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Holder in Due Course- Uniform Foreclosure Procedures Act - NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS IN SEATTLE WASHINGTON

June 17, 2014

Will the Uniform Law become Law at all the states having Non Judicial Foreclosure in effect?

What are "Equitable Assignments"?

What is the end result of trading securities (NOTES) without Lawful negotiation, issued by un-licenesed sellers?

There is a meeting to consider this proposed "Uniform Law" at Seattle during July, 2014.

Home Foreclosure Procedures Act (PDF)

This is an attempt to nationalize real estate foreclosure practices. We need a plan to resist the implementation of this Act in each state. Note the reference to a national mortgage registry, which presently does not exist but is also being proposed by other legislation.

Please also note the comments of the American Securitization Form's Executive Director, Thomas Deutsch, opposing provisions expanding defenses against "holders in due course." He does not mention, as I read it, that value must be paid by the so-called holder in due course.

Most troubling to me is the specific language which will do away with local land records based based on the proposition that the Mortgage follows the Note and preventing judicial review of so-called equitable assignments of mortgages based on an affidavit that a certain party has the right to enforce the note. We know all about the signing of affidavits without personal knowledge, dubbed "robo-signing." This proposed legislation would give that criminal practice the force of law.

In my opinion, this proposed legislation is intended to coverup the ubiquitous facts that the millions of so-called loans, which we now know to have been securities trades by unlicensed sellers, are unsupported by lawful negotiation (endorsements and delivery), which result in forgery (endorsement by unauthorized signatures) falsely sworn to be valid by servicers' employees.

All this talk about the "holder" of the note and no evidence that the notes were lawfully endorsed and delivered is beyond disturbing. We need a new Statute of Frauds for the electronic document era. The attached proposed legislation is going in the exactly wrong direction.

I have one final question for anyone. Why do the wizards of finance have such a keen interest in foreclosing on our nations real estate? I posit that it is because there is no value in the debt-based money system and all value is in the hard assets encumbered by the false debt claims. Please let me know if you can think of another reason for this focus on making it easier to claim the right to foreclose by the Uniform Foreclosure Procedures Act.


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Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager

 

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