Preparing for Battle with Competent Evidence

Before you go into battle, you assess the tools available to you. In this case, the battle is foreclosure. The parties coming forth with a foreclosure action all have different names, but their goal is the same: to take something they have not lawfully and statutorily acquired the rights to.

The Chain of Title Analysis

One of the tools that has been very helpful to many attorneys is a Chain of Title Analysis. This analysis is state specific and pursuant to the local laws of jurisdiction. It shows what was supposed to be done, what was done, and what was not done pursuant to statutory requirements. When one looks at what a Chain of Title actually is, the results are amazing.

Chain of Title refers to the official record of ownership of a particular property. The Chain of Title Analysis examines the sequential ownership claimed by the foreclosing parties and compares it with information that is true and accurate.

The Need for Competent Evidence

Many times the homeowners and their attorneys lack competent evidence. The term “competent evidence” refers to evidence that is relevant and of such nature that it can be received by a court of law. It is evidence appropriate and needed to prove the issue of fact the parties have made. Under Rule 56 of the Federal Rules of Civil Procedure, summary judgment is proper only if there is no genuine issue of material fact. The purpose of the Chain of Title Analysis, by Mortgage Compliance Investigators, is to show that genuine issues of material fact exist.

It is the absence of facts that leads to the demise of the defense on the part of the homeowner. One cannot dispute the findings of fact. They may not like them. That is irrelevant.

The Role of Licensed Private Investigators

As licensed private investigators, we have a duty to be competent to assimilate and interpret the facts. The Chain of Title Analysis takes information that was vague and makes it clear with understanding. An understanding has to be applied to determine if the analysis supports the facts found.

The Chain of Title Analysis exploits the errors found. The empirical results support the view that the Chain of Title Analysis serves a valuable role in determining that what is claimed by the party attempting foreclosure is not true and correct. Nor are the foreclosing parties’ claims accurate.

Infographics as an Additional Tool

The goal is to arm yourself with a battle-ready tool, and this is one of those tools. An additional tool is the Infographics, which were created by this writer specifically for use in conjunction with the Chain of Title Analysis performed by Mortgage Compliance Investigators. The adage that a picture speaks a thousand words could not be better stated. The Chain of Title Analysis is written in legalese, and even today many attorneys do not fully comprehend the information provided. The addition of an infographic allows one to follow what has happened in a single picture using boxes, text, and forms.

Use these tools wisely.

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Joseph Esquivel, Mortgage Compliance Investigators. Copyrighted 2013.