DCH & Assoc. LLC - Securitized Mortgage Foreclosure Law Education

Innovative, Professional, and Powerful Leading-Edge Arguments

• Require the other side to produce an extensive and thoroughly researched responsive pleading.

• Each motion includes a comprehensive citation of legal authorities

• Dispositive. If granted, they end the case.

• Create potential liability for the plaintiff.

• Attacking the legality of securitization provides leverage to negotiate an alternative dispute resolution.

• More than arguments, the materials show you how to find the evidence and proof to substantiate them.

• Solidify your defense strategy by addressing the subject of securitization in relationship to the debtor

• Quality documents and strategies designed by experienced Attorneys

• Demystify the securitization process with our cogent, coherent, and simple explanation of securitization

Save Time and Money

• Utilize effective arguments without tedious, tiring, and time-consuming research

• Avoid high costs incurred through significant Paralegal workload

• Order today; File tomorrow..

Revealing The Securitization Issue

It's clear that securitization came to be carried out using a template to provide extraordinary profits in the shortest time necessary. Greed opened the doors to using any means necessary. All the parties involved in creating a mortgage backed security felt compelled to engage in concealment, omission, deception, deceit and outright fraud. The same practices affected the subprime market. Simply put, greed caused people who knew better to do things they should not have done and to make, approve, sell and buy bad loans.

When the tsunami of bad loans hit, it should surprise no one that the expedient of foreclosure followed the shortest path of collecting the most money in the least time by doing anything necessary. Accordingly, it became part of the modus operandi, standard operating procedure, rules of the road that foreclosure could and would be conducted using concealment, deceit, chicanery, deficient, defective, insufficient and fraudulent documentation and unfair debt collection practices.

DCH has created a Mortgage Defense Package which uses securitization misconduct to defend against mortgage foreclosure. Documentary Clearing House invested fourteen months in the conduct of exhaustive research and analysis to produce the Foreclosure Defense Package. Such a protracted undertaking is beyond the financial means of most defendants facing foreclosure. Accordingly, this product is intended to provide a resource to litigating counsel which would, under normal circumstances, be unavailable because of constraints of time and cost. DCH hopes to cause widespread dissemination of the Package.
- Richard Kessler

DCH In the Press

Frequently Asked Questions

How Does Securitization Effect A Mortgage?

• Securitization creates a breach of contract and renders the mortgage unenforceable.

• Securitization provides for a payment by a third party of mortgage payments wrongfully claimed to be in default.

Does Your Package Pertain To My Area?

• The Mortgage Defense Package provides legal forms and technical assistance applicable to both judicial and non-judicial jurisdictions.

• The defenses predicated upon securitization of a mortgage apply to all jurisdictions.

• Every form provided raises substantive issues of law and fact. None is frivolous.

What made DCH connect securitization to foreclosure defense?

• Every securitization deal in the United States began with, not one, but three “original sins”. First, the parties organizing the securitization proceeded to restructure the mortgage granted by the mortgagor to the mortgagee without the consent of the mortgagor. Second, the organizers illogically and without color of legal authority cast the trustee of the mortgage trust as the holder of the note with the right to foreclose and as not the holder of the note to enable the trust to receive the tax exemption accorded a pass-through mortgage conduit. Third it cast the transfer of mortgages allegedly made to the trustee of the mortgage trust as a sale for the investors although it is not a clear a sale ever took place.

Why Did You Spend So Long Examining Mortgage Trusts?

• Our research concluded that there was a head on collision between mortgage requirements and securitization requirement. No one else in the mortgage defense field was paying any attention to the aftermath of the collision.

• DCH also found a set of contradictions in the securitization template used by Wall Street over and over again. Basically, it boiled down to Wall Street firms trying to have their cake and eat it too.

• DCH has now concluded that millions of mortgages have been wrongfully foreclosed, and the victims displaced from their homes are entitled to monetary compensation.

How Does The Package Create A Framework For A Class Action Lawsuit?

• The legal theories propounded in the Mortgage Defense Package also provide the basis for a post-foreclosure suit for wrongful foreclosure.

• The securitization template as organized and administered by the large financial institutions which conducted securitization created an enterprise whose activities were riddled with and characterized by concealment, deceit fraud and chicanery. These activities both render the mortgage (Deed of Trust) unenforceable and result oin wrongful foreclosure.

• The template used to structure securitization deals embodying the three original sins inevitably relied upon concealment and deceit. Under pressure to earn the enormous profits generated by securitization transactions, greed created an irresistible, compelling incentive to engage in all sorts of fraud and chicanery. The end, earnings, always justified the means so that it became justifiable to use any means necessary to reach the quickest, most direct line to making money.

• Securitization of mortgages precipitates legal problems unaddressed and unresolved by legislation or judicial precedent. Foreclosure of securitized mortgages takes place as a result of the evasion and avoidance of these issues by concealment, omission, deceit and fraud which practices are institutionalized and systemic.

• The Mortgage Defense Package provides the practitioner with the tools needed to identify, argue, demonstrate and prove the legal deficiencies and defects which render the mortgage unenforceable. For example, we not only enable the practitioner to argue that the mortgage payments specified to be in default were actually paid to the investors, we also show how to prove it.

What You Get

The Foreclosure Defense Package Includes:

18 documents:

• Interrogatories.

• Introduction.

• Motion to Set Aside Judgment.

• Affidavit in Support of Motion to Set Aside Judgment.

• Omnibus Motion to Dismiss.

• Memorandum of Points and Authorities in Support of Motion to Dismiss.

• Request for Documents.

• Motion to Compel.

• Motion to Strike or for More Definite Statement.

• Affirmative Defense Plug-In.

• Instructions to Answer Complaint.

• Motion for TRO.

• Memorandum of Points and Authorities in Support of TRO.

• Explanation of Securitization with Charts.

• Ten Arguments.

• Discovery Instructions.

• Request for Admissions.

• Florida Bonus- Poison Pill Motion and Affidavit.

Foreclosure Defense Package!

When a mortgage is converted into a security, fatal legal errors occur.