Pay attention or get an (F) for FORECLOSURE!
Nye Lavalle Said:
This may sound crude, but it’s the only analogy that’s easy for people and judges to understand. A woman goes to a party or is promiscuous and sleeps with 6 men in a night or week. The following week she is pregnant. There is one man who is the best looking, strongest, in best shape and richest of them all, so she wants him to be the daddy. Two other men, who find out she’s pregnant, claim paternity. NOW, before the age of DNA and computers and all, it was simply someone’s word and testimony against another.
However, with the advent of DNA testing and sequencing genes, we can tell who the daddy is. So, a judge would understand the following:
Judge, this has been a very promiscuous note. It’s gotten around (transferred, pledged, sold, assigned) quite a bit and it never used protection (recording in public records, assigments, or proper endorsments). After being with at least a dozen different partners, our note is now pregnant (ripe for pay off/liquidation).
The MOM (MERS, servicers) says Daddy #1 is the daddy, but the baby (original note) has blond hair and blue eyes judge, but the mom and claimed dad are both dark hair and dark eyes so we’re suspicious.
Two dark hair and brown eyes men come forward and state: Judge we both slept with this woman during the time she claimed to be pregnant. Now, 3 different men have potential paternity.
NOW, THE ONLY WAY you can determine who the father (holder in due course) is to take blood samples (accounting, servicing, custody, investor reports and data) from EACH MAN (servicer//transferee etc..) to see who’s DNA it was and all the others to determine the dad and who owes child support.
Unless you do the DNA (forensic accounting analysis of all docs and records), it doesn’t matter what the bank lawyers or servicers say what really transpired here!
Without seeing where that NOTE (not mortgage) came on and off anyones books; how it was endorsed and when; who has possession and custody and who negotiated the note and PAID for it, you’ll never be able to answer the age old question, “WHO’S YOUR DADDY?”
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Nye—
Read the NYT article about you and would love to talk. PBI is developing a plan to stop foreclosures, wholesale. We’d very much like your take on our approach. And it’s urgent, since the AGs may cave on Monday!
Susan Harman
Sometimes the oldest stories are the best. For some reason I believe we will have a whole lot of whores in church this Sunday.
Pretty clear, thanks for spelling it out Maury Povich style lol!
Here’s another version,
One night, a promiscuous woman goes to the bar, gets drunk, and sleeps with three men. In the following months, this promiscuous woman finds out she’s pregnant. Unable to remember all of the men she slept with that night, there is one man who is most attractive and the wealthiest of the three she slept with. This wealthy and attractive man claims to be the father although he is not absolutely certain.
Meanwhile another man, poor and unattractive, who also slept with this promiscuous woman that night – has learned that she’s pregnant. He too comes foreword to claim fatherhood, although he’s not absolutely certain either.
Before the invention of forensic analysis, it was simply someone’s word against another. Now, through the use of forensics (i.e. “Discovery”) – feuding parties can accurately determine who can properly claim interest.
Honorable Judge, unfortunately this has been a very promiscuous note. It’s allegedly been conveyed, auctioned, and assigned quite a bit – without using protection set forth by state and federal rules. After being with multiple partners, this promiscuous note is pregnant with value and ready for delivery to the proper party in interest.
Honorable Judge, in this case before the court, both the wealthy man and the poor man has come forward to declare they both had a relationship with this promiscuous note. Embarrassingly, both men are now claiming “paternity”. On information and belief, the only way to determine the legitimate party in interest, is to take a detailed accounting to determine whose ‘forensics’ match – in order to properly establish which man is responsible for the “support” of the note in dispute.
Honorable Judge, unless forensic analysis is performed, it matters not who merely claims to be the party in interest. Without determining (a) when and where the note was consummated; (b) who properly endorsed the note (d) and who put up the money on its behalf, it remains virtually impossible for anyone to determine beyond any shadow of doubt, which man is the legal party in interest.
Honorable Judge, the possibility remains that the real party in interest is neither the wealthy man nor the poor man; but an unidentified third party. For this reason Your Honor, The Plaintiffs humbly request Discovery under Federal Rule 26.
Smallz
PS
Thank you Nye Lavelle.
Nye Lavelle – THAT IS KEEPING IT REAL!
OUTSTANDING!
smallz