Does the Trust Even Exist? Probably Not.

Livinglies's Weblog

This is an invitation for the Bar associations to take as close a look at foreclosure mills as they do to the low hanging fruit of solo foreclosure defense lawyers who get charged with “foreclosure rescue schemes.”

The biggest mistake we lawyers make is jumping into the middle of a fact pattern instead of starting at the beginning. Most foreclosures involve trusts at some point in the chain. And most trusts do not exist as “legal persons”. Without a legal person there can be no “jural act.” Hence the Court lacks jurisdiction to perform any act other than the ministerial act of dismissing the foreclosure action in judicial states or striking the substitution of trustee, the notice of default and the notice of sale in non-judicial states.

Any recorded document involving a nonexistent legal person should also be removed from the county records.

Get a consult! 202-838-6345

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One thought on “Does the Trust Even Exist? Probably Not.

  1. I say bring back yellow journalism, when all newspapers were published by political parties and factions and none of them pretended to be objective. Back then at least you knew where they were coming from.

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