Approximately 25 page description of findings, fact and opinions presentable in court by an independent expert able to testify and defend opinions and conclusions. Requires prior Audit or Forensic Review. It is preferable that Qualified Written Request has already been sent. Declaration answers specific questions put to expert by attorney for homeowner or uses prior questions on similar mortgages or foreclosure proceedings. Declaration can be sworn. Delivery usually in 7-10 days. Declaration is NOT proof nor evidence without foundation testimony. Consultation with local attorney is required for use.
Expert declarations are used to provide support to persuasive argument that questions of fact exist. Once the homeowner (borrower, debtor) passes the threshhold of showing some likihood of proving allegations that the non-bank pretender lender is not the creditor and not authorized to declare default, enforce the note, or file foreclosure, the homeowner is in better position to demand discovery and seek an evidentiary hearing on the merits. The expert declaration assists the attorney in shifting or maintaining the burden of persuasion onto the foreclosing party. The expert declaration explains and expresses opinions regarding the effect of securitization on the subject mortgage, the economics of securitization, and the likely chronology of events and entry of parties into the securitization chain. Expert opinions can include support for allegations of fraud, misrepresentation, standing, real party in interest, necessary and indispensible parties, and discovery.
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Manufacturer:
N/A
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| SKU: |
LL2009-021E
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