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What is a good usable foreclosure fraud and securitization audit?


Good usable audits are delivered in the form of written testimony upon which oral testimony can be based.

Relevant evidence is provided by an expert who can:

  • sustain their experience on the witness stand against motions in limine to dismiss,

  • survive hours of deposition and voir dire by opposing counsel

  • and qualify to testify before a judge.


Relevant evidence is provided by an expert who can:

  • sustain their experience on the witness stand against motions in limine to dismiss,

  • survive hours of deposition and voir dire by opposing counsel

  • and qualify to testify before a judge.







On the witness stand (phone, video conference or in person) the expert will demonstrate experience handling:

  • direct questioning from borrower's counsel

  • cross examination from lender's counsel,

  • re-direct from either side





Can provide testimony (written and/or oral) which provides the judge with the facts and opinions they want to hear as quickly and succinctly as possible.

  • Summarize and describe in detail as needed, answering all questions in a satisfactory manner.

  • Present materially meaningful and important facts which can lead the judge to a conclusion.


The audit itself, meaning the written report, seldom makes its way into evidence in a trial. The key in the trial is the expert's testimony recorded for the record by the court reporter present. The judge may or may not care to look at the report. In most instances, the judge will allow the expert to reference the report to refresh memory. The expert may hold up or point to and reference specific information on particular pages. The Judge is likely to take or make notes on specific testimony. This type of written evidence may make it into evidence if introduced properly.



What defines a useless audit?

Novices with little or no experience on the witness stand may tend to think that including everything but the kitchen sink, or including information on which the borrower is not party, or including conjecture, making argument, citing case law, and providing reams of documentation which are easily found online or included as exhibits to opposing counsel separately, are genius. It's not.  Lenders regularly make minsemeat of this type submission, seeming to enjoy the borrower sides' false hope and reliance on it. Many Borrowers lose cases in this way. The key is bringing a report and testifying style a judge can draw a conclusion upon.

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