For clarification purposes:
There are two different Javehari cases. BPIA did not assist in the first case in which the trust data proved to be inaccurate.
The Bloomberg evidence shows that the loan balance was decreasing during the time period where the borrower allegedly was not making payments. The certificateholders (beneficiary)were receiving payments regardless. If you had a rich uncle that was sending in your payment every month, can the so-called lender still foreclose because the payment wasn’t coming from the named party on the Note? I think not!
The Bloomberg evidence shows that the loan balance was decreasing during the time period where the borrower allegedly was not making payments. The certificateholders (beneficiary)were receiving payments regardless. If you had a rich uncle that was sending in your payment every month, can the so-called lender still foreclose because the payment wasn’t coming from the named party on the Note? I think not!