Getting the closing instructions and the closing documents, including the wire transfer receipts and wire transfer instructions, one is able to piece tog ether that escrow was never properly closed. This could mean that escrow is still open — leaving open the option of a three day rescission. Dan points out in response to me […]

Tags: Bogan v. Wiley (1949), closing of escrow, conditions precedent to closing escrow, delivery of note, escrow agent, failure of delivery of an instrument, Jeannerette v. Taylor (1934), POSSESSION VERSUS AUTHORITY OR RIGHT TO ENFORCE THE INSTRUMENT], Sousa v. First California Co. (1950), Todd v. Vestermark (1956)
Posted in Corruption, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

From: Whitman, Dale …. UCC amendments that require a secondary market purchaser of a note to give credit for any payments made to the original payee of the note, if they were made before the maker of the note was notified that the note had been transferred. [Editor’s Note: This is exactly what happened in a […]

Tags: assignments, authority, Dale Whitman, delivery of note, foreclosure defense, MERS, negotiable instrument, recording, servicer, subprime mortgages, UCC, Whitman
Posted in Eviction |