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 […]

Tags: article 9 UCC, cross examination, free house, holder in due course, TRIAL OBJECTIONS, UCC Article 3, underwriting
Posted in Uncategorized |

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 […]

Tags: enforcement of mortgage, enforcement of note, transfer of debt, TRUTH, UCC Article 3, UCC article 9
Posted in Uncategorized |

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 […]

Tags: article 9 UCC, Assignment of mortgage under Article 9, debts, holder in due course. UCC, holder under Article 3, mortgages, notes, originator of loan, originator of note execution, secured transactions, structured finance, UCC, UCC Article 3, UNIFORM COMMERCIAL CODE
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Pleading, Servicer |

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 […]

Tags: bankruptcy, borrower, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, modification, quiet title, rescission, RESPA, securitization, TILA audit, trustee, UCC, UCC 9-301-304, UCC Article 3, WEISBAND
Posted in bubble, Corruption, Eviction, securities fraud |

Go Davet GO!!!!!! The Court House:
 How One Family
 Fought Foreclosure By AMIR EFRATI
December 28, 2007; Page A1 BEACHWOOD, Ohio — Faced with the threat of foreclosure, many homeowners give up and abandon their homes. Then there’s Richard Davet. He and his wife, Lynn, lived in a six-bedroom home in this Cleveland suburb for nearly 20 years […]

Tags: Davet, foreclosure defense, holder in due course, Ohio, ownership of mortgage, UCC Article 3
Posted in Eviction |