Assignments of your Security Instrument had no effect and The US Supreme Court stated in
Longan v Carpenter that any such Assignments were a "Nullity".
That was the framers intent.
That is why they made the entire court system to be based on the accusing party's burden of proving you have injured them at the time of the non-judicial foreclosure in Georgia, and at the time of the filing of the lawsuit by the foreclosing party as the Plaintiff in states with judicial foreclosure law.
But, your deal was so poorly planned by the Foreclosing Party that they recorded of all of the assignments of all of the improbable "parties in interest" together in just a batch of unsubstantiated false transfers all on the same day in the same one assignment. They did this 17 years after the closing of your home loan. There is not a form of Mortgage Backed Securities that allows a Security Instrument to be transferred into The REMIC Trust 17 years after it was recorded.
You are lucky in many ways. I am helping you and I am asking others that have helped borrowers as long as I have to read the documents and say their piece. We are giving you 12 years of knowledge that was brutal to learn. No one was around to train us about who had the burden of proof.
But, we had the most to lose and panic and anxiety caused us to believe that in order to stop the foreclosure we had to prove they were committing fraud. That is backward and can't work.
So, now we are at the point to help others and ourselves, put the last puzzle piece in place. Your case is the first one where we can warn a judge of the consequences of the crime, "before" the judge commits the crime of moving a court forward without Subject Matter Jurisdiction
It is so much easier to Challenge Standing based on a real injury. We just have to point out they have claimed no factual injury.
Early on, borrowers created the mindset that we had to prove to a judge that we should not be foreclosed. That would be great if the judge would use the constitution. In all these years I have not seen judges to review Standing before moving the court forward, as the constitution directs.
Your attorney did not present or even mention that your foreclosing party had never claimed an injury they had suffered and they never tried to show with good evidence that any injury they suffered was caused by you.
Your attorney has really helped you with his meltdown. I promise you that before the weekend I will figure out what he is so afraid that he is threatening to hold his breath until you do what he says. How old is your ex-attorney? Twelve?
With my humble direction you have, in your Motion For Summary Judgment, kept a cool head and mostly pointed out the facts showing that the foreclosing party had no exposure to any injury because their role as trustee did not give them any legal right to involve themselves in any borrowers default, any decisions in demanding collections for money owed, hiring a servicer, or instructing a servicer in any way.
Whether you had paid or not paid was not an issue that U.S. Bank, or the U.S.Bank N.A. Trust Department had any right to involve themselves in. Whichever, one or none of those names is actually your foreclosing party.
Your judge has already been warned by your Motion that she will be responsible, as a citizen committing a crime, for the misdeeds of your attorney including any damages.
I will work on a Supplementary Memorandum in Support of Plaintiffs' Motion For Summary Judgment.
If you approve of it we need to get it filed ASAP. This opportunity to get as much damaging evidence before the judge before she has committed the crime is the greatest opportunity to present Standing and Subject Matter Jurisdiction Deficiencies I have ever seen.
You and your family have my undivided attention.
