They're Trying to Take Your Home — Here's What They Must Legally Prove

Added: 2026-05-23

[00:00:00]I want to talk to anyone who has received a foreclosure notice or who is behind on their mortgage and knows one is coming or who has been fighting this fight for months, maybe years, and it feels like the system has already decided your outcome.

[00:00:16]I need you to hear something clearly before we go anything further. The entity that's trying to take your home has to prove something first. not to you, not in a conversation, not in a letter, in the court, on record with documentation.

[00:00:36]And they have to prove that they have the legal right to foreclose. And that proof, my baby, is not automatic. The mortgage industry went through a period, particularly around 2008, where loans were originated, sold, packaged, and transferred rapidly. That documentation trail got broken. [music] Assignments weren't recorded properly.

[00:01:00]Notes were transferred without the right paperwork. Services were collecting on loans they couldn't prove they owed or owned. And courts noticed. Foreclosures were challenged. Some were stopped. Some were overturned. Not because of declaration, not because of sovereignty filings, not because of a magic language, but because the entity trying to take the home couldn't prove it had the right to do so. That is documented.

[00:01:28]My heart that actually happened and the legal framework that produced those outcomes is still in place today.

[00:01:37]Today we are going to cover exactly what they must prove and what operators do when they can't. So we made the right observation but the wrong remedy.

[00:01:51]So let me tell you what the sovereignty space did with this information.

[00:01:55]Everybody that looked at this, including me, right, we found the documented reality that servicesers frequently can't prove the chain of title and that they and because they can't prove that chain of title, we built a mythology around it. They said your mortgage was paid off when you signed your promisary note. That the bank never lent you real money. That you can discharge the debt by declaring yourself the secure party creditor. That the right filing makes the debt disappear. That you can reclaim the note and live in a house for free. People tried these arguments in foreclosure court. And here's what happened. Judges heard that argument and ruled against them. Not because of the underlying observation about the chain of title wasn't valid, but because the remedy being offered, UCCC filings, status, declaration, secure party creditor arguments does not connect to how foreclosure law actually works. So, if you use those arguments in a foreclosure [music] proceeding, that's actually taking you away from the direction that's going to lead you to getting the result that you need. Here's why that distinction matters. The documented challenge to a foreclosure is not you never lent real money. The documented challenge is prove you have the legal right to enforce this specific note against it the specific property. That is a completely different argument and it is one that has worked in documented cases in real courts with real outcomes. That is the version we build [music] today. But two things clear two things clear before we go deeper.

[00:03:37]First, this video is not legal advice.

[00:03:41]If you are facing a foreclosure, you need a foreclosure defense attorney.

[00:03:46]Many work on contingency or reduced fees for homeowners in distress. The information here gives you the framework to understand your situation and have an informed conversation with council. Do you understand that? Okay. If you guys can gather that, watch this video all the way to the end. And number two, the documented challenges we are covering today have produced real outcomes in real courts. However, they are not guaranteed. They are not magic. They work when the facts support them and when they are raised correctly in the right forum and at the right time by someone who understands the process. So if you don't understand the process, if you're not in the right forum, if it is not raised correctly, it's not going to work. So what we are going to establish today is the framework that every operator should understand before they ever sit down with an attorney, respond to a notice, or take any action related to a foreclosure proceeding. Knowledge before action always. So thank y'all for watching this video. Remember to hit the like button, hit the subscribe button, tap into this channel. Okay, I'm super excited to talk about this topic. To compound off of my last video, when people ignore you, what to do to their responses, but what about when it gets down to the foreclosure? We're about to cover that today. So, stick around all the way to the end if you want this game. Thank y'all once again. Let's dive into another one. So, when I before I dive into this next one, the key thing that I want to land is that there are two layered there's a two-layered documentation challenge. Okay, there is the standing and then there is the chain of title. Okay, you can challenge their standing whether they have standing to collect on a debt and you can challenge whether they are even in the chain of title. Okay, whether they have ownership over it because one can have owners can not have own like full ownership but still have standing to collect and then vice versa. So, we got to talk about the critical difference between a judicial and also a non-judicial foreclosure because some states require a judicial proceeding and some states do not require it. Okay. So, this is going to determine how these challenges can be raised. Okay. So, the first thing that we want to talk about is that there are two things that they must prove. All right.

[00:06:06]Number one, they must establish two things. The first thing that they must do in order for them to legally foreclose on your property is they must have standing. Standing means that they have a legally cognizable interest in the property. Cognisible, I'm thinking a cognizant, so very known interest in the property. They are the party with the right to bring the foreclosure action.

[00:06:34]Not a serer collecting on behalf of someone else, not an entity that acquired the note improperly, the actual party with documented legal right to enforce.

[00:06:46]Okay, so real quick, not a serer collecting from someone else, not an entity that is that have acquired the note improperly and not the actual party with documented legal but only the actual party with documented legal right. So when you ask simple questions such as a QWR when you ask simple questions like that validation right you are distinguishing whether they're the serer and whether they are an entity that has acquired your note properly.

[00:07:12]Okay so the standing this is where we dive into the chain of title cuz the chain of title also can be able to improve these things. So the second [music] is they must prove the chain of title. Okay. Now, the chain [clears throat] of title means the unbroken documented trail from the original lender who you signed the note with to the entity currently trying to foreclose. So, every transfer, every assignment, every endorsement on the note, every recorded document in the county recorder's office showing the mortgage move from one entity to the next, they must be able to provide that.

[00:07:46]If that chain has a break, if there is a transfer that wasn't documented, if there was an assignment that was recorded after the foreclosure was filed, if the entity claiming the right to foreclosure acquired the note through a process that wasn't properly documented, that is a standing problem.

[00:08:03]And standing problems in the right forum can stop a foreclosure. So, a couple of things I want to talk about, which is the two separate documents. Okay, number one, let's talk about the note. The note and mortgage is two separate documents.

[00:08:17]The note is the promise to pay. The mortgage is the lean on the property.

[00:08:21]Both must be properly transferred for a foreclosure to be valid. Okay, that's key. Number two, MS, which is the mortgage electronic registration system, was created, okay, to track mortgage transfers electronically.

[00:08:38]But courts in several states have ruled that Mr. assignments don't always constitute proper legal transfers. And number three, in 2008, the robo signing scandal produced documented cases where servicesers were signing assignments, assignment documents they had no authority to sign. Courts found this created standing defects. Securitization is also the process of bundling mortgages into a trust, right? Creating chains of transfer that were often poorly documented. The trust that claims to own your loan may not be able to prove the note was properly transferred to it. So standing isn't a theory, it's just threshold. All right. The difference between a note and a mortgage, you have to have this clear distinction. Okay. Now, here's where documented moves differ. Depending on where you move, depending on where you live, where you move, in a judicial foreclosure state, the lender must file a lawsuit to foreclose.

[00:09:39]The case goes through court, and you have a right to respond, raise defenses, and require them to prove their case.

[00:09:48]This is where standing in a chain of title challenges are the most important because they have to come to court and you can meet them there. In a non-judicial foreclosure state, a lender can foreclose through an administrative process without going to court first.

[00:10:05]And because this process moves much faster, your window to act is much shorter. But you are not without options.

[00:10:14]In a judicial state, a lender must file a lawsuit in order to foreclose. So, we talking about Florida, New Jersey, uh New York, Illinois, Ohio. Roughly half of the country requires a lawsuit in order to foreclose. Okay? The case goes through a court. [music] You have a right to respond and raise defenses.

[00:10:35]Standing plus chain of title challenges are the most powerful here.

[00:10:40]meeting them in the courtroom equals them requiring them to prove it. Versus on a non-judicial foreclosure state side like California, Texas, Georgia, Arizona, Nevada, the process uses a trustee and a deed of trust rather than a court. So in judicial states, your answer to the foreclosure complaint is where you raise standing in chain of title defenses. You have a right to demand they prove their case. your documented moves in a non-judicial state. Moves including your documented moves include a include filing a lawsuit to challenge the foreclosure before the sale, requesting a temporary restraining order if the sale is imminent, and using a QWR process to demand loan ownership documentation before the sale date. I said that pretty fast, but let's catch you up. All right. When we think about the non-judicial states, they use a trustee. There's no court filing required by the lender. The process moves faster because short windows. The thing is is that you want to file a lawsuit to challenge before the sale date. QW QWR CFPB state attorney general complaints are critical here. Let me just talk about that specifically for the non-judicial states. Okay. On the judicial states, you have more power because you are going to be able to you have more time. You can go ahead and fight them in court. And essentially if anything is misstep once you present it in court they are forced to prove it versus the non-judicial states it requires everything to be done to beforehand. Okay? Cuz once the ruling goes through then it's much harder for you to appeal it or whatever the case may be. All right? So number one if they are going to move like that. Okay. You want to make sure to when you file that lawsuit, it has to put a pause on whatever it is that they're doing. Okay?

[00:12:32]Then the temporary restraining order, you have a legal basis to do that, especially if you are doing your procedures properly. Okay? It wouldn't be seen as you doing something frivolous if you are doing the process right and you feel like they are unlawfully foreclosing. And then you use the QWR to demand loan ownership documentation before the sale date. So, let's just say this. Once you have that, then you have documentation to fully stop it right now. Regardless of the state, the CFPB, the state attorney general complaints will remain available and create a regulatory record. It's not going to change the game, but it's going to create a regulatory record so that not only do you have record, but the these state these government agencies do as well. An attorney familiar with your state specific foreclosure statute is essential. So, you don't want to just go with any attorney cuz you're desperate.

[00:13:26]You want to go with somebody that specializes in foreclosures. The timelines are different, the procedures are different, and the window close are at different points. When the forum changes, I want you to understand that the principle doesn't. They still have to prove they have the rights, and your job is to make them prove it. Let me repeat that one more time. Even whether or not it's judicial, non-judicial, whether or not it's debt or whatever the case may be, the principle doesn't change. You have a right to challenge the proof that they have the right. And you only thing you have to do is make them prove it. And how do you make them prove it? Is through multiple regulatory agencies, uh, multiple documentation that will kind of put them in a position of having to prove it or just letting it go. Okay. So, I'm going to pull up some documented challenges that work. We can talk about US Bank versus Ibenz. The Supreme Judicial Court ruled that the US Bank and Wells Fargo lacked standing to foreclose because the mortgage assignments were not completed before the foreclosure sales. The foreclosures were void. This is recent in 2011.

[00:14:30]Okay, so that's one court case where when they lacked standing because their mortgage assignments were not completed before the foreclosure sales, meaning they didn't do all their procedures.

[00:14:43]And this happens a lot. Okay. Number two, the Bank of New York versus Silverberg appellet division ruled that MS did not have the authority to assign the mortgage because it was not the holder of the underlying note, which is a standing defect, meaning if they didn't have standing because they was not the holder of the underlying note and they couldn't assign anything cuz they had no standing. And then we can dive into the 2012 mortgage settlement where $25 billion was in a settlement involving five major banks arose directly from documented robo signing chain of title violations which proves these are real widespread and legally actionable. These are not sovereignty arguments. These are documented court decisions where the standing challenges succeeded because the facts supported it. challenge works when the assignment was recorded after the foreclosure filing and the entity claiming standing cannot produce the original note the securitization documents don't show proper transfer into the trust. [music] So if the documentation is inconsistent then in essence your challenge will work. So that's only if the documentation is inconsistent not something or idea or even a theoretical thing that you make out of thin air.

[00:16:02]it's going to be when they don't have the proper records.

[00:16:06]These cases didn't win because of magic language. They won because the documentation trail was broken and the court legally required proof. So, if you want to tap into the fundell family, the link is in the description because if you're in a foreclosure situation right now or you want to understand this framework before you ever need it, the fund yourself family is on school and this is where we work through this together. The link is in the description. Come on in. Now, let's talk about what operators do when facing a foreclosure. We're going to pretty much break down the next four moves and what you need to do in the event you are dealing with a foreclosure. Again, this is not legal advice, financial advice.

[00:16:47]Not even to be taken serious. Still do your due diligence. All right? Providing this information that I found. Argue with your mammy. I'm not here to argue with anybody. I'm only here to provide information that is documented. So, thank y'all once again. Let's dive into the real info.

[00:17:04]Number one, the four operator moves that we're going to talk about is getting the original note. That's one. Two, searching the county recorder. Three, respond to a foreclosure complaint. And number four, filing with the CAPB state attorney general and being able to escalate it. Okay, so these are the documented moves in order that operators make when facing a foreclosure proceeding. None of these are going to be sovereignty filings. None of these are going to be declarations. All documented legal moves within the system. So, let's dive into move one and two. In move one and two, okay, you want to produce the notes. Okay, you want to start building your evidence before you start diving into a fight. So, you want to send a written request to your serer demanding production of the original promisory note. This is called a produce the note request legally documented. You can ask this under UCCc article 3. The party seeking to enforce a note must be a person entitled to enforce which generally requires the holder of generally requires being the holder of the note. So this is that dives into being the holder in due course. Someone who will have standing [music] to hold the note. Many servicesers cannot produce the original note because it was lost, destroyed or improperly transferred through securitization.

[00:18:19]A serer who cannot produce the note has a standing problem. That's plain and simple documented in multiple court decisions. If they cannot produce the note, they have no standing to collect the debt and legal standing to sue or collect the debt is their legal weapon.

[00:18:37]This request is separate from the QWR because it specifically targets the note production requirement. Okay? So, you can send a QWR and you can also send a promisary note, a produce the note uh letter. The note is the instrument. If they can't produce it, they have a documented problem enforcing it. Okay.

[00:18:57]So now when we go back to my last video where I talked about violations, when you send them an instrument or a presentment, they are required by law to respond to it. Every single instrument they don't respond to it is [music] a is a separate violation within itself.

[00:19:11]Specifically, if we're talking about real estate, the Real Estate Settlements Procedure Act says that you can assess them up to $2,000 per violation. So, if they don't respond to your QWR and they don't produce your note in a separate response, that's up to $4,000. I would think at least that's what the law says.

[00:19:29]So, if the note is the instrument, if they can't produce it, they have a documented problem enforcing it. All right. Number two, search for the county recorder, which is game and sauce that nobody really talks about.

[00:19:44]Every mortgage assignment must be recorded with the county recorder or register or register of deeds in the county where the property is located. So it's a public record is free to search online available. Okay. Number two, you want to search the chain of title from your original lender to the foreclosing entity. You want to look for gaps in the chain. You want to look at the assignment recorded after filing. even assignments from entities that no longer exist. Mr. assignments in states where courts have questioned their validity.

[00:20:18]What you find or don't find tells you whether the chain of title is intact.

[00:20:22]The chain of title is the public record and operators read it before the court does.

[00:20:28]Okay. Number three and four. Respond to the foreclosure complaint. All right. In judicial foreclosure states, you have a limited window to respond to the foreclosure complaint. typically 20 to 30 days depending on the state. So, you need to respond. Number two, filing an answer that raises standing in a chain of title as an affirmative defense requires them to prove their case. So, they can call you [clears throat] uh someone saying that you need to do this, but if you assert this defense, then they must prove their case. Most homeowners don't respond. Default judgment is entered and then foreclosure proceeds. That's typically what happens.

[00:21:07]Okay, responding even with a prosay answer stops default and requires the serer to litigate. Let me talk about that. What I mean by stopping default, I want you to understand that there is a pre-selected process. Okay, there's a pre-selected process. When you are dealing with debt, they're going to de there's a default process. So, when you send a letter, you are stopping their default process and having them prove standing. So yes, you're going to stop default and this is going to require a serer to go to litigation instead of just going straight to to court and getting their own judgment. Okay? Now, an attorney, the right attorney can raise these defenses most effectively, but filing something is always better than nothing. All right. The default is the foreclosure, and then operators are going to respond to that default by making sure they do things that's mentioned here. And number four, after [clears throat] you have answered a complaint, the only thing is to build a record outside of you. Okay? CFB complaints during an active foreclosure create a federal record of serer misconduct. We can talk about state attorney general offices have mortgage fraud units. Documented robo signing and chain of title violations which are within their jurisdiction. We talk about department of housing and urban development housing counselors. They have free services that can help you navigate the process and identify documentation issues. These complaints don't stop a foreclosure on their own, but they do create regulatory pressure and document a record that strengthens any legal challenge. Operators will build a record on every front simultaneously. The legal challenge and the regulatory record will run together.

[00:22:54]Now, we've built something over these last three videos. number one the start and actually I did the mortgage letter video a few weeks back and that one did really well. So I'm like okay but there's a lot of questions and even in my last video a couple days ago people wanted to understand like you know people are in mortgages people are behind. People are about to get in there and I'm like you know what let me just go ahead and put it out there. I may do this multiple times over, but if I can help those people that are currently going through that, I think mortgages are one of the main things that people that come to my channel really want to get over. I [clears throat] think that's honestly where I started because I was tired of paying my mortgage or having to pay my mortgage and all of this stuff and still take care of my responsibilities.

[00:23:42]So, we built something over these three videos. number one that the qualified written request that that letter is going to start a documented record. What happens after whether they ignore you or respond what each outcome is going to create? And now what happens when the fight reaches the hardest moment when someone is trying to take your home, you know exactly how to respond. Whether they ignore or they respond, you know exactly what it's going to [music] create. Okay? So, I want to say something to everyone watching this video who is in that fight right now.

[00:24:16]The sovereignty space found you when you were scared and they gave you something that felt powerful. Declarations. They gave you filings. They gave you a lot of things that felt like power.

[00:24:28]Okay? And I understand why that resonated because you needed something to hold on to. Here's what I want you to hold on to instead. The documented challenge to a foreclosure is not [music] a theory. It's a legal argument grounded in real law that has produced real outcomes in real court. Standing chain of title, produce the note, county recorder search, answer the complaint, build [music] the record. These are not magic words. These are moves and they work when the facts support [music] them and they work when you use them correctly. The entity trying to take your home is counting on you not knowing this. Counting on you not responding.

[00:25:04]Okay? Counting on you giving up. Ow. You know the moves now, so it's time to make [music] them. If you're in this fight or you want to be prepared before you ever are, the fund yourself family is where we build that knowledge into position.

[00:25:17]The link is in the description. It's on school. And if you haven't watched the first two episodes in this series, the QWR video and the what happens after video, they're going to be linked in the description as well. The record starts with the first letter. Build it.

[00:25:35]Understand the system, beat the system, and fund yourself. I'm Bisnic himself, and I've seen the other side.