Maybe if I keep repeating this over and over people will start to get it. Or maybe if I start repeating it, then others repeat it, and if we all start making this argument, our courts will start to consider this argument.
The lenders in mortgage foreclosure cases never intended mortgage notes to be negotiable.
They intended the notes and indeed all the obligations to be transferred via the Pooling and Servicing Agreements!!! That’s why they drafted Pooling and Servicing Agreements! The problem is, when this whole stinking mess blew up, they left the notes and the trusts and the whole business model spread around on the ground like a blown up building. The servicers and plaintiffs picked up the promissory notes and now come waving them in court making reckless and absurd arguments that are not supported by case law or any legal analysis.
Look at the promissory notes, look at the statute:
HOW CAN ANYONE ARGUE THE NOTES IN FORECLOSURE CASES MEET THE DEFINITION IN STATUTE?
My analysis and exploration of this CRUCIAL issue comes at a very important time for all of us….as Max Gardner is bringing his seminar on negotiability to Orlando in March.
MAX GARDNER’S SEMINAR ON NEGOTIABIILTY
We all need to start prepping this argument, and we all need to start exploring and ripping this argument up among and between ourselves before we bring it live before judges. This argument and this critical discussion could represent a Titanic sea change in cases all across this state. I encourage everyone to get prepped on this issue make plans to attend Max Gardner’s Seminar.
First, read this very detailed law review article:
HOW NEGOTIABILITY FOULED UP THE SECONDARY MARKET
And finally, here is a motion where I started to flush these issues out in my cases:
Memo of Law Regarding Non-NegotiabilityPUBLISHScridb filter