The first 40 minutes will be boring to those not facing foreclosure. It picks up rapidly after that and ends with a bang.
A level 2 lesson
This lesson was presented on Dec. 5, 2018 during Bill’s Foreclosure Defense Education conference call.
You can harness the power of the UCC if you understand the core concepts.
This is an advanced lesson. It will require you to use the model UCC to gain a working knowledge. You could just listen, but that would be a waste of your time.
During the lesson I explain that this is only 1 of the 3 legs on our UCC stool. The stool cannot support your argument without 3 legs. Once our stool has 3 legs on it, we can beat the banker over the head with it.
After you have worked through this lesson with the model, you will be ready for Part 2. Do not feel this is hopeless or that the material is confusing. Once the 3 tiers are in place, it will empower you.
Before you listen, you will want to find the following in the model UCC:
Before you listen, you will want to find the following in the model UCC:§ 3-301. PERSON ENTITLED TO ENFORCE INSTRUMENT
§ 1-201. General Definitions
(b) Subject to definitions contained in other articles of the Uniform Commercial Code that apply to particular articles or parts thereof
(b)(21) “Holder” means: (A) the person in possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession; or (B) the person in possession of a document of title if the goods are deliverable either to bearer or to the order of the person in possession
§ 3-201. NEGOTIATION
(a) “Negotiation” means a transfer of possession, whether voluntary or involuntary, of an instrument by a person other than the issuer to a person who thereby becomes its holder.
(b) Except for negotiation by a remitter, if an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the holder. If an instrument is payable to bearer, it may be negotiated by transfer of possession alone.
A qualifying negotiation involves many elements and each requires substantial factual support. The basic UCC elements Plaintiff must prove are:
1) possession 3-201 (a);
2) obtained by “transfer” 3-201(a);
3) bearing an indorsement that is not anomalous 3-201(b) and 3-205; and
4) the transferor had to deliver all of its interests in the Note to Plaintiff through that transfer. 3-203(d).
§ 3-308. PROOF OF SIGNATURES AND STATUS AS HOLDER IN DUE COURSE
(b) If the validity of signatures is admitted or proved and there is compliance with subsection (a), a plaintiff producing the instrument is entitled to payment IF the plaintiff proves entitlement to enforce the instrument under Section 3-301 . . .
§ 3-203. TRANSFER OF INSTRUMENT; RIGHTS ACQUIRED BY TRANSFER
(a) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument.
§ 1-201. General Definitions
(15) “Delivery”, with respect to an instrument, document of title, or chattel paper, means voluntary transfer of possession.
When it comes down to proof—it is their hurdle.
In the next lesson we will add the other legs to our stool. This will give you a solid platform.
Make them work for it.
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Economic landscape – automotive loans
Firearm Law Updates
Foster Parent Second Amendment Case Sent Back to District Court in Light of Bruen
Defendant DCFS has promulgated regulations (1) flatly banning the possession of handguns in any day care home (except for law-enforcement officers or others required to possess a handgun as a condition of employment), (2) requiring all other firearms (i.e., long guns) to be “kept in a disassembled state, without ammunition, in locked storage in a closet, cabinet, or other locked storage facility inaccessible to children” (except, again, in the case of law-enforcement officers); (3) requiring that all “[a]mmunition for such firearms shall be kept in locked storage separate from that of the disassembled firearms, inaccessible to children”; and (4) requiring the homeowner operating the day care to “post a ‘no firearms’ sign” and “notify the parents or guardian of any child accepted for care that firearms and ammunition are stored on the premises,” “locked in storage inaccessible to children.”
On their face, these restrictions admit of no exceptions. Defendants have asserted, and the district court held, that these restrictions on day care homes have effect only during business hours, when the day care is operating. No such limitation appears in the text of the statutory or regulatory provisions at issue, however—and on their face, those provisions apply absolutely, at all times. Like the foster care ban, the day care home ban likewise includes no other exceptions, apart from the carve-out for law-enforcement officers—no matter how carefully the homeowners have been vetted or how securely they store their firearms.
https://reason.com/volokh/2023/01/21/foster-parent-second-amendment-case-sent-back-to-district-court-in-light-of-bruen/
ATF’s latest regulations are a trap, making you a felon.
26 U.S. Code Chapter 53 – MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS
https://www.law.cornell.edu/uscode/text/26/subtitle-E/chapter-53
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Flat-Earth smack-down and upgrades to my Flat-Earth Challenge
Excuse me while I rant for 25 minutes. I felt ‘so clean’ and refreshed after delivering this.
Bill dresses down a co-host who threw the words around, such as: evidence, proof, court, and judge.
It all started with this:
UPDATE: No takers.
Music Credits
Danheim – Mannavegr (Full Album 2017) Viking Era & Viking War Music
https://youtu.be/8tilKaOINmE
https://youtu.be/TRE9vMBBe10
Lauren Weintraub – The Earth Is Flat (Official Music Video)
https://youtu.be/iP8CPQmNHTg
Pat Benatar – Hit Me Whit Your Best Shot (HD)
https://youtu.be/BKDslK2dT0I
Mason Proffit – Two Hangmen
https://youtu.be/CC3yZdG_2Bc
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