Competent Evidence, What is it?

Over the past decade the deceitful, deceptive, and illegal business practices of all major mortgage lenders have given rise to a new industry in the area of consumer advocacy. This industry has been coined the “Foreclosure Defense Industry”.

This situation, created by the mortgage lenders, has also given rise to a lot of companies whose purpose is to provide evidence to the homeowner, and/or homeowner’s attorneys showing that the mortgage was grievously defective and a subsequent foreclosure is wrongful.

A homeowner whether in good standing with their alleged lender or facing foreclosure or a pending eviction must be very careful regarding who they turn to for their evidence. There are a lot of service providers out there that provide evidence that cannot pass the test of competency.

Once a client (or counsel) has, and let me stress, “COMPETENT EVIDENCE” they should be asking if the documents and instruments (note, deed of trust & riders) create a valid lien.

The reason I make such a big deal out of “COMPETENT EVIDENCE” is very important to understand here. What we have been saying for a long time now was confirmed to me in mid January in a conversation with a California (foreclosure defense) attorney. Allow me to illustrate what I mean with some background, theory, and confirmation.

There are 42 states in the union that have “License Requirements” for “Private Investigators” and/or “Private Investigation Companies”.

What constitutes being engaged in this occupation?

I encourage researching these state’s statutes as we have done to validate what I am saying here. Here is a list of the states you can take off the list;

NO “STATE” PI LICENSING REQUIREMENTS:

1) COLORADO (Private Investigators Voluntary Licensure beginning July 1, 2012)

2) MISSISSIPPI

3) SOUTH DAKOTA

The following states have NO STATE PI LICENSING, but some cities have their own licensing with minimal requirements:

4) IDAHO (Boise has city licensing only)

5) ALASKA

6) WYOMING (some cities have city licensing, although no state licensing)

7) ALABAMA (only requires a state “business license” with no PI experience needed)

According to a relatively universal language throughout the remaining 42 states if one is (loosely translated to fit the average scope of these remaining states);

1) a finder of facts who, by using a database not available to the general public

2) generates a report containing those findings that is,

3) intended to go before a court of law, then by definition one is considered to be conducting a Private Investigation as a Private Investigator, or operating a Private Investigation Company for which there are license requirements.

In other words, you can look into your own issues all day long no problem, even if you look on a system not available to the general public, and I’ll address providing your own findings in a moment, but as soon as someone looks into the issues of another, they are then by definition conducting a “private investigation” for which, they had better have a license. If the finder of facts is not licensed then what ever evidence they produce is incompetent by nature of that individual’s or company’s failure to meet the state’s licensing requirements.

Now let’s look at a homeowner providing their own findings. If you enter your own findings as evidence it is easily shown by opposing counsel to be bias and prejudice and move the court to strike your evidence and dismiss your cause because you have an interest in; the outcome of the evidence, the process of gathering your evidence, the property itself, and the outcome of the case, etc., and now the question of omissions comes into view, i.e. did you, the finder of facts, leave out anything that was not beneficial to your argument or anything that may have proven fatal to it?

This instills an advantage to your evidence being provided by an uninterested 3rd party who is; 1) licensed, 2) insured/bonded and therefore, 3) experienced; 4) can take the stand and offer “Expert Witness” testimony, and thus; 5) capable of providing “COMPETENT EVIDENCE” that can and should be offered and recorded on the record of evidence, as evidence.

Confirmation:

The attorney I referred to above told me that he had lost a case about a month prior to our conversation for that very reason. He said, “Work product is everything”.

It is my understanding that it was alleged by opposing counsel that the homeowner’s evidence admitted into court was incompetent because of a failure to meet licensing requirements and upon those grounds moved the court to strike the evidence from the record and then moved to dismiss the homeowner’s action for lack of evidence. His (opposing counsel’s) motions were granted. The homeowner lost because the evidence was incompetent.

To date some of the evidence that has been generated and submitted into the court record has worked successfully for a handful of homeowners however on the heels of this revelation it seems just a matter of time before this tactic is implemented by other bank/foreclosure mill attorneys in order to destroy a homeowner’s evidence without regard to the accuracy of the findings therein.

Can it get any worse for a homeowner fighting a foreclosure? Yes it can. An attorney or pro se litigant can face disciplinary action and be sanctioned for submitted incompetent evidence into the record of the court. In addition, the service provider can face severe disciplinary action by the state for conduction a private investigation, or operating a private investigation company without a license. Here in the state of Texas a fine of $10,000.00 and up to 5 years in jail can be imposed for each offense.

If you need assistance getting “Competent Evidence”, backed up by an “Expert Witness” to show the court why your mortgage is unenforceable please click “Contact Request For Assistance” or visit the “Contact” page on Pro Se Foreclosure and sent me an email and I will be glad to help you get that.

Steve Skidmore

Get Jurisdictionary NOW!!!

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2 Responses to Competent Evidence, What is it?

  1. Theresa Zaremba says:

    I am looking to file a quiet title in the state of CT. I am interested in what the fees are for competent evidence for the court. I have been investigating myself, although after reading this I would need reports and evidence that will be submissable in court and with an expert witness. Thanks! Theresa #860-328-0466

    • Hello Ms. Zaremba,

      Thank you for writing and thank you for visiting this blogsite. Please use this site to your advantage. There are several attorneys who follow this site and every time I post a new article I know they are being read. There have been a couple of times an attorney or two will write challenging what I have written, but when gone over again backed up with the mentioned statutes and case law of some specific issues I get no disagreement. I tell you this so that you will know that everything on this site has been through a quasi peer review and therefor I feel that everything I have written and posted to this site is trustworthy information. So, please feel free to use this site like the tool I designed it to be..

      I have been a satisfied client of Mortgage Compliance Investigators (MCI), a licensed/bonded private investigation company and I used to work in the MCI office. I now work for a law firm whose main areas of practice are foreclosure defense, bankruptcy, and real estate transactions and the firm has a client in need ot the services of private investigator who specialize in mortgage law compliance, and compliance throughout the process of securitization and the path in the secondary securities markets our firm goes to MCI for competent evidence. By virtue of firsthand knowledge and my experience in the foreclosure defense industry I can honestly say that there is no other company in the continental United States that can hold a candle to MCI, bar none.
      Here is their website:
      http://mortgagecomplianceinvestigators.com/
      Their toll free number is (888) 491-3741,them call and ask for “Damion” and tell him I sent you.

      MCi offers a wide range of services in regard to your specific situation such as from an analysis to see if you qualify for a modification; mortgage analysis; securitization analysis; and educational packages such as monthly webinars and sample educational documentary packages.

      You can also join MCI’s lead investigator, Joe Esquivel and myself every Friday evening on the Logos Radio Network. We co-host Rule of Law Radio along with Randy Kelton. You can tune in on the web every Friday night from 8:00 to midnight central time by going to http://logosradionetwork.com/. The call in number is (512) 646 1984.

      Joe and I will soon begin our own indentation talk radio broadcast called Mortgage Matters which will also be on the Logos Radio Network. We always encourage listener participation and I will make an announcement when we go live here on the blog and on facebook.

      Give Damion as soon as you can. He can asses your situation and offer a service package that would best suit your situation. He can also go over pricing and an expected return time on your investigation,

      Thanks again for writing and I hope you find this information and this blog site helpful.

      Steve Skidmore

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