The problem as illustrated by many scholarly articles and articles on this blog is that courts are given to treat plaintiffs and claimants as holders in due course without anyone asking them to do so. The first thing you need to know about Foreclosure is that it is only about money. If you have the […]

Tags: Article 3 UCC, article 9 UCC
Posted in Corruption, evidence, expert witness, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, Servicer |

Watch out for the discrepancy between enforcement of a note and enforcement of an encumbrance. Enforcement of the note requires proof that the claimant is the owner of the debt, or has been authorized by the owner of the debt to enforce the note. Enforcement of the mortgage requires that the claimant be the owner of the debt.  Judgment on the note can be rendered based upon legal presumptions arising from the UCC as adopted […]

Tags: Article 3 UCC, article 9 UCC, DEED OF TRUST, Mortgage, negotiable instrument, note, presumptions
Posted in evidence, foreclosure defenses, legal standing, Pleading |

For those of us that have access to the data, we know that homeowners are winning foreclosure cases all the time. Nobody else knows because as soon as a homeowner wins or gets into a winning position they are offered money for their silence. The situation worsened when Florida and courts in other states turned […]

Tags: Article 3 UCC, attorney fees for homeowners, extrinsic evidence, Fla Supreme Court, glass v nationstar, Ivanova, negotiability, parole evidence
Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, legal standing, Pleading, Servicer |

The answer is yes but the movement of the debt is often, all too often, presumed to have occurred. After more than a decade of research and analysis I find no support for the informal “doctrine” that the debt, note and mortgage can be used interchangeably. But the human inclination is to treat them the […]

Tags: Article 3 UCC, article 9 UCC, assignment, debt, DEED OF TRUST, merger doctrine, Mortgage, note, self-serving statements, transfers, TRUTH
Posted in Uncategorized |

MERS is not, as its proponents claim, a device for eliminating the recording charges on legitimate purchases and sales of mortgage loans; instead it is a “layering” device (another Wall Street term) for creating the illusion of such transfers even though no transaction actually took place. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message […]

Tags: Article 3 UCC, fraud, investors, maker, MERS IT, mortgagee, originator, Payee
Posted in Uncategorized |

It’s time to sit up and take notice. Judges are turning the corner and getting pretty angry about what passed before as evidence. In April this order seemed like a shot in the dark. But now, we are seeing more and more judges actually study the chain of alleged transactions relied upon those who seek […]

Tags: Article 3 UCC, Assignment and Transaction, boarding process, consent order, HSBC, Kathleen Cully, Ocwen
Posted in Uncategorized |

For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t be too quick admit the […]

Tags: Article 3 UCC, article 9 UCC, brokers, CERTIFICATES, Drier, Florida Statutes, fraud, HOLDER, holder in due course, insurance, IPO, joint stock companies, Madoff, Ponzi, ratings, recoupment, REMIC Trust IPO, rescission
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |