Most people, including homeowners, believe that the homeowners do owe the money and that the entities that are attempting to foreclose should win. That is why the free house myth is so pervasive. The result is that foreclosures are being granted to entities that (a) do not exist or (b) have nothing to do with …
Basic Black Letter law: A debt can only be transferred by the owner of the debt. The owner of the debt may use agents or intermediaries to accomplish the transfer of the debt. If an intermediary executes a document of transfer without reference and identification of the owner of the debt, the document has potentially …
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 …
Why They Sue as Holder and Not as Holder in Due Course Read More »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: FROM ARIZONA LAW, BUT JUST LIKE ANY OTHER STATE, it only makes sense that you neither have a debtor nor a creditor if they are not named or sufficiently described for identification. If you can’t identify the debtor or obligor, then …
UCC: NO NAME, NO RIGHTS — IMPERFECT LIEN IF ACTUAL SECURITY HOLDER NOT NAMED Read More »
