Requiring proof from the foreclosing party without legal presumptions would reverse many if not most foreclosures.

The origination and “transfers” of documents is rife with forgery and fabrication. It’s not the exception. It’s the rule. It’s the only way that foreclosures could be pursued. The question is “Why?” This is an industry that basically created all of the documents and standards for custody, control and transfer of those documents. Why did they need to forge or fabricate anything? The answer is the complete absence of a money trail, except for payment of fees, commissions and bonuses.

Which brings us to the essential question of why would any document proffered by a bank or servicer be subject to any assumptions or presumptions. It’s in the public domain. The likelihood that the document is forged or fabricated or both is somewhere around 90%. There should be no presumption. The party proffering the…