Angelo and Sandy,
I can tell you from my experience of this mess that the court room is always a double edged sword. Most of us want ALL the fraud out on the table but that has its consequences. If you keep the fraud out of your case and off the record they can’t prove much. No assignment, no note, no PSA, etc… then they have a hard time proving you’re in default. That is the object to everything approach.
The other approach is to allow the plaintiff to submit and swear to, with their witness, the fraud and then attack from there.
In these cases we are the defense, we defend. The plaintiff has all the burden of PROVING we are both in default and they have the right to foreclose. We as defendants have a curiously simple task of objecting and shifting the burden back to them.
In my case I had conflicting information on legal strategies. I spent hours reading and talking to many intelligent folks. Many people make great arguments and there are many ways to skin a cat but in the end you need to be informed and decide how the law will best serve you. I had an attorney and thought it best to talk out the options and opinions of others and let him do the litigating for me.
The idea of cherry picking cases and specific opinions of cases is a subjective thing. The problem that we all face is not the law itself, but in fact the judges and how they interpret the arguments and laws themselves. The judge decides the case based on the arguments presented, if you don’t argue your case well, you lose. No matter how right you are.
The main issue that took a while to sink in was evidence. What does that mean and what is it? It is not having 100 documents with so-called robo-signers on them and claiming they also signed your doc’s. It’s not hearsay and what happened to someone else. It is not what is going on in the media with the attorneys generals. It is all about the documents in your specific case and how you can prove that there are inconsistencies that show fraud and wrong doing. So how do we do that? Expert witnesses, thorough discovery, depositions, finding case law to support your arguments and being informed and not mislead.
Best advice on this message board is hire a competent lawyer.