Just more proof that these standing and produce the note arguments are just wasting the homeowner’s time money, and making the lawyers rich.
Loan modifications are a joke, bankruptcy in very rare cases woks, the ONLY process that works is to find and establish evidence of wrong doing by anyone of the agents working for the bank. If that’s not there, do a short-sale or deed-in-lieu and prepare to leave, to come back again another day and buy a house for half of what one’s house is worth today.
A bank will not let you cash a check on a blank check- with no payee filled in…., how can a blank endorsement that has not been properly filled in and documented be cashed in (foreclosed on)- In theory, that blank endorsement could be passed around again for someone to collect on… is there no foreclosure defense at all if there is a blank endorsement filed in the original documents?
James M
July 20, 2010 at 9:57 PM
“is there no foreclosure defense at all if there is a blank endorsement filed in the original documents?” Good question.
A) What is the proof that the person endorsing in blank had authority to do so?
Most of the time the endorsement has no witness and no notarization.
B) MERS standard procedure for notes to be resold as secularized bundles required that notes be endorsed in blank. That is in their procedures.
C) Since notes are not recorded, and their delivery often obscure, what’s to prevent forgery of endorsements in blank?
Just more proof that these standing and produce the note arguments are just wasting the homeowner’s time money, and making the lawyers rich.
Loan modifications are a joke, bankruptcy in very rare cases woks, the ONLY process that works is to find and establish evidence of wrong doing by anyone of the agents working for the bank. If that’s not there, do a short-sale or deed-in-lieu and prepare to leave, to come back again another day and buy a house for half of what one’s house is worth today.
STOP – STOP DO not cite or rely on the Riggs v Aurora opinion !!
On a motion to rehear the 4th DCA flipped the opinion upside down !!
The new opinion, dated June 16th 2010, (not final at this time) is available here >>
http://www.4dca.org/opinions/June%202010/06-16-10/4D08-4635.rhg.pdf
I repeat: DO NOT RELY OR CITE THE Riggs v Aurora OPINION FROM APRIL It has been reversed.
A bank will not let you cash a check on a blank check- with no payee filled in…., how can a blank endorsement that has not been properly filled in and documented be cashed in (foreclosed on)- In theory, that blank endorsement could be passed around again for someone to collect on… is there no foreclosure defense at all if there is a blank endorsement filed in the original documents?
“is there no foreclosure defense at all if there is a blank endorsement filed in the original documents?” Good question.
A) What is the proof that the person endorsing in blank had authority to do so?
Most of the time the endorsement has no witness and no notarization.
B) MERS standard procedure for notes to be resold as secularized bundles required that notes be endorsed in blank. That is in their procedures.
C) Since notes are not recorded, and their delivery often obscure, what’s to prevent forgery of endorsements in blank?
[…] 4th DCA Knock Out – An Endorsement in Blank that is Unsigned and Unauthenticated Creates a Genuine… […]