In the past, one would say that Area 51 contained aliens and their futuristic technology from unknown worlds. This area of land we were not privy to. It was a place that was bordered by fences and armed guards. Outsiders were not allowed to enter this area. It was restricted and contained items that […]

Let us start from the beginning shall we. Quite simply put when the borrower signs the Tangible Promissory Note the borrower automatically incurs the obligation under the Uniform Commercial Code or your states statutory equivalence of UCC Article §3-412 . The obligation of the issuer of the Tangible Promissory Note will be paid to a […]

In the previous article we have conversed about the “Person entitled to enforce” hereinafter abbreviated to “PETE” In this article we are looking at What happens when there is no PETE? This is a question that is asked however, no answer is given by the party looking to foreclose. The party that is attempting to […]

Which instrument would you use in cutting your steak? While the spoon may eventually get the job done, the results will be sloppy and crude at best. Care must be taken to insure that the proper instrument is used at the correct time to achieve maximum performance for the desired results. The same can be […]

The issue with Quite Title complaints and matters of equity In looking at the many strategies that are being brought forward that pertain to wrongful foreclosure actions; there are none more disappointing than the Quiet Title complaints that state a lot of information, but lack substance, form, and timeliness. There is a misnomer in the […]

Laying the proper foundation is essential before one can begin building upon it. This applies to almost everything in life. It is no different in issues pertaining to foreclosure. Whether going on the offense or defense. When one desires to start building they need to make a determination as to what ingredients to use. Should […]

Now that more and more parties are coming forth with complaints for Declaratory Relief we need to have a more precise understanding as to what is that we are asking the courts to declare. First, one needs to understand, what is the end result the Plaintiff is looking to walk away with? This is not […]

Irreparable Harm is something that is affecting homeowners and it is an issue that needs to be addressed by them. Irreparable Harm is the type of harm in which no monetary compensation can cure or put conditions back the way they were. An example is the loss of a priceless family heirloom that has been […]

It is a misnomer and misconception that UCC Article 9 or your states equivalence applies to Security Instruments (Mortgage and Deeds of Trust) pertaining to real property. That is not true. Pursuant to U.C.C Article 9 109 (d) or your states equivalence of which states: U.C.C § 9-109. SCOPE. (d) [Inapplicability of article.] This article […]

Shiny Object Syndrome is a very common disorder that many home owners and attorney’s suffer from. This disorder happens when either the homeowner or the attorney starts of in one direction and then before the journey is completed something pops up on the horizon and they race off in a different direction. Countless hours and […]