Every time a homeowner wins in foreclosure the investors are actually protected. It’s the sale of the property and/or entry of the foreclosure judgment that cuts investors off from their investment. Weird, right? An article in the recently published Florida Bar Journal illustrates perfectly the confusion that occurs within the courts and by lawyers when […]

Tags: ARTICLE 9, assignment of mortgage, consideration, Transfer of mortgage, UCC, UNIFORM COMMERCIAL CODE
Posted in discovery, evidence, Fabrication of documents, foreclosure defenses, legal standing, Pleading |

A client of our internet services store asked a simple question. He had asked the opposing side if they were a holder in due course. What he received was evasive and misleading and essentially never answered the question. Now what? Below is my answer to his question and what we will be discussing tonight on […]

Tags: ARTICLE 3, ARTICLE 9, HOLDER, holder in due course, legal presumptions, Presumed facts, TRUTH, UCC
Posted in Uncategorized |

The UCC is not ambivalent about protecting both the maker of a negotiable instrument and the party seeking to enforce it. The maker does not assume the risk of double liability except for instances where the note is purchased for value in good faith and without knowledge of the borrower’s defenses. In all other circumstances […]

Tags: ARTICLE 3, ARTICLE 9, negative amortization, negotiable instrument, TILA rescission, UCC
Posted in evidence, Pleading |

Our legal history has many examples of enormous errors committed by the Courts that were obvious to some but justified by many. The result is usually mayhem. The cause is a bias toward some underlying fact that was untrue at the time. Some examples include  the infamous Dred Scott decision where the Supreme Court ruled […]

Tags: ARTICLE 3, ARTICLE 9, bias, foreclosure, Mortgage, negotiable paper, note, rescission, TILA, UCC
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, ARTICLE 9, assignments, debt, holder in due course, Note and Mortgage, purchase for value, UCC
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Motions, Pleading, securities fraud, Servicer |

Corroborating what I have been saying for years on this blog, the Supreme Court of the state of California is reasserting its position that if entity ABC wants to collect on a debt in California, then that particular entity must own the debt. This is basic common sense and simply follows article 9 of the […]

Tags: ARTICLE 9, borrower, California Supreme Court, creditor, DEBTOR, Glaski, Investor, ownership of the note, recusal, UNIFORM COMMERCIAL CODE
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

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Tags: 9TH CIRCUIT, AHMSI, ARTICLE 3, ARTICLE 9, Bank of America, bankruptcy, BAP, borrower, countrywide, creditor, disclosure, Eviction, foreclosure, foreclosure defense, foreclosure offense, fraud, lender, Lender Liability, MERS, mortgage meltdown, motion to lift stay, NINETH CIRCUIT, note, Option One, PROOF OF CLAIM, PRUDENTIAL STANDING, quiet title, REAL APRTY IN INTERST, rescission, securitization, standing, TILA audit, trustee, UCC, UNIFORM COMMERCIAL CODE, Wells Fargo
Posted in bubble, Corruption, Eviction, securities fraud |