“You cannot come into court with a note and one single endorsement and say, ‘Judge, I’ve got a negotiable instrument,’” Gardner said. “You have to prove all links in the chain.”
Gardner said a mortgage note does not meet the legal definition of a negotiable instrument, which is transferable and payable to the bearer, such as a personal check. Holding the mortgage doesn’t guarantee a bank can foreclose.
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Shelby attorney brings his foreclosure fight to New York City
SHELBY — Fewer foreclosures mean more backyard barbecues and Christmas mornings at the family fireplace.
Consumer bankruptcy attorney O. Max Gardner III wants to help struggling homeowners hold onto their houses in the midst of a national mortgage meltdown. He’s sharing his method of fighting foreclosures with lawyers from North Carolina to New York City.
“Our goal is to get enough legal leverage on the banks to force them into a major modification of the loan,” Gardner said. “If you can make a loan perform, the investors are going to get their money back in full. It’s in their best interest to modify the loan. It’s obviously in the best interest of the homeowner. And I think it’s in the best interest of the economy.”
The founder of Max Gardner Law PLLC in Shelby, Gardner is presenting a foreclosure defense seminar Nov. 19-20 at the New York Law School in Manhattan. Speakers will include Arthur Schack, the New York State Supreme Court justice who’s gained national notoriety for dismissing foreclosure cases when mortgage lenders can’t produce proper paperwork…
You can check out the rest of the article here…
For more information on Max and his boot camps click here…
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I am astounded at how many people are still falling victim to the “loan modification” scam operators that are still out there. With as much publicity as there has been about these underhanded telemarketing scoundrels there still hasn’t been much done on the local level by state attorneys general to put these characters out of business.
Great info but to tell the truth, at this time I would not mind having a free house since it appears I was the one that created the note to produce the millions and since I have suffered so much emotional and financial stress from all this and other issues not care to mention here….all my time back and forth to the courts, attorney fees, etc. etc. and still paying my taxes and insurances myself, and taking very good care of my home as usual …mmmm
GOD BLESS the American poor…….God bless the shrinking middle class….GOD BLESS all who care for each other regardless of race, color or creed…….for it is we……who will inherit the earth…..and the stars! We will win….we already are!
I love Max for what he is trying to do…but, I will bet that Max does not know that there are attorneys from Chicago who have gone to his camp and are not using that information to help people….at all..There are two attorneys, (I can name thier names if anyone wants to be forewarned)… that I know of, from Chicago who have gone to his camp that are not using that information in a positive way…There are many EVIL traitors in our midst …!
HINT: One of those attorneys have been advertising on this very website and all over the internet as well!! He does not advertise that he went to Max’s bootcamp but he is on Max’s list of graduates! The deception by these attorneys is massive and evil beyond belief!
BLESS THIS GUY!