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 Loan Settlement and Foreclosure Defense Blog 
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Sunday, 07 June 2009

Disclaimer:  The following is for informational purposes and should not be construed or used or interpreted as legal advise.  Seek the advise from an experienced attorney. 

 

  1. Identify in the law where securitization or collateralization in the law is legal without knowledge, consent or authorization of signor or promissory note without Disclosure. Main issue here if the note is void then there is no debt!
  2. Identify law that shows that an original (note) cannot be replaced with a copy under any circumstance to prove holder in due course at least as holder with authority to foreclose.
  3. Laws that challenge nominee or trustee as a party in interest with authority to foreclose.
  4. Law that reveals that in contract law a contract without proper consideration is void. If the originator of the loan also is listed as the lender and the lender has table funded by using borrowers signed note as collateral to obtain wholesale loan in it's name then sells off instrument as a security. The lender lent credit secured by the borrowers asset (note) not money or any thing of value that was actually owned by the lender, Broker- originator) . Credit is the opposite of money.
  5. Assignments and the legal authority to foreclose with no date certain assignments, new trend is to place assignments after foreclosure that indicate prior assignment before foreclosure filing.
  6. Laws that show a lost note affidavit is no good as the person attesting is filing out affidavit in bad faith as affiant is attesting to hearsay and is not a party with personal first hand knowledge. This eliminated the holder in due course doctrine and other bogus claims that would indicate some control and or ownership over the original note.
  7. Laws that allow defendant to ask for sanctions against attorney for filing a suit without reasonable inquiry as an attorney has an obligation to investigate a potential cause of action before filing a complaint. Or filing affidavits that hide the fact that the evidence is truly not on the record but implied, this is fraud on the court and defendant.
  8. Law of voids that would void all court orders due to falsified or bad faith evidence that cannot be used as best evidence or lacks in proving a claim defects included like no notary and or proper signatures or signatures from unauthorized personnel.
  9. UCC codes that cover negotiable instruments as applied to security instruments and or notes. What distinguishes them from each other and who has the authority to convert such instruments and the lawful process.

    Want to know more??? Click Here to get started!
POSTED BY: shawn AT 03:27 am   |  Permalink   |  E-mail this
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