My attorney and I are preparing for an Opposition to the Motion for Relief from Stay for my wife’s Bankrupt. Attorney was asking me questions about my defense, and I was giving complicated answers, some of which I have included in this blog.
I spoke about the fact that the Pretender Lender [Fraud R Us] is on the Note, we have wire transfer information that shows that Indymac paid for the loan. I also explained that the Assignment of Deed was fraudulent (Robo-signed), and the transfer date was after the deadline for closure of the trust. Given the quick and cursory atmosphere in the hearing where the judge would decide the Motion for Relief from Stay, my attorney felt that this was too deep and complicated. The opposing side would have a deed saying that they owned the property, and they also had an assignment.
After some back-and-forth, my attorney looked at the Motion for Relief and looked for ways to attack it. We began to realize that I was saying in a very complicated way, something that could be said simply. Here’s how it goes:
My loan originated with [Fraud R Us]. [Fraud R Us] is on the Note and the Deed. It even says that I’m supposed to pay [Fraud R Us]! But there is the ABSENCE of an Assignment from [Fraud R Us] to Indymac Bank. The LACK of it. That means that there is no legal authority for Indymac Bank to pursue the foreclosure, and there is no legal authority for Deutsche Bank to pursue the foreclosure. That’s all that you need to say.
Now I’m not sure if this simple way will be enough for the full Adversarial Proceeding, but it will be enough for the Judge in the Motion for Relief from Stay.
I was looking for a good quote about Simplicity, besides for Keep It Simple, Stupid (James Carville, Clinton’s political consultant). Here’s one, though it might be a bit pompous:
Leonardo Da Vinci said: “Simplicity is the ultimate sophistication.”