> Here is the point;
> most, if not all mortgages contain a clause saying
> "money" is transferred. At
> issue is the fact there is no such a thing as money
> in a legal sense in this country.
Arguing that there is no money, in any sense, will
certainly be a losing one. No judge will allow any
such argument, for a variety of reasons, foremost of
which is such a declaration would undermine the
financial stability of money.
Secondly, under such a position, the burden has
shifted for anyone to prove that there is no money,
and that takes away from fighting the foreclosure.
Make the opposition produce the original note, and
nothing less. If the claim of holder in due course
is being made, per UCC the holder in due course must
have physical possession of the note.
Of course, that is never true seeing as how the note
was sold by the lender to raise the money to "lend"
back to the borrower.
Demanding the original note, and not a copy, keeps the
burden of proof where it belongs, and it is so much
Get easy, one-click access to your favorites.
Make Yahoo! your homepage.