One common thread in the emails I receive is the complaint that the borrower’s lawyer failed to agree or find that the the debt, note  or mortgage was owned by a trust. The reason for that is that in order for “the trust” to be the owner of the debt, it must exist.

In most cases, if you look carefully you will see that even in nonjudicial foreclosures and always in judicial foreclosures there actually is no assertion that a trust exists, or that the certificate holders have an interest in the subject debt, or that the “trustee” owns the debt on its own behalf or on behalf of anyone else. Instead, everyone seems to assume that the assertion was made. But I have found no instance in which the assertions were actually made. The result is that homeowners are fighting a ghost.