ArtsAutosBooksBusinessEducationEntertainmentFamilyFashionFoodGamesGenderHealthHolidaysHomeHubPagesPersonal FinancePetsPoliticsReligionSportsTechnologyTravel
  • »
  • Personal Finance»
  • Mortgages & Loans

How to gain truth from a document 2: Own hand and Signatures, foreclosures

Updated on October 3, 2014

The halls of justice require diligence in order to serve the people

It is not the big old halls of justice that scare me nearly so much as the depth of human depravity that brings us there.
It is not the big old halls of justice that scare me nearly so much as the depth of human depravity that brings us there. | Source

The Science of Auditing paperwork in foreclosures

Just about 3 years ago I was working on a litigation matter that involved a million dollar home. It was a foreclosure matter. The lender/servicer had done some things wrong but they were curable. The homeowner was sure he had been bamboozled and that the house was really only worth 750k. We hired a fancy lawyer and got to work on the case. The lawyer did very little as we tried out some pre-litigation strategies. We took the lender to task and demanded all paperwork evidencing any debt, worth of house and chain of title. And then of course we set out to find the documents from alternative sources, public and private.

Yikes I just read this again and was scared by my bombastic lecturing style.


This was supposed to be about normal logical stuff that brought the truth closer to home. Well read on and get a belly full. It kind of needs to be said and understood. I reckon this hub is not for the ignorant.

Forensic Audit. That sounds very heady and complicated but it is not. Forensic is just the application of scientific principles to matters that have a role in the issuance of justice. Most of the science used in documentation is just good common sense, however we like to say logic. Logic is in fact a science, it has all kinds of laws and mathematical equations to set up a structure of examination of a proposed fact and is usually quite accurate. Sorry to say it is not for the weak minded and is really difficult to apply well. That paper has a watermark that seriously predates (1907)the matrix printer that printed on it. Therefore who ever and whenever they printed this document had access to paper that was very old and so it was not printed near the time of production of the paper. Dot matrix supplies a working timeline and the paper a suggestion of who and where. Extrapolation from there requires more. This does not suggest that someone had a dot matrix printer in 1907. You see it is just common sense by applying the science of logic.

Can you do it?

Have you ever really sat down and read a 4,000 word legal document that you signed?

See results

The first one is sticks and pebbles that will not break my bones.

I like looking at dirt. So I am nuts,,, get over it.
I like looking at dirt. So I am nuts,,, get over it. | Source
That is my Nina she loves me.
That is my Nina she loves me. | Source

If consistency is found in the numbers, cool, if perfect consistency - watch out!

Audit is a term most of us associate with strict accounting principles and mathematics. Of course that is part of a forensic audit but the most important part of an audit is logical binary consistency in the paper trail. This includes numbers “adding up”, percentages being right and dates that reflect appropriate summation of numbers. It is way cool. A little bit lopsided against big corporations. Did you know that at best 6 times out of 10 times your grocery store checkout has errors? Think of the millions of calculations a day that are compiled by lenders! How often do they have it right?

Documents are frail. So I worked with a guy on alleged defaulted student loans from the 70’s and 80’s, and by golly the accusers of this alleged debt could not produce a reasonable facsimile of any document that proved he was a debtor at all. I would say that at least 100 times in my short life I have encountered lenders that claim a debt is owed without any provable documentation at all. But people pay to protect their credit so even highly dubious claims of debt are paid with no proof of the debt. Maybe they all owe or maybe not.

Justice is not a right or privilege, Justice is earned.

Courts do not go out and investigate. Courts do very little evaluating of evidence. Diligence and hardwork are necessary for and advocate.
Courts do not go out and investigate. Courts do very little evaluating of evidence. Diligence and hardwork are necessary for and advocate. | Source

The crazy folks calling fowl, turned out to be right. Attorney Generals in all fifty sates agreed.

Back to my friend with the foreclosure problem. Everything came in perfect. All the numbers added up and all the signatures were there and the timeline followed right on the money. My guy was dead in his tracts. (pun intended) I laid my weary head down on my examining table to catch some shut eye. And a vision popped in my mind. A signature and a name. Where had I seen that before and when? Wow! In two different client files. And they were not the same lender. Now I relooked at an assignment the lender made to another lender and then a subsequent transfer to a trustee. Wow the same signatory belonged to all three companies. Again I reflected on all the numbers being perfect, almost impossible.

You see the signatures were real. The numbers were perfectly correct. But how could one person work for three competing companies. Well they were Robosigners. People actually paid around minimum wage to sign carefully drafted documents all day long, they were even given Vice President Statuses and because of the inbreeding of large lenders they appeared to be working for several competing companies simultaneously.

So a science based approach to the auditing of documents was doomed to failure. But a major fraud in the industry was detected almost simultaneously by forensic people across our nation. The science did not reveal it but the human factor caught the problem.

Proof of legitimacy of a document can be evasive. Proving a document is fraudulent can be near impossible. But all matters of human concern are open to the powers of observation and reasonable deductions stemming there from. Proving the truth of a matter alleged in a document should be easy enough. But in today’s mega corporation reality, do not believe what you read, do a forensic audit on your own credit card statements and utility bills. If there is a mistake, point it out. If there is no mistake, scratch your head and wonder.

I am still just that little bitty baby.

Life is good when you are alive. Truth is when you can feel your legs.

Source

Friends: Truth is when you have eyes to see.

Mostly it is lack of looking that prevents us from finding truth. Normally we just do not care to look and that is fine. Except when it isn't. Buy a pair of reading glasses and start looking at things for what they really are not what we just accept.

Watch out!

This article was written by Eric Dierker. I reserve all rights to this article and desire no duplication without attribution. On the other hand feel free to share the content just let folks know where it came from. Copying it and claiming it as your own would be stupid and subject you to my legal harassment of you. Besides if someone asked you what it meant you would not know so yes it is copyright protected as original work by me. Just leave a comment to ask to use it elsewhere and please share it.

To read more by this fascinating author visit www.thedierkerblog.com, Eric Dierker on Facebook and Pinterest and my sweet blog resipsaloquitor on google blogs.

OK I admit it, I need more publicity. If you steal this content please let me know so I can make a big deal out of it and get some press time.

Comments

    0 of 8192 characters used
    Post Comment

    • violetheaven profile image

      Jessica Ellen Holbrook 5 years ago from Newark, DE, USA

      its a matter of faith and determination. It takes some logic to piece together something otherwise unseen. If the faith is there you will find the drive. Search for anything hard enough and you'll find it. Proof can be made, for the die hard believer of that thing, from anything, more or less.

    • vveasey profile image

      vveasey 5 years ago from Detroit,MI

      Ericdierker

      You seem to be saying that nomatter how discredited or unverifable some belief is, it's still some very low level of evidence.

      But how valuable would such a low level of evidence be to you, if you're trying to convince or persuade yourself, to take seriously the point you're using it to support?

    • artblack01 profile image

      artblack01 5 years ago from New Mexico

      Evidence is a funny thing, an idiot can say that a car grew from a tree and his proof would be that he couldn't afford a car otherwise, as he runs down the street beeping a plastic horn.

      Seriously though, you can take an object and say it is evidence for one thing or another, yes it is still evidence for something but will it ever be evidence for what you believe? Only if you want it to be. Good luck with your fantasy.

    • Ericdierker profile image
      Author

      Eric Dierker 5 years ago from Spring Valley, CA. U.S.A.

      For some not much for others maybe a whole lot. But the cool part is, is that we are now talking about the real issue. Not whether there is no evidence, but rather what is the weight to give it?

      As for your earlier second part “if the evidence (their belief) can't be validate doesn't that take away its value as evidence?” Awesome and to the point question. Most assuredly it takes away from its’ value as direct evidence. But it does not make it, not evidence.

    • vveasey profile image

      vveasey 5 years ago from Detroit,MI

      Eric

      If it's discredited and there's evidence to contradict it, how much weight does it still contain as valuable evidence?

    • Ericdierker profile image
      Author

      Eric Dierker 5 years ago from Spring Valley, CA. U.S.A.

      Hi VVesy. "How is a person's belief evidence in support of the truth of what they believe?" If a person believes something to be true that proves that what he believes is true to him. You may not trust him, or you may try to discredit him or you may provide contradictory evidence -- but it is still evidence. (no it does not shut down any doubt all by itself but very seldom does one piece of evidence prove a fact)

    • vveasey profile image

      vveasey 5 years ago from Detroit,MI

      Eric

      I hate to get in between yours and Art's entertaining verbal sparring but..

      You say "Where we differ is whether or not that fact is evidence of the truth of the matter that what they believe is true. No doubt it does not "prove it on it's own". I contend that it is evidence in support of the truth of what they believe."

      How is a person's belief evidence in support of the truth of what they believe?

      secondly

      If the evidence (their belief) can't be validate doesn't that take away its value as evidence?

      The simple answer to each question separately please.

    • Ericdierker profile image
      Author

      Eric Dierker 5 years ago from Spring Valley, CA. U.S.A.

      Hi Artblack glad to see you dropped by. Millions of people that believe something does not prove anything except that millions believe. We agree. Where we differ is whether or not that fact is evidence of the truth of the matter that what they believe is true. No doubt it does not prove it on it's own. I contend that it is evidence in support of the truth of what they believe.

    • artblack01 profile image

      artblack01 5 years ago from New Mexico

      You really do fail at logic, Eric, you claim to have much logic but you make too many assumptions for there to be any logic in them. It's called intellectual dishonesty, not logic.

      Do you understand the concept called God of the gaps. Just because you don't understand the how, why, what, where when of something does not mean that the conclusion that is most popular is the truth. That is really bad logic.

    • Ericdierker profile image
      Author

      Eric Dierker 5 years ago from Spring Valley, CA. U.S.A.

      vveasy, The logic is the same. Where the problem lies is in a core fundamental truth. Emotions, Love and Faith are all true to me. They are identifiable and even quantifiable. They are not to empiricists. Well not to empiricists that deny a feeling exists, although there are many that accept the unseeable yet feelable as truth.

    • vveasey profile image

      vveasey 5 years ago from Detroit,MI

      Eric

      very detailed!

      It does seem like you rely more on proving your beliefs when it comes to the bible and Jesus, rather than using the strict logic you demonstrate in this hub.

    • Ericdierker profile image
      Author

      Eric Dierker 5 years ago from Spring Valley, CA. U.S.A.

      Yes indeed. And when UFOs and Harry have two millenium of followers to back them up, I will investigate their reality. As the concept of "legal" knowledge leave it alone. My expertise lies in logic not legalism. I do a bit of historian work and a bit of archeologist work but the bottom line is in anthropology where we tie human reality to science.

    • artblack01 profile image

      artblack01 5 years ago from New Mexico

      It's too bad you don't use your "legal" knowledge to study the legitimacy of the Bible as a historical record of what really happened during that time period... if you were a historian/archeologist, you might actually discover that what you were reading was just another Harry Potter book.

    • Ericdierker profile image
      Author

      Eric Dierker 5 years ago from Spring Valley, CA. U.S.A.

      JayeWisdom, Sorry to report this and similar problems are a constant. The numbers are so huge that it boggles the mind. But here is the clincher; If it costs combany A so much per customer to do it right, then we can figure out how many customers would know if we do not do it right. Then we compare the cost of getting caught with the cost of doing it right and we end up with toooo much corporate motivation to cheat. In the foreclosure scandal, it ended up costing the lenders about one day of profit each.

    • Ericdierker profile image
      Author

      Eric Dierker 5 years ago from Spring Valley, CA. U.S.A.

      Mr. Happy, Thanks for visiting. You pretty much hit the nail on the head except for the fact that accountants/CPAs/Lawyers and government oversight totally missed the problem. And in fact they probably had a big hand in creating the problem. So yea it is critical to enlist expertise but to rely on it blindly is an error.

    • Ericdierker profile image
      Author

      Eric Dierker 5 years ago from Spring Valley, CA. U.S.A.

      Violetheaven,

      Well said. I also think that we should take it upon ourselves to question authority. Especially when that authority makes money off of us.

    • Ericdierker profile image
      Author

      Eric Dierker 5 years ago from Spring Valley, CA. U.S.A.

      Theresa, Always good to hear from you. The intrigue is there. It is just a little boring compared to shoot em ups. But the essence of the discovery ended up with billions of dollars in settlements and corrections. I believe massive fraud will always eventually be "detected"

    • JayeWisdom profile image

      Jaye Denman 5 years ago from Deep South, USA

      Intriguing story, which begs the question: how often does this happen to unsuspecting victims? Your client was fortunate to have you on the case.

      Voted Up+++

    • Mr. Happy profile image

      Mr. Happy 5 years ago from Toronto, Canada

      Good thing You paid attention to the signature. I suppose that is why it is good to hire accountants and such.

      Thank You for sharing your story with us.

      All the best!

    • phdast7 profile image

      Theresa Ast 5 years ago from Atlanta, Georgia

      Erich -- This was absolutely fascinating. The science, the logic, the complex paper trails, the research and validation of documents....and then there is the human factor. What the exhausted human mind trying to relax a little, can suddenly detect and see. This was better than a detective story. :) Well, actually, it was a detective story. :) ~~Theresa

    • violetheaven profile image

      Jessica Ellen Holbrook 5 years ago from Newark, DE, USA

      So bottom line... don't rely on science or a computer alone to figure matters out. Its the human element that is needed to connect the dots that other man-made things can't. I like it. Thumbs and a couple clicks.