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THE NEIL GARFIELD SHOW에서 제공하는 콘텐츠입니다. 에피소드, 그래픽, 팟캐스트 설명을 포함한 모든 팟캐스트 콘텐츠는 THE NEIL GARFIELD SHOW 또는 해당 팟캐스트 플랫폼 파트너가 직접 업로드하고 제공합니다. 누군가가 귀하의 허락 없이 귀하의 저작물을 사용하고 있다고 생각되는 경우 여기에 설명된 절차를 따르실 수 있습니다 https://ko.player.fm/legal.
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Why most mortgage liens are void: Back to Basics --- Two schemes, One Contract

31:00
 
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Manage episode 269150162 series 2453550
THE NEIL GARFIELD SHOW에서 제공하는 콘텐츠입니다. 에피소드, 그래픽, 팟캐스트 설명을 포함한 모든 팟캐스트 콘텐츠는 THE NEIL GARFIELD SHOW 또는 해당 팟캐스트 플랫폼 파트너가 직접 업로드하고 제공합니다. 누군가가 귀하의 허락 없이 귀하의 저작물을 사용하고 있다고 생각되는 경우 여기에 설명된 절차를 따르실 수 있습니다 https://ko.player.fm/legal.
The simple fact that lies at the root of most foreclosures is that the underlying obligation was never purchased or sold, and in most cases not even from the homeowner. The fact that the homeowner recieved money is not conclusive that the reason the hoemowner received money is that it was part of a valid loan agreement. If lawyers and homeowners want to win cases filed for enforcement of mortgages or deed of trust (foreclosures) then they must understand and use the fact that the homeowner agreed to two contracts --- not one. Operating parrallel to the apparent loan agreement was a concealed securitization agreement. Both are fatally deficient (unenforceable) unless they are combined into one agreement through the legal (equitable) process of reformation. The loan agreement is fatally deficient because it purposely fails to establish an actual loan account in which the underlying debt is owned as an asset on the financial statement of some person or company. This is how the investment bank funds what appears to be a loan without ever being disclosed as a lender. Since it never receives any conveyance of the debt, note or rmotgage it is not lender and therefore not subject to any laws governing lending or servicing. But since it in fact funded the transaction but refuses to be considered a lender, the transaction is not a loan but rather something else. And because it removes every trace of funding trhough a bogus sale to itself acting under the name of a fake trust, it can't call itself a successor either. In plain langauge there was no meeting of the minds and therefore no valid loan contract and no valid securitization contract.
  continue reading

300 에피소드

Artwork
icon공유
 
Manage episode 269150162 series 2453550
THE NEIL GARFIELD SHOW에서 제공하는 콘텐츠입니다. 에피소드, 그래픽, 팟캐스트 설명을 포함한 모든 팟캐스트 콘텐츠는 THE NEIL GARFIELD SHOW 또는 해당 팟캐스트 플랫폼 파트너가 직접 업로드하고 제공합니다. 누군가가 귀하의 허락 없이 귀하의 저작물을 사용하고 있다고 생각되는 경우 여기에 설명된 절차를 따르실 수 있습니다 https://ko.player.fm/legal.
The simple fact that lies at the root of most foreclosures is that the underlying obligation was never purchased or sold, and in most cases not even from the homeowner. The fact that the homeowner recieved money is not conclusive that the reason the hoemowner received money is that it was part of a valid loan agreement. If lawyers and homeowners want to win cases filed for enforcement of mortgages or deed of trust (foreclosures) then they must understand and use the fact that the homeowner agreed to two contracts --- not one. Operating parrallel to the apparent loan agreement was a concealed securitization agreement. Both are fatally deficient (unenforceable) unless they are combined into one agreement through the legal (equitable) process of reformation. The loan agreement is fatally deficient because it purposely fails to establish an actual loan account in which the underlying debt is owned as an asset on the financial statement of some person or company. This is how the investment bank funds what appears to be a loan without ever being disclosed as a lender. Since it never receives any conveyance of the debt, note or rmotgage it is not lender and therefore not subject to any laws governing lending or servicing. But since it in fact funded the transaction but refuses to be considered a lender, the transaction is not a loan but rather something else. And because it removes every trace of funding trhough a bogus sale to itself acting under the name of a fake trust, it can't call itself a successor either. In plain langauge there was no meeting of the minds and therefore no valid loan contract and no valid securitization contract.
  continue reading

300 에피소드

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