An Allonge is invalid unless the original Note is “all backed up”

*This is not legal advice, just informational editorialization. This is big. I have felt for some time, that the use of an Allonge as evidence for the endorsement of a Note is not legally sufficient, unless the back of the Note is chaulk full of endorsements, requiring an “extra paper”. Thus was born the Allonge. [...]

Note Endorsed without Authentication means zip, zilch, nada.

*The following article is not to be construed as legal advice, consult with an attorney for that stuff. What happens when the lender finally Produces the Note? The “Produce the Note” defense is not a panacea, a cure-all tactic for homeowners who may be victim of an unlawful foreclosure Complaint. The homeowner may ultimately have [...]

Bearer Paper, the new Parlor Trick and the Holder in Due Course.

It is not ethical, for a Promissory Note, attached to a Mortgage Deed of Trust, to be endorsed in Blank and scanned into an “Electronic Registry Systems” for anyone with a title to “servicing rights” and a membership code, to pass themselves off as a Holder in Due Course or a Holder of Bearer Paper. It is not morally not ethically nor lawfully sound jurisprudence, it is a blatant disregard for the Court’s Civil Procedure. A charade, a trick, a game of poker, where the gambling pro is allowed to bluff with a photocopy of the Ace up his sleeve.

“PROVE THE DEBT” defense tactics

*Disclaimer: This article is for entertainment, it is not intended to be legal advice, consult an attorney. Instead of using the popular “Produce the Note” defense, homeowners should be championing a “Prove the Debt” defense. The Note is just one part of enforcement of a mortgage security instrument. Many attorneys for Pretender Lenders will try [...]

Ding Dong MERS is Dead, the wicked MERS is Dead….

by Martin Macisso The private company who claims to be a “Nominee” for over 60 million mortgages in America has been leveled by 2 recent Supreme Court Decisions who cited in their orders, that MERS has no agency status as a Nominee. Please see: http://livinglies.wordpress.com/2009/09/30/arkansas-supreme-court-denies-mers-legal-standing/ The laymen terms for this: “MERS is a strawman, a [...]