PMA Litigation Support

Foreclosure Assistance

Member Program

U.S. Equity Initiative, PMA has put together an alternative to the existing programs intended to help homeowners facing foreclosure of their residence. We at U.S. Equity Initiative, PMA are dedicated to helping homeowners who have, often through no fault of their own, found themselves subject to a mortgage that they either cannot afford or that is so far underwater that it is not in their financial best interest to continue making payments.
Many of the programs that had modest success in the early days have fallen into disfavor as banks have enacted strategies to counter their progress. The banks are not going to go down without a serious fight. They have a large arsenal of tools to use, and the legal muscle to keep the industry off balance. This is not a static game.

The reason that banks have been successful, for the most part, in protecting the large number of mortgages that were securitized is that there is an intricate web of legal theories that they hide behind to justify what they have done. In effect, they have created a shell game where the ball seems to move around in defiance of the laws of physics.

The banks are relying on a complex interaction between UCC 3 commercial paper law, UCC 9 securitization law, bailment law, agency law and local laws of the jurisdiction where the property is located. They would have us believe that what they have been doing since the 1970’s is perfectly legitimate.

Many lawyers who have challenged the banks have gotten close to exposing the scheme only to find that judges retreat away from the complexity of the legal theories involved and fall back on procedural barriers under the auspices of protecting the equitable interests of the banks and their agents.

The foreclosure Assistance program put together by U.S. Equity Initiative has moved the bar forward in many substantial ways:

  1. Our Private Administrative process is a targeted approach to Informal Discovery:
  2. The primary focus of the legal aspect of our program revolves around taking the theories and best practices that have been most successful around the country and make refinements.
    – GLASKI in Layman!
  3. Our program seeks to avoid getting mired in the complexity of the various areas of law involved, instead focusing on a simple, focused approach that makes it harder for judges to avoid the strength of our core arguments.
  4. The U.S. Equity Initiative, PMA trustees and executive team have a diverse set of skills and significant experience in the core areas that will improve the success factors for our operations.
    • Member training program in key areas:
      1. Quieting a Cloud on Title Webinar Series
      2. Preparing for Litigation with Competent Evidence

A Brief Overview of Our Litigation Strategy

U.S. Equity Initiative, PMA has spent an exhaustive amount of time analyzing all of the cases that have been successful in resolving mortgage securitization problems. We have designed our legal information litigation strategy to hit the banks hard and fast where they are most vulnerable. Our primary focus is on getting clear and marketable title to the property by arguing that the actions of the banks have made the security provisions of the mortgage/deed of trust unenforceable. Instead of fighting the foreclosure itself head-on, we argue that none of the banks or their agents has the right to enforce the foreclosure provisions of the Mortgage/Deed of Trust.

In effect, if none of the banks have standing to enforce the foreclosure provision, we are entitled AS A MATTER OF LAW to a declaratory judgment of Breach of Contract (Security Agreement) that is res judicata, ie., a permanent ban on foreclosure.

Res Judicata and Collateral Estoppel