Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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AnnHolden
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texas
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texas
ponder
Think not civil, think criminalFrom comments made to me a number of attorneys around the country appear to have majestically taken issue in the Uniform
Commercial Code, maybe they should not have snoozed.A short list of example question(s) in re UCC. Personal answer(s) in brackets []Not a substitution for competent legal counsel.

1. By the evidence, was the homeowners note a UCC Article 3 instrument?Yes or No [Yes]2. In accordance to state law (statute) (public records filing of the security instrument (Mortgage, Deed of Trust, Security Deed), was
the homeowners security instrument attached and perfected to the UCC 3 Article note?Yes or No [Yes]3. Does the security instrument's verbiage state that "The Note 'or a partial interest in the Note' (together with the security instrument)?Yes or No [Yes]Does UCC Article 9 (d ) (11)[states adopted version] exclude real property liens from being governed by UCC 9?Yes or No [Yes]5. Under law at the conception of the Home owners Note allow that an interest in the Note (Intangible Payment Stream, UCC 8
Transferable Record can be sold?Yes or No [Yes]6. Under past and current law would the selling of the interest in the homeowners Note (Intangible Obligation, Transferable Record
noting a financial obligation) reduce the value of the homeowners Note by the value of the interest in being sold?Yes or No [Yes]7. Would not reducing the value of the homeowners Note as to UCC 3-302(d) render the homeowners Note ineligible for negotiation?Yes or No [Yes]8. Under current and past law [agency/principle] would it not be correct that an agent cannot be an agent for an unidentified principle?Yes or No [Yes]9. If a homeowners note (if not reduced of value) is negotiated in blank as to being a bearer instrument under UCC Article 3, would
not that unidentified Payee also be an unidentified principle?Yes or No [Yes]10 Is UCC Article 3, 8 & 9 ambiguous?Yes or No [No]11. Are the states real property law(s) as codified ambiguous?Yes or No [No]12. Under UCC Article 8 Law(s) governing Transferable Records is a UCC Article 9 a mortgage to secure a UCC Article 8 Instrument?Yes or No [Yes] {could be rephrased}13. Per 15 USC 7003 can an electronic signature represent a parties intent to electronically sign and transfer, assign, negotiate,
convey an interest in real property?Yes or No[No]14. Under current law(s) applicable, can a homeowners note be bifurcated from a security instrument?Yes of No [No]15. Under current law(s) applicable, can a homeowners mortgage be bifurcated from the homeowners note and attach and be perfected
to a UCC 8 instrument (Transferable Record)?Yes or No [No]16. Under applicable law(s) can a homeowners paper note and mortgage be scanned into an electronic UCC 9 instrument to attach and
be perfected to a UCC 8 instrument?Yes or No [No]17. Would it not be correct that if paper documents are scanned into an electronic record, the electronic record is not the paper
documents?Yes or No [Yes]18. Is it not true that the UCC 8 instrument is created and sold by an Account Debtor (Obligor) as defined within the UCC?Yes or No [Yes]19. Is it not true that the Account Debtor routinely attaches electronic copies of the paper instruments as an UCC Article 9
instrument to secure a UCC Article 8 instrument [Transferable Record]?
Yes or No [Yes]
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