This is very simple.
The LAWS dictate that the bank (or pretender lender) must offer PROOF of OWNERSHIP.
DEMAND a “pre-trial settlement conference.” Mediators are not allowed.
Make this an all or nothing wager. (Wall Street likes betting with other peoples’ money, right?)
Give the bank (or pretender lender) 60 DAYS from the initial hearing to produce the ORIGINAL NOTE (EVIDENCING THE ENDORSEMENTS IN BLANK or NO ENDORSEMENTS for TRUSTS?) – PLUS the ALLONGES, and ORIGINAL MORTGAGE.
Modern forensic analysis – to be paid by HAMP – would verify the credibility of the documents. Ink and paper can be time-dated with modern technology. Furthermore, hand writing analysis techniques and forensic computer technologies are also available and very refined today. Furthermore, The CEO’s (of the employees who “VERIFY” the accuracy of their own signing authority as evidenced in their own affidavits,) would be “sworn in” for perjury and other related potential criminal actions. This would also perhaps eliminate forgeries and criminally manufactured documents by the banks (or pretender lenders,) their foreclosure mill attorneys, and/or their default document preparation firms… To further GUARANTEE and ENSURE fairness, the Homeowner would choose the forensics firm who would operate under the penalty of perjury and fraud.
This simple wager would be established as follows:
1- The pretender lender would “sign off” at the initial “pre-trial settlement conference” on the mortgage and note, (FREE AND CLEAR with clean, marketable title, including the pretender lender’s assumption of all future liabilities for “John Does’ 1- 1000.”) The homeowner would then drop all future claims and counterclaims, and own their home free and clear. Further criminal prosecutions would be dropped for this individual case.
2- IF the pretender lender would NOT “sign off,” then the FORENSIC TESTING RESULTS – OR pretender lender’s NON-COMPLIANCE … in the following 60 days … would determine the FINAL OUTCOME of their claim.
3- At the end of 60 days at the NEXT summary hearing, (held exactly in 60 days,) IF the bank CAN LEGALLY PROVE THEIR OWNERSHIP by producing the legally necessary documents to the court, the HOMEOWNER has 30 days to peacefully surrender the premises without any further litigation.
4- At the end of 60 days at the NEXT summary hearing, (held exactly in 60 days,) IF the pretender lender COULD NOT PROVE THEIR OWNERSHIP to the court, the HOMEOWNER would receive the HOME – FREE AND CLEAR – (and FREE FROM ALL FUTURE LIABILITIES from “John Does’ 1 – 1000″ ….) PLUS, the homeowner would additionally receive FIVE MILLION DOLLARS CASH ($5,000,000.00) from the pretender lender now proved to be a criminal. Mandated criminal prosecutions and incarcerations would then follow for corporate parties found guilty of fraud, perjury, RICO Conspiracy, etc….
This MOST CERTAINLY, WITHOUT ANY DOUBT, would:
A) END “ABUSE OF PROCESS” and “FRAUD ON THE COURTS!”
B) END LOAN MODIFICATION SCAMS BY ALL ENTITIES!
C) END THE TYPICALLY UNFAIR AND DECEPTIVE PRACTICE OF QUESTIONABLE FORECLOSURES – and, so far, MOST (if not ALL) FORECLOSURES are questionable! (… Let’s not forget about the RAMPANT MORTGAGE FRAUD by the BANKERS in the lax and irresponsible origination and appraisals.)
D) END UNNECESSARY LITIGATION COSTS to homeowners, who cannot afford litigation in the first place. Only 5%(?) of homeowners are litigating and many of them are going bankrupt to merely protect their legal rights. There is currently very little JUSTICE for most homeowners.
JUSTICE is CLEARLY NOT AFFORDABLE!
Long and protracted litigation, through slick, legal maneuvering by attorneys (on both sides) – is demonstrably immoral and unethical.
E) END The strain of COURT COSTS to the TAXPAYERS and STATES!
F) END EMBARRASSMENT by many Judges, Bar Associations, and GOVERNMENT AGENCIES who have aided and abetted, at the very least, unethical behavior, or at the very worst, criminal behavior – regarding foreclosure fraud and mortgage fraud by the banks!
G) END The MISTRUST by citizens of law enforcement, regulatory agencies, and governments who have been wholly negligent of thier DUTIES to PROTECT and SERVE the citizens (who pay the “PUBLIC SERVANT’s” wages and benefits through taxes!)
H) END the WASTE and FRAUD perpetrated on America by worthless government and social policy programs!
I) END the CERTAIN DECLINE OF OUR ECONOMY. Millions of FREE and CLEAR HOMES would RE-START our economy with legitimate (and immediate) equity based lending!
J) END CLOUDED, UNMARKETABLE TITLES that will clog up the legal system for years to come!
K) VALIDATE and REAFFIRM OUR COUNTRY’S COMMITMENT TO FACT, LAW, JUSTICE, FAIRNESS and TRANSPARENCY!
L) UPHOLD THE SANCTITY of “our” U.S. and STATE CONSTITUTIONS!
.. And WHY COULD this NOT OCCUR?
You may call this:
THE GREAT AMERICAN “PUT UP OR SHUT UP” FORECLOSURE SOLUTION!
ISN’T THIS WHAT AMERICA STANDS FOR…FAIRNESS, JUSTICE, and EQUAL PROTECTION under the LAW?