Adam Levitin: Why the PSA Violations Must Be Heard

Excellent presentation.

Livinglies's Weblog

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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One thought on “Adam Levitin: Why the PSA Violations Must Be Heard

  1. Ginny:

    This is a very simple and basic concept that I have been arguing for years and one that I will be arguing before the Hawaii Supreme Court next month in the Mattos appeal (certiorari was granted which is a very good sign!).

    Gary

    Gary Victor Dubin Dubin Law Offices Harbor Court, Suite 3100 55 Merchant Street Honolulu, Hawaii 96813

    gdubin@dubinlaw.net (808) 537-2300 (office) (808) 392-9191 (cellular) (808) 523-7733 (facsimile)

    Licensed in California and Hawaii

    >

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