Tuesday, May 15, 2012
Defense against a Fraudulent Foreclosure - Do NOT ask for "Wet Signature Note" as a Defense - Use Article 3 and 9 - Those win!
This is another guest post by Jesse Scott of US Mortgage Auditors.
He did this very short information article so people understand where a defense works and where it does not. Many attorneys are asking for the "Wet Signature Note" and the banksters attorneys are loving it. They win on that fraudclosure argument.
He is trying to get the information out for attorneys to use Article 9 and Article 3 of the mortgage contract against a Fraudclosure.
Message From Jesse:
This relates to Article 3 and Article 9
This other side ( The Bank ) will always sue on the bases of Article 3 . WHY? .Under Article 3 The only requirement is to show up and say, here is the Note and you lost your case. Sounds familiar?? Ladies and Gentlemen and Lawyers please understand. STOP ASKING FOR THE WET SIGNATURE NOTE. YOU WILL GET NO WHERE. This is how they confused the issue. And to my wonderful attorneys out there struggling with this. This is how you fight them Article 9 . "Research it " I am not going to give you all the answers.
Article 9 is based on negotiable verses non-negotiable instruments. Prove the other side ( The Bank ) had or has a proper chain of title as it relates to the trust that the mortgage was securitized in. And PROVE that it is BROKEN. If the MORTGAGE and NOTE separates , that means, The instrument becomes (NON-NEGOTIABLE ) ie: the mortgage or Deed of Trust.
Ok Ok i know what your thinking my great and fearless lawyers. Now STOP IT. Your probably thinking well they still owe the money that they borrowed! Kudos to you, YOU ARE RIGHT . However if the mortgage has been separated. The best the other side could do is sue on the NOTE. Yes it becomes an unsecured debt. They can not enforce a non negotiable instrument on the property. So while your negotiating with the banks please stop asking for the Wet Signature Note. They are laughing at you all the way to the .......BANK.
Keep up the Fight
Jesse S Lesuer
Senior Mortgage Fraud Investigator
As I put on the side bar about Jesse and he did my mortgage audit for me.