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Originally Posted by Livefire
bella,
You might also want to review the links in this post of Weishaupt's. A federal judge by the name of Boyko tossed out a foreclosure case brought by Deutsche Bank because they couldnt/wouldnt produce the original loan contracts signed by the homeowners. That is a basic principle of the ucc (uniform commercial code).
So if this bank cant produce the ORIGINAL agreement, they are not holder in due course and have no grounds to bring suit before the court. It seems that bank have gotten sloppy ever since they started securitizing loans and started trading the derivatives on the bond markets. The original docs get misplaced and or lost (keeping millions of loan agreements must be a real pain! LOL)
Bottom line...make the damn bank prove that they hold the note (its their burden, not yours!) The judge may have to consider this. especially since a federal court has created a precedent in this area!
http://www.suijuris.net/forum/123962-post1.html |
Thank you livefire...it seems like the bank doesn't even have to be there and the judge orders the judgement in their favor...The judge still evicts the residents??