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Tonight Neil Garfield and Bill Paatalo discuss the issues in revealing void transfers of debt, note and mortgage (or beneficial interest).
The Rainn case in California stands for the proposition that a complaint is sufficient when it pleads that the party on whose behalf an assignment was made had no ownership in the debt. The proof of the pudding will be at trial. How will you prove this basic proposition. The answer is that you have taken the first step which is that you put the matter in issue. The second step is discovery. And the third step, if it ever gets to that, is establishing at trial that the supposed beneficiary under a deed of trust or the mortgagee under a mortgage deed had not satisfied its burden of proof showing an ownership interest in the underlying debt.”
Neil Garfield and Bill Paatalo discuss how to reveal that the assignment is void without getting in over your head.
See http://lawzilla.com/blog/rainn-gauna-v-jpmorgan-chase-bank/
Filed under: foreclosure |
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