Once again it’s clear Neil Garfield doesn’t understand who can foreclose and how. It’s also clear he can’t read and understand the law, or is just using his factually and incorrect interpretations to sell his worthless consulting services and chain of title audits.
In a post on his blog he stated:
Under the laws of all states that adopted Article 9 §203 of the Uniform Commercial Code (all 50 states) a condition precedent to enforcement of the mortgage is that the claimant must have paid value for the debt. Such payment is often presumed from the apparent facial validity of (a) the original loan documentation and (b) transfer and apparent delivery of the promissory note and mortgage or deed of trust.
Here is one of dozens of cases that prove him wrong:
“Because a foreclosure case is an action to enforce a negotiable instrument, standing in a foreclosure case IS NOT BASED UPON OWNERSHIP of the note; it is based instead on whether the plaintiff is a “person entitled to enforce.” § 673.3011. The term “person entitled to enforce” is a technical, defined term in all versions of the Uniform Commercial Code, including Florida’s. Id. An entity may qualify as a “person entitled to enforce” for several reasons, but the most common reason is that the entity is “the holder of the instrument.” Id. In a case where the plaintiff is asserting standing based upon its status as a “person entitled to enforce” because it is the holder of the instrument, PROOF OF WHO OWNS THE NOTE IS NOT NECESSARY OR EVEN RELEVANT to the issue of standing. Id. (“A person may be a person ENTITLED TO ENFORCE the instrument EVEN THOUGH THE PERSON IS NOT THE OWNER of the instrument or is in wrongful possession of the instrument.”).” See, HSBC Bank USA v. Buset, 16-1383 (Fla. Dist. Ct. App. 2018). (emphasis mine).