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.
Defendant 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 FORECLOSURE
Lenders originate the loans through 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. The false assignment in mandatory for preferential treatment in setting forth the investment scheme that converted mortgages into shares of common stock. The mortgage was liquidated for equitable shares transferred into the investors paid in capital account.A mortgage of $100,000 is equal to 400 shares of common certificates held in a demand deposit account – not a trust per say, but in trust depositors account backed by the United States government. Its all done on general assignment without any assignment of mortgage that was recognized under FAS 140 and held that way under GAAP ASC 310 – et seq
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. This is the reason for the debt forgiveness as no debt can exist other than the obligors – banks to bondholders.
The bond holders debt is charged causing the 1099 C used to create the valuable NOL taken by the tax payer corporation BofA . The property is abandoned under the discharged mortgage and thereafter purchased back by the trustee under the FMS – thus the reason for the 1099 A . The 1099 B is for the diffidence used to calculate the payment made to date by household for the bond issuers date calling the defaulted pass-thru; calculated to the property address.
Not intended as legal advice. Call your local Bar for referral to a competent attorney