Comments on: Where’s the note, who’s the holder: Enforcement of the promissory note secured by real estate http://loanworkout.org/2009/02/wheres-the-note-whos-the-holder-enforcement-of-the-promissory-note-secured-by-real-estate/ - Free Mortgage, Auto and Student loan Calculators by LoanWorkout.org Tue, 18 Oct 2011 02:57:27 +0000 hourly 1 http://wordpress.org/?v=3.1.3 By: Free and clear house? http://loanworkout.org/2009/02/wheres-the-note-whos-the-holder-enforcement-of-the-promissory-note-secured-by-real-estate/#comment-21913 Free and clear house? Fri, 15 Oct 2010 00:47:21 +0000 http://loanworkout.org/?p=2967#comment-21913 [...] are going to have a judge that gets it. Here are some links to articles I have done in the past: Where’s the note, who’s the holder: Enforcement of the promissory note secured by real e... Ordinary negotiable instruments include notes and drafts (a check is a draft drawn on a bank). See [...] [...] are going to have a judge that gets it. Here are some links to articles I have done in the past: Where’s the note, who’s the holder: Enforcement of the promissory note secured by real e… Ordinary negotiable instruments include notes and drafts (a check is a draft drawn on a bank). See [...]

]]> By: Gregory http://loanworkout.org/2009/02/wheres-the-note-whos-the-holder-enforcement-of-the-promissory-note-secured-by-real-estate/#comment-21322 Gregory Sun, 01 Aug 2010 20:48:21 +0000 http://loanworkout.org/?p=2967#comment-21322 If the homeowner signed only A short Form Deed of Trust and never signed A "Note" can the Beneficiary do a Non Judicial Foreclosure? The homeowner never borrowed any money but the property was used as collateral for another property that the homeowner was purchasing from the lender/Seller. The property is valued at 1,200,000 encumbrance of $350,000. The short form Deed of Trust was in the amount of $330,000. Now the Beneficiary seeks to foreclose and there is No "Note". If the homeowner signed only A short Form Deed of Trust and never signed A “Note” can the Beneficiary do a Non Judicial Foreclosure? The homeowner never borrowed any money but the property was used as collateral for another property that the homeowner was purchasing from the lender/Seller. The property is valued at 1,200,000 encumbrance of $350,000. The short form Deed of Trust was in the amount of $330,000. Now the Beneficiary seeks to foreclose and there is No “Note”.

]]> By: simon l http://loanworkout.org/2009/02/wheres-the-note-whos-the-holder-enforcement-of-the-promissory-note-secured-by-real-estate/#comment-20978 simon l Sat, 12 Jun 2010 20:07:21 +0000 http://loanworkout.org/?p=2967#comment-20978 quoting Frank December 11, 2009 at 11:13 am "“The law leaves the wrong doer where it finds it”." Damn right. Equity would not enforce a loan contract that was fraudulently induced and intentionally and deceitfully misrepresented as to value of the consideration and the true parties of interest, with the intention of concealing continually the frauds so as to prevent the obligee from discovering them, thereby not only causing financial damage to the obligee and instant cloud on his real estate title at the execution but also throughout the duration of the loan. Equity would have that the obligee's claims of non-liability and for damages be tolled from the moment on which he was able to discover the frauds despite the continual and active deceptions. Equity would also have that the obligee be released from liability AND reimbursed for his damages. Third parties who claim an interest (and who were concealed from the obligee) should be reimbursed by the wrongdoers who sold them a defective loan wrought in fraud and deception. Law and Equity should leave the wrongdoers holding their "loss" as just and equitable compensation for their actions! quoting Frank December 11, 2009 at 11:13 am

““The law leaves the wrong doer where it finds it”.”

Damn right. Equity would not enforce a loan contract that was fraudulently induced and intentionally and deceitfully misrepresented as to value of the consideration and the true parties of interest, with the intention of concealing continually the frauds so as to prevent the obligee from discovering them, thereby not only causing financial damage to the obligee and instant cloud on his real estate title at the execution but also throughout the duration of the loan. Equity would have that the obligee’s claims of non-liability and for damages be tolled from the moment on which he was able to discover the frauds despite the continual and active deceptions. Equity would also have that the obligee be released from liability AND reimbursed for his damages. Third parties who claim an interest (and who were concealed from the obligee) should be reimbursed by the wrongdoers who sold them a defective loan wrought in fraud and deception. Law and Equity should leave the wrongdoers holding their “loss” as just and equitable compensation for their actions!

]]> By: Habel http://loanworkout.org/2009/02/wheres-the-note-whos-the-holder-enforcement-of-the-promissory-note-secured-by-real-estate/#comment-20708 Habel Thu, 13 May 2010 18:49:09 +0000 http://loanworkout.org/?p=2967#comment-20708 Does any-one think that maybe the forclosure actualy belongs in Federal Distric and not the state? Does any-one think that if there is a counter claim that its best to request a jury? Habel any responce will not be taken as advise, but as thought. Does any-one think that maybe the forclosure actualy belongs in Federal Distric and not the state?

Does any-one think that if there is a counter claim that its best to request a jury? Habel any responce will not be taken as advise, but as thought.

]]> By: Frank http://loanworkout.org/2009/02/wheres-the-note-whos-the-holder-enforcement-of-the-promissory-note-secured-by-real-estate/#comment-18572 Frank Fri, 11 Dec 2009 18:13:16 +0000 http://loanworkout.org/?p=2967#comment-18572 "The law leaves the wrong doer where it finds it". “The law leaves the wrong doer where it finds it”.

]]> By: simon http://loanworkout.org/2009/02/wheres-the-note-whos-the-holder-enforcement-of-the-promissory-note-secured-by-real-estate/#comment-17403 simon Mon, 12 Oct 2009 22:50:03 +0000 http://loanworkout.org/?p=2967#comment-17403 I would like to know how a borrower can obtain the MERS Milestones Report for the mortgage. Also, how can a borrower get in touch with the Note holder (original lender sold at closing), the servicer Wells Fargo refuses any info about the Note holder - I really need to let the Holder know that it bought a Note that was obtained by fraud and predatory lending practices. Wells Fargo is part owner of MERS and look at your mortgages, did you really intend to give every Principal of MERS an interest in your home? MERS is only nominee of Original Lender - once the Lender sold it's interest (the Note) MERS status as Lenders' nominee ended. What they didn't tell you is that MERS is agent for the lender, servicer, etc. and etc. - something not disclosed in the Mortgage, and also never made known to you - you didn't agree to that. I need to get in touch with the Note holder, any info is appreciate - please post here. Thanks Simone Limone I would like to know how a borrower can obtain the MERS Milestones Report for the mortgage. Also, how can a borrower get in touch with the Note holder (original lender sold at closing), the servicer Wells Fargo refuses any info about the Note holder – I really need to let the Holder know that it bought a Note that was obtained by fraud and predatory lending practices.

Wells Fargo is part owner of MERS and look at your mortgages, did you really intend to give every Principal of MERS an interest in your home? MERS is only nominee of Original Lender – once the Lender sold it’s interest (the Note) MERS status as Lenders’ nominee ended.

What they didn’t tell you is that MERS is agent for the lender, servicer, etc. and etc. – something not disclosed in the Mortgage, and also never made known to you – you didn’t agree to that.

I need to get in touch with the Note holder, any info is appreciate – please post here.

Thanks

Simone Limone

]]> By: Where Is The Mortgage Note? | http://loanworkout.org/2009/02/wheres-the-note-whos-the-holder-enforcement-of-the-promissory-note-secured-by-real-estate/#comment-15858 Where Is The Mortgage Note? | Tue, 28 Jul 2009 01:29:37 +0000 http://loanworkout.org/?p=2967#comment-15858 [...] a judicial explanation of this issue, the American Bankruptcy Institute has a more intellectual [...] [...] a judicial explanation of this issue, the American Bankruptcy Institute has a more intellectual [...]

]]> By: Alan Rothman, Esq. http://loanworkout.org/2009/02/wheres-the-note-whos-the-holder-enforcement-of-the-promissory-note-secured-by-real-estate/#comment-15805 Alan Rothman, Esq. Thu, 23 Jul 2009 15:02:52 +0000 http://loanworkout.org/?p=2967#comment-15805 I am looking at those cases where the Bank is acting as a Trustee for a Securitized asset backed receivable LLC. There are limits to the defenses in the Unlawful Detainer setting in California, but you may wish to align with the Landlord-Owner for possible Joint defenses. alanmarkrothman@yahoo.com I am looking at those cases where the Bank is acting as a Trustee for a Securitized asset backed receivable LLC. There are limits to the defenses in the Unlawful Detainer setting in California, but you may wish to align with the Landlord-Owner for possible Joint defenses. alanmarkrothman@yahoo.com

]]> By: shelly http://loanworkout.org/2009/02/wheres-the-note-whos-the-holder-enforcement-of-the-promissory-note-secured-by-real-estate/#comment-15095 shelly Mon, 08 Jun 2009 03:52:49 +0000 http://loanworkout.org/?p=2967#comment-15095 What do I do now? I received a notice hand delivered, "summons on first amended complaint" from a lawyer stating if I fail to file a answer or motion, default judgement may be entered against me. It is in a judicial state and for foreclosure. They say to pay this amount of money and foreclosure will not happen. I have a predatory loan. Whether the foreclosure happens or not they will still continue their antics and suck me dry. Just having them produce the note is one thing but for 5 years I have found fraud every where from this mortgage. From the ARM to the flipping of the loan to not accepting my payments and sending the checks back so they could swindle more, to the escrow. The plaintiffs I have on the document I had no clue existed in my loan. #1. Do I pay them to start at good standing and then go file a motion with the court? #2. Do I file with the court notice to compel? I am using the where is the note -who is the holder, I want the original with my signature on it. I do want to know anyways plus nail these people. I know easier said than done. But what do I do first any one got tips on what to say and how to say? It is Deutsche bank or whoever-- but there is a problem there never signed anything with their name on it. My state is NM. Any advice is greatly appreciated. Also maybe an attorney or forensic auditor would be nice. Thanks What do I do now? I received a notice hand delivered, “summons on first amended complaint” from a lawyer stating if I fail to file a answer or motion, default judgement may be entered against me. It is in a judicial state and for foreclosure. They say to pay this amount of money and foreclosure will not happen. I have a predatory loan. Whether the foreclosure happens or not they will still continue their antics and suck me dry. Just having them produce the note is one thing but for 5 years I have found fraud every where from this mortgage. From the ARM to the flipping of the loan to not accepting my payments and sending the checks back so they could swindle more, to the escrow. The plaintiffs I have on the document I had no clue existed in my loan. #1. Do I pay them to start at good standing and then go file a motion with the court? #2. Do I file with the court notice to compel? I am using the where is the note -who is the holder, I want the original with my signature on it. I do want to know anyways plus nail these people. I know easier said than done. But what do I do first any one got tips on what to say and how to say? It is Deutsche bank or whoever– but there is a problem there never signed anything with their name on it. My state is NM. Any advice is greatly appreciated. Also maybe an attorney or forensic auditor would be nice. Thanks

]]> By: Grace Weatherly http://loanworkout.org/2009/02/wheres-the-note-whos-the-holder-enforcement-of-the-promissory-note-secured-by-real-estate/#comment-15064 Grace Weatherly Fri, 05 Jun 2009 21:43:40 +0000 http://loanworkout.org/?p=2967#comment-15064 You may be interested in a Texas court of appeals opinion I got in a pro bono case today. The court held that the trial court lacked jurisiction to decide possession in a post-foreclosure eviction action by MERS. There was no evidence of MERS' interest in the property and title must be detemined prior to determining possession. Email me if you want a copy of the opinion. grace@wtwlawfirm.com You may be interested in a Texas court of appeals opinion I got in a pro bono case today. The court held that the trial court lacked jurisiction to decide possession in a post-foreclosure eviction action by MERS. There was no evidence of MERS’ interest in the property and title must be detemined prior to determining possession. Email me if you want a copy of the opinion. grace@wtwlawfirm.com

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