Mike H. wrote:
How about this: Plaintiff : You failed to pay us the June, July and August mortgage payment.
Defendant: That's true. But I did not owe these payments because you do not own the loan.
You are merely the servicer and have no equity in my property.
The originator "died" three years ago without having ever transferred
the "obligation" to any third party.
Plaintiff: You broke my ARM.
Defendant: That's true, but only after you tried to steal my wallet out of my back
In other words, someone accuses you of doing something, you admit the charge, but give a
legal justification of why you did it. THAT IS AN AFFIRMATIVE DEFENSE!
Moose, do you agree or disagree?
There is no such thing as corporate death. Your attempt at an analogy is not only dubious but deliberately misleading and your theory of what an affirmative defense is is specious.