9th Circuit: Assignment in Breach of PSA is Voidable not Void. Here is why they are wrong

Assignments are used to hide rehypothecation and other unauthorized actions. Clearly, another episode in unclean hands. KEYSTONE CO. v. EXCAVATOR CO. 290 U.S. 240 (1933):
“The meaning and proper application of the maxim are to be considered. As authoritatively expounded, the words and the reasons upon which it rests extend to the party seeking relief in equity. “It is one of the fundamental principles upon which equity jurisprudence is founded, that before a complainant can have a standing in court he must first show that not only has he a good and meritorious cause of action, but he must come into court with clean hands. He must be frank and fair with the court, nothing about the case under consideration should be guarded, but everything that tends to a full and fair determination of the matters in controversy should be placed before the court.” Story’s Equity Jurisprudence, 14th ed., § 98. 3The governing principle is “that whenever a party who, as actor, seeks to set the judicial machinery in motion and obtain some remedy, has violated conscience, or good faith, or other equitable principle, in his prior conduct, then the doors of the court will be shut against him in limine; the court will refuse to interfere on his behalf, to acknowledge his right, or to award him any remedy.” Pomeroy, Equity Jurisprudence, 4th ed., § 397. This Court has declared: “It is a principle in chancery, that he who asks relief must have acted in good faith. 2The equitable powers of this court can never be exerted in behalf of one who has acted fraudulently or who by deceit or any unfair means has gained an advantage. To aid a party in such a case would make this court the abetter of iniquity.” Bein v. Heath, 6 How. 228, 247. And again: “A court of equity acts only when and as conscience commands, and if the conduct of the plaintiff be offensive to the dictates of natural justice, then, whatever may be the rights he possesses and whatever use he may make of them in a court of law, he will be held remediless in a court of equity.” Deweese v. Reinhard, 165 U.S. 386, 390.

Livinglies's Weblog

The thousands of trial court and appellate decisions that have hung their hat on illegal assignments being “voidable” demonstrates either a lack of understanding of common law business trusts or an adherence to a faulty doctrine in which homeowners pay the price for fraudulent bank activities.

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https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments.
THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
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see Turner v Wells Fargo

Some of the problems might be in the presentation of evidence, failures to object and failure to move to strike evidence or testimony. But most of it deals with the inability of lawyers and the Courts to pierce the veil of uncertainty and complexity with which the banks have covered their fraudulent tracks.

Here are the reasons the assignment might be void. No self-serving newly invented…

View original post 591 more words

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2 thoughts on “9th Circuit: Assignment in Breach of PSA is Voidable not Void. Here is why they are wrong

  1. Pingback: 9th Circuit: Assignment in Breach of PSA is Voidable not Void. Here is why they are wrong — Deadly Clear In Ohio you don’t even need right property Address Don’t take my word Check it out – The Forclosure on GODs Children

  2. The void/voidable controversy ignores the fact that the borrower is not trying to enforce the PSA and could not care less about enforcing it whether void or voidable.
    What the borrower cares about and what the borrower is arguing or should be arguing is that evidence for instance of the note and mortgage not having been deposited as required with the trustee before the cut off date is evidence that upon foreclosing on the borrower the trustee did not have possession of the note and mortgage and may never have had.
    The REMIC statute only allows the IRS to enforce its provisions, and not only has the IRS refused to do so, but as I recall the AG National Settlement restricted any liability for REMIC violations anyway.
    The void/voidable approach is just another red flag in the bull’s face used in effect to distract from reality.

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