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Hello folks and thank you for tuning in to another episode of the ADR-NOW! Internet Radio Webinar. I am your host, Anthony Johnson.
In this episode, we will talk about the PSA or "Pooling and Servicing Agreement" as it relates to mortgage backed securities and how understanding the elements of the PSA is key to obtaining declaratory and injunctive relief.
Remember, the PSA should be invoked in your argument because it is the document that purports to transfer the mortgage to the trust. It is the evidence that the loan was not transferred to the securitizationn trust in accordance to the terms thereof. Finally, adherence to the PSA determines whether there was a transfer effected or not because under the law of trusts, a transfer not in compliance with a trust's documents is VOID. And, if there isn't a valid transfer, there is NO STANDING! The simple question is: Does the trust own the loan or not? If not, then, it lacks standing to foreclose.
You will then move for Declaratory and Injunctive Relief to declare that the non-judicial foreclosure is void.
For more information about PSA and how to understand them and apply them to a complaint for declaratory and injunctive relief, contact A. Johnson & Associates, LLC, 888-502-0586 or www.adr-now.com.
DISCLAIMER: We are not attorneys. We are not engaged in rendering legal advice. We are Alternative Dispute Resolution Practitioners. If legal advice is required, the assistance of a competent, qualified legal professional should be obtained.
It's good to talk.