PRESS RELEASE
For more information contact:
Richard F. Kessler
Documentary Clearing House LLC.
941-924-5608
http://www.cancelthemortgagenow.com
OMNIBUS MOTION OPENS NEW FRONTIER FOR DEFENSE OF FORECLOSURE
Ready-to-File Document Establishes Rationale to Render Securitized Mortgages Unenforceable Of the $10 trillion of mortgages in effect in the United States, up to $8 trillion may have become unenforceable because the mortgages were improperly converted into securities, says Richard F. Kessler, C.E.O. of Documentary Clearing House LLC (DCH). Until the banks have more to lose by pursuing foreclosure than they have to gain, the foreclosure mills will continue to grind unchecked, he says. Neither the federal government nor the banks have any real incentive to modify loans in default. Accordingly, “Cancel the Mortgage-Now “ is a new strategy to render trillions of dollars of securitized mortgages unenforceable and give banks a powerful incentive to seek an alternate dispute resolution to foreclosure. DCH was established to compel reform of foreclosure and the secondary mortgage market. The company is offering for sale its new, ready-to-file Cancel the Mortgage Now! Omnibus Motion to Dismiss, a comprehensive set of well-documented and researched legal arguments that conversion of a mortgage into a security renders the mortgage unenforceable, says Kessler. If the Omnibus Motion prevails across the country, the magnitude of the consequences is stunning. It will result in the invalidation of trillions 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. Filing the Omnibus Motion in defense against foreclosure serves a greater public good according to Kessler. “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,” he says. As a first step to the introduction of the Omnibus Motion, DCH is sending the following message to the more than 48,000 members of the Florida Bar: “Your client’s defense against foreclosure is incomplete unless you file the Omnibus Motion to Cancel the Mortgage-Now ! If the mortgage was converted into a security, the conversion rendered the mortgage unenforceable. Don’t simply delay foreclosure; end it by cancelling the mortgage. If you are defending a client whose mortgage was converted into a security from foreclosure, your defense is incomplete unless you file this motion. You have a professional obligation to raise this defense.” ‘Cancel the Mortgage-Now!’ will become the new rallying cry to defeat mortgage foreclosure.” “DCH enlisted the finest legal minds and legal resources, and invested nine months in the conduct of exhaustive research and analysis to produce the Omnibus Motion,” says Barry Wilhelm, company president. “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,” he says. DCH will authorize use of the Omnibus Motion by organizations engaged in the defense of mortgage foreclosure without compensation. As of today, a major provider of legal services in southwest Florida and the Yale Law School Legal Services Program have been authorized to use the Omnibus Motion for the defense of their clients, Wilhlem stated. What makes the Omnibus Motion unique as a defense to foreclosure? If the Omnibus Motion prevails, the mortgage is unenforceable; the other side will not anticipate the arguments; the motion puts the other side at risk from potential liability from investors in security certificates; the other side will have to spend the time and money to respond to six thoroughly researched arguments which their attorneys have never seen before; the Omnibus Motion is ready-to-file by filling in the blanks; the filing of the motion creates a powerful incentive for the other side to utilize an alternate dispute resolution and modify the mortgage; the mortgage defendant only pays a fraction of the actual cost of producing the motion making use of this Omnibus Motion as an affirmative defense widely affordable; counsel can use the mortgage again for each mortgage defendant client with a securitized mortgage. Lenders consistently opt for foreclosure in lieu of an alternate dispute resolution. More than 1.5 million foreclosures have occurred since January according to Realty Trac, an online database. Foreclosures may top 3 million this year. Aside from pious pronouncements in favor of alternate dispute resolutions in the face of this displacement of so many American families, the federal government has done little to reduce the flow of foreclosure and the plaintiff lenders have done even less. The federal program for intervention known as “Making Home Affordable” has only assisted 9% of the 2.7 million delinquent borrowers eligible for assistance according to a report issued by the Treasury Department. Cancel the Mortgage-Now! is a ready-to-file affirmative defense to foreclosure of a securitized mortgage. Simply fill in the blanks, sign and file. 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. 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 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. ____________ Richard Kessler is a graduate of Yale Law School and a Washington, D.C. attorney. He has made a career of innovative and first-time legal strategies. |
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