Only a mortgagee can foreclose on a mortgage where is the loan? The mortgage of the land, the note? Mortgagee;- defined as the person or entity them holding the mortgage and also either holding the mortgage note or acting on behalf of the note holder, that showing made by affidavit with nothing else required. Benefits of service mans Act Any submissions or fillings by anyone not entitled may not be accepted by the court, because the service member proceeding I not part of the foreclosure prole si Mortgage note: security note lasting 20 to 30 years Plaintiff must have standing Where is the mortgage note on the land? If you lose your property it was a procedural error For is before foreclosure Superior court rules The term governing the issue of the note (conditions) provide that in the event of default “an enforcement note” may be served by the trustee of the note holders rights. BNY Corp Trustee services LDD (the trustee) If the issuer becomes unable to pay its debts under the term in section 23 of the insolvency Act 1986 (the 1986Act) that would constitute an event of default Non mortgagees can not foreclose on a mortgage. A mortgage note (also known as a real estate lien note is a promissory note associated with a specific mortgage loan it is a written promise to repay a specific sum of money plus interest at a specified rate and length of time to fufill a promise. While the mortgage itself pledges the title of real property as security for the loan. The mortgage note states the amount of debt and the rate of interest and obligates the borrower who signs the note, is personally responsible for repayment. I foreclosure proceedings in certain jurisdictions, borrowers may require the foreclosure party to provide the note as evidence that they are the true owners of the debt. Record property in the township Land registry to get an index number, filled out. An index number covers sheet form and purchase an index number from the cashier. The petitioner must write in the index number assigned by the land registry. In the index number space to the right of the caption on each of the documents prepared by the petitioner. A copy of all documents must be filled with the land registry, who will open a court file for the case. the clerk will stamp the petitioners copies to show that the papers were filed and will issue a receipt for the issue of an index number. The petitioner needs to file with the clerk the following initial local papers 1) a copy of a petition and a note of petition or 2) a copy of the petition and a copy of an order to show cause. In order to bring the proceedings before a justice (the proper title of a judge assigned to supreme court is justice) of this court, the petitioner needs to request that the case be placed before a justice on a calendar. This uis done in either of two ways 1) by serving and filing a notice of petition or 2) proceeding by order to show cause a notice of petition is a document directed to the respondent that advises the respondent(s) of where and when the petition is to be submitted to a justice and identifies all papers upon which the special proceedings is based. An order to show cause also serves to give notice to all parties, but the form of the document is different. This document unlike the notice of petition is in reality a court order and must be presented to and be signed by a justice of the court at the onset of the process in the court. NOTE the court is under no obligation to sign your order To show cause or grant temporary relief, and may instead tell you to make your application by means os a notice of petition. To have standing in any capacity, a litigant must show that the challenged action has caused litigant injury Because non mortgagees are NOT BY LAW in a position to foreclose on a mortgage See Eaton v Federal Nat l mtge The decree affords them no protection. We want to establish rights title and interest Encumbrances on title to land? Title report ? Escrow company subpoena the records. The title report prepared for the buyer!!!! If paperwork is not corrected it has to be stricken from record. Webester Bona fide= with good faith; without fraud or deception Bouvier--= in or with good Faith The law requires all persons in their transaction’s to act with good faith and a contract where the parties have not acted bad Faith is void at the pleasure of the innocent party. If a contract be made with good faith, subsequent fraudulent acts will not VITIATE it; although such acts may raise a presumption of antecedent fraud, and thus become a means of proving the want of god faith in making the contract. In the civil law these actions are called (actiones) bonae fides in which the judge has more unstrained power (liberior potesta) of estimating how much one person ought to give to or do, for another. Whereas those actions are said to be stricti Juris, in which the power of the judge is confined to the agreement of the parties. Bouvier God from the Saxon Good. The source of all good; the supreme being, 1 every man is presumed to believe in god, and he who opposes a witness on the ground of his unbelief is bound to prove it. 3 Bouv.Inst.u.3180. Blasphemy against the almighty, by denying his being or providence, was an offence punishable at common law by fine and imprisonment, or other infamous corporal punishment. (contempt of court) Faith probity good faith is the very soul of contracts. Faith also signifies confidence, belief; as, full faith and credit ought to be given to acts of a magistrate while acting within his jurisdiction Vide bona Fide Probity, justice, honesty, a man of probability is one who loves justice and honesty, and who dislikes the contrary. Websters 1828 Good 1 Valid; legally firm; not weak or defective; having strength adequate to its support as a good title; a good deed; a good claim 2, valid; sound not weak; false, or fallacious; as a good argument 3, complete or sufficiently perfect in its kind; having the physical qualities best adapted to its design and use; opposed to bad, imperfect, corrupted impaired. We say good timber, good cloth, a good soil, a good colour. And god saw everything that he had made, and behold, it was very good, Gen1 4, having moral qualities best adapted to its design and use, or the qualities which gods law requires; virtuous; pois; religious; applied to persons, and opposed to bad, that virtuous, wicked, evil. Yet peradventure for a good man someone would ever dare to die rom.5 5. comfortable to the moral law virtuous; applied to actions Good n. that which contributes to diminish or remove pain, or to increase happiness or prosperity; benefit; advantage opposed to evil and misery/ Faith 1. belief; the ascent of the mind to be true Without faith it is impossible to please god. Faith is a firm, cardinal belief into the veracity of god, as all the declarations of his world; or a full and affectionate confidence in the certainty of those things which god has declared, and because he has declared them. Sincerity; honesty, veracity; faithfulness A certificate of acknowledgment, sometimes referred to as the acknowledgment, is evidence that the acknowledgment has been done properly. Although its contents may vary from state to state, the certificate must recite: (1) that acknowledgment before the proper officer was made by the person who completed the document; (2) the place where the acknowledgment took place; and (3) the name and authority of the officer. The certificate may be on the document itself or may be attached to it as a separate instrument.
Posted on: Sat, 01 Nov 2014 10:40:46 +0000
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