Edward H. Smith
PMB 296 at 816 Elm St.
Manchester, NH 03101

Fax:(603) 218-6624 ehsportal@gmail.com  

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Background Information


 
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Welcome    


0.0 - For New Visitors
0.1
The Housing Bubble    
0.2
Homeowner Facts    
0.3
Using This Site    

1.0 - For Users
1.1
Unique Purpose and Objectives    
1.2
Disclaimer & Copyright Notice    

2.0 - Useful Links
2.1
Online Reference Sites    

3.0 - Key Concepts
3.1
Loss of Equity    
3.2
Securitization and Derivatives    
3.3
Foreclosure Defense Basics    

4.0 - Analysis
4.1
Ten Key Questions    
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Mortgage Holder?
Note Holder?
Assignments?
Servicer(s)?
Accounting?
Total Liens?
Market Value?
Equity?
Foreclosure Alternatives?
Pending Foreclosure?
   

5.0 - Options
5.1
Foreclosure Defense Checklist    
 
Notice Deficiencies
   
 
Lack of Debt Validation
   
 
Lack of Legal Standing
   
 
Forbearance Frauds
   
 
Verbal Misrepresentation Tactics
   
 
Forgeries & Fake Documents
   
 
Securitization Issues & Blank Endorsements
   
 
Conflicts of Interest
   
5.2
Contingent Liabilities    
5.21
Mortgage Modifications    
5.22
Short Sales    
5.23
Deed-in-lieu of Foreclosure (DIL)    
5.24
Bankruptcy    

6.0 Strategy
6.1
Mindset    
6.2
Pitfalls    
 
Deadlines
   
 
Pro-Active
   
 
Writing
   
6.3
Strategy Components    
 
Debt Dispute
   
 
Current Investment
   
 
Housing Crisis
   
 
Attempted Modification
   
 
Title Defects
   
 
Document Requests
   
 
Note Details
   
 
Response & Resolution
   
 
Deception
   
 
Good Faith
   
 
Legal Standing
   
6.4
Strategic Summary    

7.0 Exhibits
7.1
Exhibit A
General Information for Homeowners Facing Foreclosure
   
7.2
Exhibit B
The Real Solution to the U.S. Mortgage and Foreclosure Crisis
   
7.3
Exhibit C
The Power of a Letter
   
7.4
Exhibit D
Foreclosure Defense - Actual Letters
   
7.5
Exhibit E
Legal Issues, Considerations, & Representation
   
7.6
Exhibit F
Additional Information and Help With Your Foreclosure Defense
   
7.7
Exhibit G
Homeowners' Petition
   

8.0 - Basic Pro Se Guide
8.1
Disclaimer    
8.2
Instructions    
8.3
Contents    
8.31
Court Procedures & Rules    
 
Case Name & Number
   
 
Court Rules
   
 
Failure To Appear
   
 
Continuances
   
 
Fundamental Right To Be Heard
   
 
Pleadings & Communications
   
 
Basic Hearing Procedures
   
8.32
Facts & Evidence    
 
Information To Gather
   
 
Discovery
   
8.33
Applicable Law    
8.34
Case Management    
 
Setting Up Files & Records
   
 
Case Strategy
   
8.35
Trial & Decision    
 
Standards Of Proof
   
 
Settlement Options
   
 
Case Presentation
   
 
Final Decision
   
8.36
Appeals    
 
Appealing A Court Decision
   
 
Protecting Appeal Rights
   
8.37
Common Misconceptions    
 
The Court Will Protect Your Rights
   
 
The Truth Will Prevail
   
 
Judges Are Impartial
   
8.38
Additional Information and Resources    
 
Intimidation Tactics
   
 
Financial Considerations
   
 
Extra Help & Referrals
   

9.0 - Case Law
9.10
Fraud on the Court    
9.11
Abuse of Process (NH)    
9.12
L/T Trial Transcript (NH)    
9.13
Amendment to Pleadings (NH)    
9.14
Substance over Form (NH)    
9.15
Related Cases (NH)    
9.16
Firsthand Review (NH)    
9.17
Factual Findings (NH)    
9.18
Dismissals (NH)    
9.19
Summary Judgment Standard (NH)    
9.20
Attorney Truthfulness (NH)    
9.21
Fraud (NH)    
9.22
Compensatory Damages (NH)    
9.23
Collateral Estoppel & Res Judicata NH)    

10.0 - Court Decisions
10.1
NH Court Decisions    
10.2
MA Court Decisions    



 

Background Information



Ed is a 1970 graduate of Dartmouth College with a life-long career as an independent business and financing consultant. His experience in venture capital began with his engagement to speak at the TECHNOLOGY/IMPEX New Inventions and Products Expo at Monroeville, PA in the early '80s hosted in cooperation with the US Department of Commerce. Also in the 1980s, Ed's business group was offered the opportunity to develop and deliver a small business management short course at the University of New Hampshire and his work history included the development and marketing of a derivative application of one of an earlier database software (R:BASE). From 1991 to 1995, Ed represented a group of Pacific Rim private investors with respect to buying some properties from failed banks as well as evaluating venture capital investments. This work involved the production of extensive documentation and research with respect to financing proposals and placements. It also provided an "up-close and hands-on" exposure to, and experience with, the shortcomings of both the federal government and legal system to equitably deal with and resolve market failures which were the proximate result of what appeared to be "government-enhanced" speculation.

For several decades, Ed has continued his small business consulting activities and, at the same time, has conducted a great deal of research into the growing presence of unfair, deceptive, and unreasonable business practices facing American consumers. Additionally, dozens of clients have saved tens of thousands of dollars through the postponement and/or cancellation of foreclosures and evictions in the wake of the current national housing crisis.

It should be noted that Ed is also intimately familiar with the civil legal process and its relationship to the self-serving interests of political factions and special interests; all at excessive costs and expenses which simply can not be afforded by a vast majority of American consumers and taxpayers. As a result, Ed has also helped many clients get organized and prepared when they have been thrust into the legal arena; in order to dramatically reduce legal costs.

At this point in time, however, Ed believes that we are faced with a set of circumstances which dwarf the bank and market failures of the late '80s and early '90s; and which may be unparalleled in U.S. history. For this reason, he is currently focusing his efforts in two major areas:

  1. researching and exposing the illegal operation of "foreclosure mills" which have destroyed, and will continue to destroy, the "American Dream" for thousands, if not millions, of homeowners - the unsuspecting pawns in the so called "securitization" of mortgages on Wall Street that generated mind-boggling profits through derivative financing arrangements; and

  2. coordinating the continuing development and use of an extensive database of resources and referral network to assist both individuals and businesses caught in the wake of recent the economic conditions and are faced with a host of financial losses and other damages.

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