Friday, May 10, 2013
WHY THE THEFT?
THE law says the borrower will NO LONGER OWE ANY MONEY ON THE LOAN if there is a break in the chain of title. U.C.C. provision, U.C.C. §3-305(c): “An obligor is not obliged to pay the instrument if the person seeking enforcement of the instrument does not have rights of a holder in due course and the obligor proves that the instrument is a lost or stolen instrument.” LEGAL CITATION: U.S.C. §3-203 UNIFORM COMMERCIAL CODE – ARTICLE 3 – NEGOTIABLE INSTRUMENT PART 2 – NEGOTIATION, TRANSFER, AND INDORSEMENT §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. (b) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any rights of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee cannot acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument. Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States; may be made by any commercially reasonable means, including an oral, written, or electronic communication; is effective when the demand for payment or acceptance is received by the person to whom presentment is made; and is effective if made to any one of two or more makers, acceptors, drawees, or other payors. Upon demand of the person to whom presentment is made, the person making presentment must (i) exhibit the instrument, (ii) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and (iii) sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made. MORE ON THESE STORIES HERE http://piggybankblog.com/2012/01/26/title-and-securitization-search-here/