Reposted by the Foreclosure Solutions Group on 04-03-2015
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Posted on August 13, 2012 by Neil Garfield
The basic fact pattern is that through dual tracking (see the last post), the players in this game were playing a shell game that resulted in repeated windfalls to the players while delivering multiple financial body blows to the only two parties in the transaction that counted: the lender and the borrower.
By inducing the borrower to sign documents that recited transactions that never existed nor were they expected to take place, the borrower finds himself owing a third party to whom an obligation is owed while at the same time having executed papers allowing the securitization players to claim that they were the owners of the loan for trading, insurance and bailouts purposes.
The essence of this is agreement and consent. The fact that an offer has been made does not mean the other party concentrated to the terms presented. And if the terms presented are untrue, the asset is as invalid as if assent had never been given.
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