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Deadly Clear 
There was never a contract between
The investor and the home buyer!
If that I the case than the home owner
is a third party to the pooling and servicing agreement and has standing
too use that as a defense in a foreclosure when the loan never made
It too the trust in time.
Here’s another tidbit – if you can locate a Flow Mortgage and Sale Agreement – you may find the simultaneous loan procurement to securities exchange was coinciding with the mortgage loan transaction. The originator who calls itself a lender, was likely also a seller… Which, according to case law, can create a special agency relationship between the borrower and the originator – because the lender was a seller AT THE SAME TIME. That doesn’t mean that the assignment was ever made – but if the court is stubborn, ignores the assignment late dates, and refuses to read the FCIC report…then try those shoes on for size. Ask for the documents in discovery.