluate the negotiation of the financial instrument and consider the laws applicable
to the Security Instrument upon said negotiation of the financial instrument.
Our Competent Evidence Package looks at the true sequential ownership of a Securitized Mortgage Loan
Security Instrument as evidenced by the documents related to the clients property filed with the County
Recorders Office, and compares it to the claims of ownership made by the party attempting to foreclose. The
Competent Evidence Package shows what steps SHOULD have been taken in the securitization process in order
to become a proper party to enforce the mortgage contract, according to both statutory and case l aw. More

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importantly, the Competent Evidence Package shows what steps were ACTUALLY taken in the securitization
process, and what steps were NOT taken, and the results of these actions/inactions on the Chain of Title as
shown by the County Records.

Many times clients and their attorneys lack competent evidence. The term competent evidence is used to refer
to evidence that is directly relevant and of such nature that it can be admitted into evidence in a court of law.
For a client considering going into litigation, a prior assessment of the potential violations surrounding the
Chain of Tit le of a Securitized Mortgage Loan is a much-needed tool for determining whether there is a valid
basis for proceeding with a legal action.

The goal is to arm ones self with indisputable evidence so they may clearly and accurately demonstrate that the
claims made by the foreclosing party may be inaccurate and/or fraudulent. In addition to the written Chain of
Title Analysis, our Investigators also create a customized infographic/flowchart/schematic to visually represent
their findings regarding the path taken by the various parts of the clients Mortgage Loan and the parties
involved in the securitization process. This visual representation is invaluable in making the arguments
indisputable and understandable to the clients, attorneys, and judges A picture is truly worth a thousand
words.

To clarify and sum up, Our Chain of Title and Securitization Analysis includes:

A competent evidence package including chain of title analysis

Definitions and descriptions of the 5 parts of a Mortgage Loan Instrument and the various laws/codes that
govern them
A detailed explanation of how securitization was SUPPOSED to work versus how it ACTUALLY worked
A detailed explanation of the difference between a paper Note and an electronic eNote
Screenshots of the clients results from MERS/FannieMae/FreddieMac/RMBS databases
A visual flowchart-schematic detailing exactly what happened to the various parts of the clients loan
Applicable Trust Law for the state where the securitized Trust is held
Definitions and visual examples of the different kinds of indorsements (to properly argue against the
banks claims of indorsement in blank)
The PSA and 424B5 Prospectus of the RMBS Trust, or the Offering Circular Supplement of the GSE Trust
(to prove they didnt follow their own guidelines)
A sample flowchart showing the difference between how banks are supposed to handle securitization and
how they usually actually do. This will give you a quick idea of what we look for and how we argue the
corruption of the chain of title.
Affidavit of Fact detailing the credentials of the Licensed Private Investigator who performs the chain of
title analysis and the documents he/she examined come notarized, and blue-ink originals are mailed to
whichever address the law office has provided, ready to be placed into court as exhibits.

If banks hate these then it is good for us. Unfortunately, without a professional audit, finding your loan in a
pooling and servicing agreement is like finding the proverbial needle in a haystack. Thats why, if you havent
already done so, I recommend that you purchase a high quality professional one right now by clicking here.

Now, lets continue with a little role playing.

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Opposing Counsel:but Your Honor, the plaintiff has the burden of proof. They are alleging that we sold the
note. Wheres the proof?

You:Your Honor, please see Exhibit C in our evidence as part of our initial complaint. On Page X, you will
find our loan listed as a permanent fixture in an SEC filing for the New York Mellons Bank Trust Series
1232342 REMIC in which this loan has been securitized.

Judge: Counsel, what do you have to say to that?

Opposing Counsel:I dont know about this youre Honor; I was informed by my client that they bought back
the loan.

You: Counsel, are you aware of FAS 140? Under the Financial Accounting Standard 140, it says that once a
loan has been sold into a pooling and servicing agreement, the lender forever loses control of the asset.
Are you aware that this loan is a permanent fixture of the New York Mellons Bank Trust Series
1232342 REMIC?
Where is the Chain of Title that gives your client the right to enforce the promissory note?
Are you aware that the promissory note has been discharged in the REMIC as a bad debt and that the
individual share holders have received tax credit for this loss?
Are you aware that once a debt has been discharged, it loses its ability to collect?
Are you aware that your client bought the note as a discharged debt and an unsecured instrument?

I motion the court to have Counsel stipulate that you know with firsthand knowledge that the note has not been
discharged as a non-performing asset. If he cannot, then say I move the court to sanction opposing counsel
for bringing fraud before the court. Counsel misrepresents the facts in order to deceive the court.

Keep in mind that the courts are absolutely corrupt and will try to rule against you at every opportunity.
Therefore it is vital that you not only learn the rules of the game Jurisdictionarybut you must also learn how
to land on them like a ton of bricks when they try to break the law and violate your legal rights!

I hope this information help you.

P.S. If you need more help fighting your foreclosure you can register for a free fraud analysis & loan
consultation right now by clicking here.

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