Edward H. Smith
PMB 296 at 816 Elm St.
Manchester, NH 03101

Bus:(603) 935-8809
Fax:(603) 218-6624 edsmith@ehsportal.com
 

Today is Thursday, April 17th, 2014
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Welcome    


0.0 - For New Visitors
0.1
The Housing Bubble    
0.2
Homeowner Facts    
0.3
Using This Site    

1.0 - For Users
1.1
Unique Purpose and Objectives    
1.2
Disclaimer & Copyright Notice    

2.0 - Useful Links
2.1
Online Reference Sites    

3.0 - Key Concepts
3.1
Loss of Equity    
3.2
Securitization and Derivatives    
3.3
Foreclosure Defense Basics    

4.0 - Analysis
4.1
Ten Key Questions    
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Mortgage Holder?
Note Holder?
Assignments?
Servicer(s)?
Accounting?
Total Liens?
Market Value?
Equity?
Foreclosure Alternatives?
Pending Foreclosure?
   

5.0 - Options
5.1
Foreclosure Defense Checklist    
 
Notice Deficiencies
   
 
Lack of Debt Validation
   
 
Lack of Legal Standing
   
 
Forbearance Frauds
   
 
Verbal Misrepresentation Tactics
   
 
Forgeries & Fake Documents
   
 
Securitization Issues & Blank Endorsements
   
 
Conflicts of Interest
   
5.2
Contingent Liabilities    
5.21
Mortgage Modifications    
5.22
Short Sales    
5.23
Deed-in-lieu of Foreclosure (DIL)    
5.24
Bankruptcy    

6.0 Strategy
6.1
Mindset    
6.2
Pitfalls    
 
Deadlines
   
 
Pro-Active
   
 
Writing
   
6.3
Strategy Components    
 
Debt Dispute
   
 
Current Investment
   
 
Housing Crisis
   
 
Attempted Modification
   
 
Title Defects
   
 
Document Requests
   
 
Note Details
   
 
Response & Resolution
   
 
Deception
   
 
Good Faith
   
 
Legal Standing
   
6.4
Strategic Summary    

7.0 Exhibits
7.1
Exhibit A
General Information for Homeowners Facing Foreclosure
   
7.2
Exhibit B
The Real Solution to the U.S. Mortgage and Foreclosure Crisis
   
7.3
Exhibit C
The Power of a Letter
   
7.4
Exhibit D
Foreclosure Defense - Actual Letters
   
7.5
Exhibit E
Legal Issues, Considerations, & Representation
   
7.6
Exhibit F
Additional Information and Help With Your Foreclosure Defense
   
7.7
Exhibit G
Homeowners' Petition
   

8.0 - Basic Pro Se Guide
8.1
Disclaimer    
8.2
Instructions    
8.3
Contents    
8.31
Court Procedures & Rules    
 
Case Name & Number
   
 
Court Rules
   
 
Failure To Appear
   
 
Continuances
   
 
Fundamental Right To Be Heard
   
 
Pleadings & Communications
   
 
Basic Hearing Procedures
   
8.32
Facts & Evidence    
 
Information To Gather
   
 
Discovery
   
8.33
Applicable Law    
8.34
Case Management    
 
Setting Up Files & Records
   
 
Case Strategy
   
8.35
Trial & Decision    
 
Standards Of Proof
   
 
Settlement Options
   
 
Case Presentation
   
 
Final Decision
   
8.36
Appeals    
 
Appealing A Court Decision
   
 
Protecting Appeal Rights
   
8.37
Common Misconceptions    
 
The Court Will Protect Your Rights
   
 
The Truth Will Prevail
   
 
Judges Are Impartial
   
8.38
Additional Information and Resources    
 
Intimidation Tactics
   
 
Financial Considerations
   
 
Extra Help & Referrals
   

9.0 - Case Law
9.10
Fraud on the Court    
9.11
Abuse of Process (NH)    
9.12
L/T Trial Transcript (NH)    
9.13
Amendment to Pleadings (NH)    
9.14
Substance over Form (NH)    
9.15
Related Cases (NH)    
9.16
Firsthand Review (NH)    
9.17
Factual Findings (NH)    
9.18
Dismissals (NH)    
9.19
Summary Judgment Standard (NH)    
9.20
Attorney Truthfulness (NH)    
9.21
Fraud (NH)    
9.22
Compensatory Damages (NH)    
9.23
Collateral Estoppel & Res Judicata NH)    

10.0 - Court Decisions
10.1
NH Court Decisions    
10.2
MA Court Decisions    



 



How Do Foreclosure Mills Avoid Prosecution? Fraud On The Court Has Become An Accepted Practice By Foreclosure Attorneys Who Know That Many Judges Will Just Look The Other Way U.S. Foreclosure Crisis: The Sad Truth About Millions of So-called "Defaulted" Mortgages That Have Been Foreclosed
  In the News . . . by Robert B. Tobiasz (About)
Elizabeth Warren currently serves as U.S. Senator from Massachusetts. Prior to being elected to this position, Senator Warren was a consumer protection advocate whose work was instrumental in the conception and establishment of the Consumer Financial Protection Bureau (CFPB) which began operations in July, 2011. The CFPB was supposed to provide additional protections for U.S. consumers who were hurt so badly by the on-going financial crisis which began in 2007/2008. Entrenched Wall Street banking interests and their partners in the U.S. Congress prevented Ms. Warren from being appointed as the first director of the CFPB. Once again, the bankers and their political partners had acted in a way which was detrimental to U.S. consumers. Nonetheless, Senator Warren appears to be an individual who will not be deterred in her efforts to bring more protections to U.S. consumers and more accountability to the U.S. banking industry. As a member of the Senate Banking Committee, Senator Warren has recently grilled U.S. bank regulators and U.S. Treasury officials as to why there have been no criminal prosecutions of big Wall Street banks and bankers. Perhaps we are witnessing the first signs of an attitude change toward the banks and bankers who have wreaked so much havoc on the lives of U.S. consumers. Stay tuned!


Foreclosure By Fraud

The U.S. Subprime Mortgage Crisis, and the resulting recession that began in 2008, led to the collapse of several major financial institutions and a severe global recession. The impact on the U.S. economy was nothing less than severe; with the average home losing 30% of its value. Ever since 2008, the major U.S. banks, and their secondary market counterparts, have steadfastly promoted and maintained their position and practice of "mass-foreclosures" as a necessary means to stabilize the housing market. They rationalize that each homeowner is inescapably bound, no matter what the circumstances, to the terms and conditions of an original mortgage note signed at a mortgage loan closing.

As a result, millions of homeowners have lost their homes to foreclosure - and there are millions more that will do the same. However, recent events (government reports, lawsuits, settlements, and a mountain of investigative reporting) are exposing the "dark side" of the foreclosure frenzy: the very sophisticated, elaborate and unabated foreclosure fraud that is used by foreclosure mills. In response, I have compiled a report entitled "Foreclosure By Fraud" that is available for the benefit of lawmakers, the law enforcement community, the foreclosure-defense legal community, the media, and the millions of homeowners who are victims, or at risk, of a wrongful foreclosure.

Please contact me for details.

Thanks for visiting.

Regards,



P.S. - Slowly but surely, the "levies of bank protection" are giving way to the "massive floodwaters of fraud" which have been previously ignored by the self-serving crowd endorsing the "too big to fail or jail" mentality of the financial powerhouses and their regulators. Below are several noteworthy events which show that there are some good people in government that actually have the guts to "do the right thing."


01/30/2014

American Foreclosure Horror Story

   

08/22/2013

Whistleblower facing foreclosure wins $18 million

   

04/11/2013

Banking Committee Hearing - Illegal Foreclosures

   

03/06/2013

Attorney General Says That The Nation’s Biggest Banks Are Too-Big-To-Jail

   

02/14/2013

Sen. Warren Questions Bank Regulators About Whether Wall Street Is ‘Too Big For Trial’

   

02/12/2013

Martha Coakley calls for regulator’s ouster

   

02/11/2013

Mortgage processor admits racketeering

   

01/28/2013

Kentucky AG Files Lawsuit Against MERSCORP Holdings in Foreclosure Investigation

   

12/17/2012

Deconstructing the black magic of securitized trusts

   

12/06/2012

Portland lawyer, who works for free, rewarded with $100K prize

   

11/26/2012

Michigan AG charges Georgia woman with racketeering in 'robo-signing' mortgage fraud scheme

   

10/31/2012

Ohio Supreme Court Holds Foreclosure Action Void If Party Filing Suit Did So Before Becoming Actual Party in Interest

   

08/09/2012

AG asked to target foreclosure fraud

   

07/05/2012

Sheriff Task Force to Investigate Criminal Mortgage Fraud in County

   

01/07/2011

Breaking News: U.S. Bank v. Ibanez Foreclosure Ruling Upheld: An Indictment Of The Securitized Mortgage System

   

10/25/2010

MA AG Martha Coakley Investigating Foreclosure Mill Harmon Law Offices

   

09/16/2010

JPMorgan Brings Foreclosure Case In Mortgage In Which It Was Just A Servicer, Court Finds Bank Committed Fraud