Defendants has filed a Motion for dismissal which relies on factually inapplicable decisional law; ignores the threshold of legal standing; fails to justify the counter arguments to a free home; and purports to be supported by personal knowledge and which is in fact based on incompetent hearsay.
Plaintiff relies on arguing a conventional foreclosure under a star decisis counter claim, “bound by decisions of prior courts. Accordingly, Plaintiff is challenged in conveying convoluted subject matter arguing a separate set of circumstances urging overruling a precedent faces a rightly onerous task, the difficulty of which is roughly proportional to a number of factors, including the age of the precedent, the nature and extent of public and private reliance on it, and its consistency or inconsistency with other related rules of law.
NO ASSIGNMENT UNTIL TIME OF FORECLOSYURE
Lenders originate the loans and a Warehouse Bank, A Commercial Lender wire the funds under a Third Party Contract. If both companies are Bank of America owned one can see the reason for no early assignment.
False the assignment in mandatory for preferential treatment in setting forth the investment scheme that is for converting mortgages into shares of common stock.
The question then is how the commercial lender transfers the mortgages into the trust apparatus. The answer is by economic contribution as paid in capital. Hence the wire received by the settlement agent on (date) is reversed, literally to covert the commercial lines into common stock.