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I’m revealing tonight the specific structural analysis I use and which the LivingLies team uses under my direction to analyze the facial validity of documents that are being used to initiate fraudulent, yet legally effective foreclosures and sales of property. If you don’t challenge it the foreclosure becomes legal, valid and enforceable in unlawful detainer or eviction.
The basic premise of all foreclosures is that foreclosure is necessary and legal to compensate and protect a party who is losing money because a borrower-homeowner is not paying their legal debt to the party that owns that debt. They must assert the position that they are losing money because they loaned money or bought the debt. One of those two things must be true.
By attacking facial validity of documents you are starting at the beginning. You are attacking the foreclosure complaint, or the notices of substitution, default and sale. Properly done it removes all of the protective gear worn by your opposition and forces them to prove facts that don’t exist. That is how homeowners have won thousands of cases.
Article 9 UCC §203 requires payment of value as a condition precedent to enforcement of a mortgage or deed of trust. Remember this is to be distinguished from Article 3 which enables a non-owner of the debt to enforce the note and get a money judgment against the maker of the note. That’s different than a foreclosure judgment.
Most lawyers and judges forget that the UCC is not some theoretical treatise on commercial paper. It is law. It isn’t just common law, it is statutory law adopted in all US jurisdictions.
Facial analysis of documents is critical to success in court.
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Hmmm…Neil may actually be on to something here with this class action theory. See this article from AmericanThinker.com: https://www.americanthinker.com/blog/2019/05/facebook_massive_classaction_privacy_suit_moves_to_discovery_.html
interesting theory re undisclosed profits to homeowners and a duty to share them, but would require massive class actions against the investment banks…or the govt to bring an action which, even if successful, would result in civil fines kept by the govt and minor payouts over time to homeowners. what private law firm or firms would be willing to do this and front the costs?
on another note, i fail to see why NG keeps flogging a dead horse re UCC Article 9 and payment of consideration for the mortgage. All mortgage assignments recite for “X$ and other good and valuable consideration.” that’s all that is necessary. it’s known as the peppercorn principle in contract law, meaning consideration as small as a peppercorn is sufficient consideration if the parties to the contract agree that it is. and the homeowner/mortgagor is not a party to the assignment or an intended third party beneficiary so he or she cannot challenge the assignment on consideration or any other grounds.
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