Levitin makes an important distinctions between “enforcing” the PSA and REFERRING to the PSA to show that the loan never made it into the trust. If the loan never made it into the trust, then the trust is not a proper party. It means that the trustee has no rights or authority in connection with the loan. It means that the servicer is making false claims that it is authorized to collect or enforce the debt. It means that the attorneys for the banks and servicers are proffering false evidence to the detriment of both the borrower and the creditor.
Note that people who have really done the research continually come back to the UCC, which is adopted in all 50 states as statutory law — Article 3 as to the enforcement of the note and Article 9, as to enforcement of the mortgage. If the rule of law were…
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