Documentary Clearing House, LLC. (“DCH”) introduces the
Omnibus Motion for sale as a legal form to practitioners
to be used in cases where the mortgage has been converted into
a security. More than 80% of all mortgages have been
converted into a security on the secondary mortgage market.
DCH spared neither time nor expense. It enlisted the finest
legal minds and legal resources to produce a comprehensive set
of affirmative defenses to stop foreclosure. Most clients
could not afford to retain the legal team or spend the time or
the money to mount this comprehensive assault on foreclosure
of a securitized mortgage. DCH now can provide you with this
forensic tour de force to stop foreclosure.
Cancel the Mortgage-Now! is a facial assault on securitized
mortgages. It asserts that any mortgage converted into a
security is unenforceable because the plaintiff lacks standing
and the complaint fails to state a cause of action for which
relief can be granted. The mortgage is unenforceable because
the plaintiff lacks standing to foreclose on behalf of the
certificate holders, the mortgage has been converted into an
instrument not enforceable by foreclosure and the
debtor/mortgagor did not consent to conversion of the
mortgage.
If the Omnibus Motion prevails across the country, the
magnitude of the consequences is will be stunning. It will
result in the invalidation of hundreds of billions of dollars
worth of mortgages and compel the Federal Government to step
in and reform and regulate the secondary mortgage market, a
promise made by this Administration but not kept. It places
the financial mess created in the secondary mortgage market
right back in the laps of those who made the mess. The Omnibus
Motion reconnects those who undertook and profited from the
securitization of mortgages with the financial losses
resulting from the collapse of the secondary mortgage market.
Filing the Omnibus Motion in defense against foreclosure
serves a greater public good. It establishes a future
rationale to hold the leading financial institutions that sold
trash-an unenforceable mortgage- for cash accountable to
mortgage debtors who were lent money upon terms they
could not afford and investors who were sold certificates
secured by unenforceable mortgages.
The Omnibus Motion consists of a five page Omnibus Motion
to Dismiss and a 26 page Memorandum of Points and Authorities.
The Omnibus Motion contains six arguments stating that the
mortgage is unenforceable. Each argument is thoroughly
researched and comes with exhaustive citations of authority.
Four allege a failure to state a cause of action for which
relief can be granted, and two allege lack of standing.
The arguments produced in the Omnibus Motion had to meet
three criteria:
- The argument had to be Dispositive
to achieve a final judgment, i.e. dismissal with
prejudice in favor of defendant.
- The argument had to be Determinable
as a Matter of Law not fact. No need for proof of
facts in dispute or discovery to obtain judgment.
- The argument had to be Generic.
It had to apply to all cases where a mortgage had been
securitized. It could not turn upon the facts specific to
a single case.
Documentary Clearing House invested nine months in the
conduct of exhaustive research and analysis to produce the
Omnibus Motion. 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 this Omnibus Motion. Each
purchaser will be asked to sign a licensing agreement whereby
the purchaser agrees that use, republication and reproduction
of the Omnibus Motion will be limited to the purchaser,
either a single practitioner or a law firm, and the client’s
of the purchaser. Purchasers are not authorized to publish or
otherwise disseminate the motion for the use of other persons.
The Omnibus Motion is designed to be used in Florida
although it can easily be adapted for use in other
jurisdictions. It is expected that mortgage cancellation by
securitization will ultimately need to be argued before the
Supreme Court.
The initial price of the Omnibus Motion is $599.00 for a
single practitioner and $799.00 for a law firm. Payment is to
be made by credit card or Paypal. The Omnibus Motion is
available for download in PDF Format or Word.
A hard copy is available by mail upon request for a slight
additional charge.
cancelthemortgagenow.com
Source: http://cancelthemortgagenow.com/index.php?option=com_m2c&view=m2c&Itemid=11
