Evidence Vs. Hearsay


Comments by Richard Kahn, our principal and qualifying expert.

"Attorneys familiar with using evidence in foreclosure litigation use our services to win verdicts and settle in their favor. If you are looking for an attorney or you are an attorney looking for a seasoned network of attorneys and attorney educators in the use of securitization evidence to win verdicts, I highly recommend my friend Max Gardner and his over 600 bankruptcy boot camp attorney graduates. They have access to an ongoing support system that networks them. Max boasts over 600 attorneys nationwide. Links to Max's web sites where you can get more information and find a gradate are at the end of this web page.
Richard Kahn, FPG-USA principal and qualifying expert.


Comments by O. Max Garder, iconic foreclosure bankruptcy attorney and trainer.

Mr. Gardner on the issue of why take a chance, use evidence:
"A consumer's attorney can spend hours and hours searching the SEC's website using the EDGAR System looking for the Trust that allegedly owns his or her client's loan and even more hours trying to locate the list of loans pooled into that Trust. Under Regulation AB, which became effective on January 1, 2006, a complete list of loans should have been filed with each RMBS (Residential Mortgage Backed Securities) registration.

However, there has been no uniformity on how, or with what forms, these schedules are filed. The schedules are sometimes filed as Exhibits to the Prospectus, as Exhibits to the Prospectus Supplement, as Exhibits to the Pooling and Servicing Agreement, or perhaps as a miscellaneous document with an 8K report. What if after hours and hours of looking, the attorney finally finds all of these documents? Then how do you get them into evidence?

The attorney for the consumer is certainly precluded from offering substantive testimony about the case. Will the court take judicial notice of documents filed with the SEC? How do you get the court to the right SEC document to take such notice? What if the court refuses to take judicial notice? Will Request for Admissions be Sufficient? Will the other side even admit anything of substance? Why take a chance?" - O. Max Gardner III Gardner & Gardner PLLC

Mr. Gardner on the issue of FPG-USA's reporting accuracy:
"I have been litigating against mortgage servicers and trustees RMBS trusts since 1996 and have been training lawyers in mortgage securitization and servicing since November 2005. I have seen Richard's work on tracing a mortgage note from the origination process to the custodian of a residential backed securitized mortgage trust and it is very good and extremely accurate."
O. Max Gardner III Gardner & Gardner PLLC


FPG-USA note: Mr. Gardner's personal credentials make him America's number one go to guru in foreclosure and bankruptcy. His Foreclosure Bankruptcy Boot Camp has successfully trained hundreds of bankruptcy attorneys from all around the country. Printed with permission of Mr. Gardner. We are an unaffiliated third party vendor with no financial interest in Mr. Gardner's activities, nor he in ours. Mr. Gardner's website provides a listing of attorneys who have taken his course(s). This is a great place to find an attorney. maxbankruptcybootcamp.com | maxinars.com | maxgardnerlaw.com