Judges may be biased in favor of “national security” (i.e., protecting the banks), but they have a surprisingly low threshold of tolerance when they are confronted by the bank’s argument that they don’t have to accept the money and that it is the bank’s option as to whether to accept the money or proceed with […]

Tags: ARTICLE 3, bondholders, Golden Rule of Mortgage Foreclosure, holder in due course, merger doctrine, MERS, noteholders, PETE, proper negotiation of ntoe, UCC
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You can prove your point thus rebutting the legal presumptions that attach to facially valid paper by starting at the top of the paper trail, the bottom or anywhere in between. You won’t find a single transaction in which money exchanged hands. That means whoever transferred this “valuable” note received no payment. The transportation of […]

Tags: discovery, foreclosure defense, fraud, HOLDER, holder in due course, PETE, possessor entitled to enforce, securitization
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For further information please call 954-495-9867 or 520-405-1688 ================================ see Article by Lane Powell PC Scott M. Edwards and Daniel A. Kittle I hate to be petty but if you look back to my articles in 2007-2008 you will see that I predicted that ultimately, the way this was done in practice (as opposed to […]

Tags: collateral, HDC, Homestreet, PETE, REMIC, splitting note and mortgage
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For further assistance please call 954-495-9867 or 520-405-1688 ———————————— Carol Molloy, Esq., one of our preferred attorneys is now taking on new cases for litigation support only. This means that if you have an attorney in the jurisdiction in which your property is located, then Carol can serve in a support role framing pleadings, motions […]

Tags: American Brokers Conduit, Chrsitiana bank, Donald duck loans, HAMP, HDC, PETE, PSA, Quicken Loans, REMIC TRUST, RESPA, The Money Source, TILA, Transfer without sale, UCC
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For Further information or assistance please call 954-495-9867 or 520-405-1688 ————————————– see 13-450 N Carolina Appellate Decision on Holder, PETE, HDC and Owner of the Debt 2013 Decision There are several interesting features to this appellate case, not the least of which is that it comes from North Carolina which has not been particularly friendly […]

Tags: dismissal with prejudice, HDC, HOLDER, money trail, North Carolina Appeals Court, Ownership of Debt, Payee on the note, PETE, right to amend
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For further information and assistance, please call 954-495-9867 or 520-405-1688 —————————— Let’s start with the study that planted the seed of doubt as to the validity of the debt, note, mortgage and foreclosure and whether any of those “securitized debt” foreclosures should have been allowed to even get to first base. Katherine Ann Porter, when […]

Tags: discovery, foreclosure, holder in due course, lost note, Master Servicer, money trail, PETE
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For further information please call 954-495-9867 or 520 405-1688 ——————————————— § 3-301. PERSON ENTITLED TO ENFORCE INSTRUMENT. “Person entitled to enforce” an instrument means (i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights of a holder, or (iii) a person not in possession of the instrument […]

Tags: PETE, UCC, UCC 3-301
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