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  • Discovery Tactics

Defense No Voice
The Defense Does Not Have a Voice and That is Why YOU Are Losing!
| March 25, 2014

DISCLAIMER: THE CONTENT IN THIS BLOG IS FOR INFORMATION PURPOSES ONLY AND IS NOT TO BE MISCONSTRUED AS LEGAL ADVICE! Anthony Martinez is a Litigation Discovery Expert, Consultant and Strategist. Neither Anthony Martinez nor his firm AMA engage in the practice of law and only provide Case Management Consulting (“CMC”) and Legal Process Outsourcing Services (“LPO”) to licensed practicing attorneys. AMA will provide public information only and will not provide any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies.

DON’T LOSE YOUR CASE!  RETAIN ANTHONY MARTINEZ AS YOUR TRIAL WITNESS TODAY!  Obtain the most advanced, state of the art Securitization and Forensic Audit Analysis Reports and Professional Loan Note Examination Analysis and Audit Reports from e-Logic Group (www.e-logicgroup.com). Sign-up today for e-Logic Group’s INTRODUCTION – HOW TO BECOME A PROFESSIONAL LOAN NOTE EXAMINER. Lean more about AMA Global Group’s Reverse Debt Collection Platform and Services at www.amaglobalgroup.com

Tune in every Thursday evening at 7pm and listen to the controversial live or archived conversations of real property litigation with expert guests on Blog Talk Radio’s - Who Stole Your Loan Radio - Hosted by Anthony Martinez.  Look for up and coming Webinar Events  and Seminar Events  presented and hosted by Anthony Martinez who talks specifically about Unlawful Foreclosure Fraud, Exposing the Fraud, the importance of a Defense Trial Witness, Loan Note Examination and How to Become a Professional Loan Note Examiner in addition to advanced discovery information, tactics and strategies!


For years now homeowners have been looking for the smoking gun, the silver bullet that puts an end to the banks rampage.  We’ve all tried to do it in a case killer pleading like a motion to dismiss, more definite statement of summary judgment motion.  We’ve all tried to hire that great lawyer to bring it home for us by being great in hearings or crossing well in non-jury trials to prevent the admitting of documents through hearsay.  Some things work, some things don’t and in the end, the stats still show the banks overwhelmingly succeeding against the defense.

In the end, if the case is not dismissed and moves to Final Summary Judgment or Non-Jury Trial, what do you really have?  It’s a slap in the face to watch these Servicer Corporate Witnesses come in and talk about documents they’ve never seen until a few days before the hearing, figures they never imputed themselves and facts things they simply have no personal knowledge of.  Sure a good defense attorney or even a pro-se defendant for that matter can cross and raise arguments to the court but ultimately no attorney can testify.  The banks put up these corporate witnesses for one reason and one reason only which is to lay the foundation that will allow the note, mortgage, assignment, pay histories and other documents in as evidence under the hearsay exception rule.  They create a voice for the Plaintiff and truth be told that’s all the court hears because the reality is, the Defense NEVER puts up a witness that gives the defense a voice.  A homeowner as a witness is not the voice of the defense.  A homeowner as a witness is usually a target for the bank to ask the most obvious question - is that your signature?  And no matter how good you may have legally maneuvered around that question, the judge isn’t buying it.  In fact, I’ve seen judges give verbal warnings about jail time to both defense counsel and homeowners about saying that’s not their signature under oath and after the verbal warning the homeowner gets up there and says yes that’s my signature.

If you follow my blog then you probably follow Neil Garfield’s, Matt Weidner’s, Mark Stoppa’s, Deadly Clear, Foreclosure Fraud and many others that talk about all the factual evidence that supports why a bank shouldn’t be able to foreclose.  You may order securitization audits and even our loan note analysis audits to present to the court but again, where is the voice of the defense?  So what if you could have a defense witness that could point out all of the problems with a foreclosure case from the allegations in the complaint to the exhibits.  Someone who could point out how the life of the loan through the securitization process does not match up with the assignment of mortgage or the endorsements on a note.  Someone who can discuss how the allegations in the complaint and the assignment of mortgage show the note was transferred knowing a default had occurred and the transfer is subject to UCC 9 requiring proof of the transfer chain and not UCC 3.  Someone who could talk about New York Trust Law and how the assignment to the Trust is a violation of the PSA and NY Trust Law.  Someone who could rebut the Corporate Witness is a sub-servicer and not a servicer in direct contract with the Trustee or the trust and has no authority to be here in court testifying on the Trustee’s behalf according to the PSA.  Someone who can lay foundation for the introduction of documents that refute the Plaintiff’s position it is the rightful party to bring this foreclosure action.  What if that someone was very well knowing in the industry as a discovery expert and consultant with over 18 years experience?

You see I am that someone.  I’ve come to realize that a judge is hard pressed to rule in favor of the Plaintiff when the defense has a voice.  One that is definitely much stronger than a corporate witnesses voice.  One that can offer a strong record of facts in case the court still grants the foreclosure and an appeal is necessary.  I am the person who can accomplish that.  Let me say this too:


You need to be ready because although you may find yourself in front of a very bias pro bank judge, the appeals court is not as biased and a good record deserves to be pushed to the appeals court because your case may be that case that changes the state of foreclosure throughout your state.  You should never stop fighting until you can’t fight anymore!  With that in mind I have created a model that I believe would benefit EVERYONE faced with a Final Summary Judgment Hearing or a Non-Jury Trial Hearing and I recommend all attorney’s who want to give their clients the best opportunity to win their case and clients directly to contact me immediately.  The hearing package I am offering may change the industry standard all together and I am certain I am the ONLY ONE in a position to offer this model.

I am only taking email inquiries at this point in time at trialwitness@amaexperts.com. 

The email inquiry should include you name, phone number, case style i.e. Wells Fargo v. JoHn Doe, case number and status of case i.e. summary judgment or non-jury trial hearing coming up on such and such date.  Once your email is received, you will get a response email and conference call time.


I am confident you will engage my services after the phone consultation.  I look forward to hearing from you and helping you all!

- Anthony Martinez

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