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Why They Sue as Holder and Not as Holder in Due Course

6 Comments / AMGAR, CASES, CDO, Corruption, evidence, expert witness, foreclosure, foreclosure defenses, GTC | Honor, Investor, Modification, Mortgage, originator, Pleading, Servicer, Trust Beneficiaries, trustee / By

Parties claiming a right to foreclose allege they are the “Holder” and do not allege they are the holder in due course (HDC) because they are ducking the issue of consideration required by both Article 3 and Article 9 of the UCC. So far their strategy of confusion is working. They are directly or impliedly …

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Here it is: Nonjudicial Foreclosure Violates Due Process in Complex Structured Finance Transactions

265 Comments / Corruption, education, escrow agent, Eviction, evidence, expert witness, Fannie MAe, foreclosure, foreclosure defenses, foreclosure mill, GARFIELD KELLEY AND WHITE, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, Pleading, securities fraud, Servicer, Statutes, Trust Beneficiaries, trustee / By

No, there isn’t a case yet. But here is my argument. The main point is that we are forced to accept the burden of disproving a case that had not been filed — the very essence of nonjudicial foreclosure. In order to comply with due process, a simple denial of the facts and legal authority …

Here it is: Nonjudicial Foreclosure Violates Due Process in Complex Structured Finance Transactions Read More »

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