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It was, is, and always will be, the burden of the judge under the Constitutional Doctrine of Cases of and Controversies to review what the foreclosing party or parties have written to establish that they have suffered an Injury in Fact at the hands of the borrower. This was not a difficult thing to do before the great Wall Street Meltdown beginning in the early 2000s. But, that is because there was no lucrative fraudulent opportunities unleashed on the American people by the Democrat President Bill Clinton and a Republican Congress by repeal in full all regulation of Wall Street in 1999.
In foreclosure cases, the trustee is often named by the trustee to be the plaintiff on behalf of the trust. Which is not even logical and certainly not true. Ever. Homeowners are led to believe that these banks are acting on behalf of the trust as the rightful party to enforce the mortgage. But U.S. Bank’s own admission reveals that they don’t have the authority to initiate foreclosure actions. They’re just a conduit for payments between the servicer and investors – nothing more. The Investors in the "Real Estate Mortgage Investment Conduit" (REMIC TRUST) which is more often referred to as a mortgage-backed security and its Investors are usually called "The Beneficiaries" are the only responsibilities that the REMIC Trustee has the duty to work for.
This lack of authority always inhibits US Bank enitities from reaching the bar to allow them to make a claim of owner of the remaining debt of any Home Borrower. US BANK cannot meet the Constitutional, Irreducible, Minimum Requirements of Standing to bring a foreclosure case into any court. If the trustee doesn’t actually control the loan or make decisions about foreclosure, it raises serious questions about who has the legal right to enforce the Promissory Note. Then, (and this was very, very, hard for me to take in, the judge ignored his job and deprived every Borrower who ever was in his court of their civil rights. This is so easy to prove, if you can believe it's true. It is true, but it is difficult to believe.
So they have been for years doing the impossible. They have been recording assignments of the mortgage or deed of Trust and then claiming that gives them ownership of a Borrower's debt. The only thing wrong with that is there is no such thing as the assignment of the mortgage or the deed of Trust. This became established Supreme Court defined Constitutional Law in 1872. See The Crux of The Matter is, You can't Assign a Mortgage from this website.
Here’s the bombshell: The foreclosure successor trustees in some courts and Sheriff's depties in others are the ones pulling the strings in foreclosure.
The set up is like the movie the Sting. Alls sorts of characters are playing parts like actors. Servicers (usually fakes) are the ones initiating the foreclosure process, deciding whether to modify your loan, and handling all aspects of loan management. The trustee has no say in these decisions. They are just the figurehead on the foreclosure complaint.
If you’ve ever tried to negotiate a loan modification, you were probably dealing with the servicer. If your payments were mysteriously misapplied or your mortgage was suddenly in default despite paying on time, again, it was the servicer at work. And if you’re facing foreclosure, chances are it’s the servicer, not the trustee, driving the process.
Why This Matters in Your Foreclosure Defense
Understanding the trustee’s limited role is a critical weapon in defending your home. Trustees like U.S. Bank can be challenged on their standing to foreclose. If the trustee doesn’t have the legal authority to act, the foreclosure can’t proceed. Without the "essential" Promissory Note, the "incidental mortgage", assigned or not, cannot facilitate a foreclosure.
This is my 5th article of this subject over 14 years. I wrote this one because someone posted these next two sentences and it pissed me off. None of these questions or statements are applicable. Beware of an attorney who does not call the real crime here Deprivation of Civil Rights. An attorney would be calling the judge a criminal if he brings up Civil Rights questions and he would be. An attorney is going to talk you out of that. Or not tell you that he has no intention of using your rights to Due Process. Did they properly transfer ownership of your mortgage? Did the trust acquire it according to its own rules? Was your loan even validly assigned to the trust in the first place? These questions are often unanswered – or ignored – in foreclosure cases.
The reality is that many foreclosure actions are based on sloppy paperwork, questionable transfers, and outright fraud. By challenging the trustee’s standing and digging into the servicer’s actions, homeowners can expose flaws in the foreclosure process and potentially stop it altogether. Many of the best defense narratives drafted by our legal team here at Living Lies focus on lack of standing and Fraud by those pretending to have rights they actually don’t.
