Re: Kicking it up a notch
- --- In email@example.com, Gary D <garytrust@...> wrote:
>Why would you want Countrywide to produce a copy?
> Failed to produce the note.
> Check mate ?
> Well I shall see.
> Countrywide Home Loans (Legal Department)
> Attn: Customer Service
> SVB-314 P O Box 5170
> Simi Valley, CA
> Re: Demand for a copy of the Promissory Note, or release
A copy has no standing, unless you give it force by asking for the production.
The real issue becomes stolen property, as the note is the property of the maker not the holder and is to be returned to the make upon fulfillment of the conditions set forth within the document (note).
You should read the new article 9 for default provisions.
Re: [tips_and_tricks] Kicking it up a notch
Thanks to Bear for pointing out my previous response was a little short and
probably sounded more like a smart remark rather than constructive information.
So here is the longer version.
You may want to look and see what you actually demanded.
You may have noticed them of what the courts have ruled.
That is not what you demanded, you demanded a "copy".
It may be implied and understood you are seeking the original.
You should know that your adversary will take advantage of every means
good or evil to prevail.
I have friends with a case where they brought in a very detailed copy.
It took a forensics examination to reveal it was a copy.
The judge had every intention of accepting it.
The adversary could meet your demand and have plausible deniability.
The other weakness my friends had is they did not give due process
prior to entering court.
They saved these "challenges" for an "argument" in court.
They abandoned the right to get confessions prior to meeting with
third party (court) thereby allowing another party to determine their
Saturday, April 11, 2009, 2:22:42 PM, you wrote:
Failed to produce the note.
Check mate ?
Well I shall see.
xxxxxxxxxxxxxxxx April 11, 2009
TO: Countrywide Home Loans (Legal Department)
Attn: Customer Service
SVB-314 P O Box 5170
Simi Valley, CA 93062-5170
Re: Demand for a copy of the Promissory Note, or release
Property Address: xxxxxxxxxxxxxxl
Loan Number: xxxxxxxxxxx
Dear Gentle People,
Be advised I am herewith demanding a copy of the Promissory Note.
Noteworthy I have request this back in February, however instead of producing that said instrument you have sent me two (2) letters asking for more time, in which I object, and if you can’t produce that note, I am herewith requesting documentation to clear title.
As I am sure you are well aware of the many cases around the country in which courts have ruled without the original note e.g. wet ink, one has no standing in which a Judge not only dismissed the foreclosures, moreover sanctioning the law firm for bring a action in which was frivols.
“The big issue in all these cases, whether we are dealing with a bankruptcy court, a state court or a federal court, is who really owns the mortgage note, and that is allegedly what they securitized,” said O. Max Gardner III, a lawyer who represents borrowers in foreclosure in Shelby, N.C. “A collateral question is, has that mortgage note really been transferred and assigned to the securitization trust? If not, then they really don’t have standing. It’s Law School 101.”
Many banks do not have the original notes as they, bundle them up so to speak and sell them, or assign to another entity, (thereby getting paid) already.
Please sign the enclosed documents under notary seal and return to the above address.
If you are not going to release said lien, please provide your legal claim not to do otherwise, as you assert I am indebted to you, within ten (10) days of receiving this demand, otherwise your non-response or silence can only be consider a default, in which, noteworthy at the UCC and any applicable laws notwithstanding UFTPCPL could trigger severe consequents, therefore govern yourself accordingly.
Very truly yours,
/s/xxxxxxx, Without Prejudice
Via: USPS / Certified 7004 xxxx xxxx xxxx
cc: Release of Mortgage
Cc: File Computer
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