“Holder” vs “Agency”
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Tonight I will discuss the central point of of false claims of authority to enforce the note, and inferentially the authority to enforce the mortgage.
In 2008, I called to confront a lawyer about the false claim of being authorized to enforce the note and mortgage, his reply to all my questions was “We’re a holder.”
No matter what I said or asked, that was his answer. He was relying upon a carefully thought out strategy of taking the term “holder” and stretching it to unimaginable lengths. And in that conversation it became clear that he — and the rest of the investment banking industry — were essentially “banking” on a single fact, to wit: that Judges are lawyers who went to law school and for the most part slept through classes on negotiable instruments. He was right.
Filed under: burden of persuasion, burden of pleading, BURDEN OF PROOF, discovery, Discovery -Subpoena, evidence, Fabrication of documents, foreclosure | Tagged: agency, HOLDER, holder in due course, Neil Garfield Show |
If someone can help me I would be eternally thankful.
My fight started in 2008 against Citimortgage. With the help of this board I got it dismissed in 2010. In 2013 US Bank started again and I was represented by Evan Rosen who got it dismissed in 2016. Now I was served and this time is Wilmington Trust and I can’t even find the trust on the SEC site. But my husband had a stroke last year and between medical bills and losing his job right now I am struggling to pay Evan Rosen again.
But my question is : Could I go in front of the Judge and tell him I want to pay my house with the condition that the Trust gives me my original blue ink signed note and an accounting of what I owe since i purchased my house ?
What happens if they don’t have the note? Because when people defend themselves they are never in the position to buy the house and I am not. But what if I say I am ?
Thank you very much for your help .
Legal minds: it sounds like the difference between a “right” and “power” to act under Agency law or equivalent.
Steve at Consumer Rights Defenders 818.453.3585
I can’t wait to hear this. Glad I’m finally in your time zone. Thank you so much, Mr. Garfield.