Revised UCC Article 9, IRC 1031 Like Kind Exchange Transactions, and Liens on Real Property.

 

Revised UCC Article 9, IRC 1031 Like Kind Exchange Transactions, and Liens on Real Property.
Did the lien’s beneficial interest maintain perfection, and was it therefore eligible to be negotiated with the note in that capacity, as statutorily required? That would require that you were the actual creditor and that you actually made that note as a maker issuer, for the purposes of being the beneficiary of the debt that was created. This is what the banks and their attorneys want you to believe in the matter of equity:

  1. That your signature was as a maker issuer and therefore created value to the instrument
  2. You negotiated with the party that you sat down at closing with
  3. They accepted the instrument by negotiation
  4. They were a federal reserved depository institution that could accept article three instruments by deposit
  5. They gave you consideration in the form of cash, not Ultra Vires, for your promise to pay instrument executing an underlying indebtedness contract

 

But in an IRC 1031 Like Kind Exchange, Table Funded Securitized Mortgage Loan Transaction, that do not happen. That never happened because the negotiation, acceptance, and consideration is not what a table funded securitization transaction is.

You see the money is not created from your signature, negotiated, and then the note negotiated between state to state physically. That doesn’t happen in a table funded transaction.

Rather it’s in direct reverse engineer – the money was created from the sale of the certificates and the special deposit, special purpose vehicle on Wall Street.

They take the certificate holders funds to the securities to special deposit the pool of assets.

That pool of assets is used in the SPV alternative investment opportunity through the warehouse line of credit, and that’s what the sponsor bank is using as the table funding credit in the transaction itself.

It is legally IMPOSSIBLE to attach article 9 to the UCC receivables (securities) to enforce a lien on real property.

Therefore if your mortgage loan contract was converted into a Mortgage Backed Security and sold to a Trust than your real property is unsecured; just like an unsecured credit card debt. And if that is the case you may want to consider suing for Quiet Title so you can have clear and free title to your home!

Our primary focus is helping you get clear and marketable title to your real property by arguing that the actions of the banks have made the security provisions of the mortgage/deed of trust unenforceable as a matter of law.

THERE IS NO CONFLICT BETWEEN ARTICLE 3 AND ARTICLE 9 OF UCC: THE COURTS ARE JUST PLAIN WRONG

New post on Livinglies’s Weblog

CASE DECISIONS ARE NOT SCRIPTURE. But they are precedent and you can expect that once a decision is rendered by an appellate court in a specific jurisdiction all the lower courts in that jurisdiction will most likely follow the reasoning and application of the law in that appellate decision. This fact, though, does not make the original decision correct. Dredd Scott was a famously wrong decision by the Supreme Court of the United States. And a correct decision does not automatically mean that lower courts will apply — see the Jesinoski decision on TILA rescission.

If you read my blog article on the subject it will clear up my view. APPLYING THE UCC IN FORECLOSURES

There’s a difference between what the courts are doing and what they should be doing.
• In a nutshell, the law in every jurisdiction says that it is possible to obtain a judgment on a note without owning the underlying obligation and therefore without alleging financial injury to the claimant.
• This is a huge exception to the rules governing every civil case. It might be unconstitutional but it is universally accepted as the exception to the rule.
• I agree that the courts have extended this exception to the enforcement of security instruments like mortgages. But in every jurisdiction, that exception is actually banned by their own statute.
• There is an age-old expression that you can pick up one end of the stick without picking up the other.
• They are using the exception based upon the state legislature adopting the uniform commercial code.
o Article 3 of the uniform commercial code provides the exception.
o Article 9 specifically bars the use of that exception in the enforcement of security instruments. §203.
• This is not the first time the courts of general jurisdiction have gotten things wrong and it won’t be the last. That is why we have higher courts and legislatures to overrule what the general courts are doing.

The plain fact is that the loan account is eliminated at or near the time of creation of the homeowner transaction. This is true in all securitization schemes and let me remind you that nobody anywhere has ever contradicted this statement. The reason is that money came in but was labeled as something other than repayment of loan or return of capital. But the indisputable fact is that money came in covering not only the cost of doing business with the homeowner but in geometrically larger ums as revenue.

The fact that investment banks did not record it as payment of a loan account does not mean that they didn’t get the money. The entire point of securitization for the investment banks was for them to enter the lending marketplace without ever making a loan — i.e., without ever disclosing their presence and without any risk of loss. The fact that homeowners intended to get a loan does not mean that is what their deceived. At some point — contemporaneous with the “closing” the transaction was in substance strictly converted from what it appeared to be — a loan —- to a payment to homeowners for launching the sale of securities.

A loan without a lender is not a loan. A loan without any risk of loss is not a loan transaction.

     
 

Mortgage Fraud Daily News Update ⋅ November 19, 2021

 
     
 

SFO Ends 15-Year Pursuit Of £50M Mortgage Fraud Suspect – Law360

Law360

The SFO has confirmed that Nisar Afzal, who was implicated but never charged in a fraud against mortgage lenders, is no longer subject to an …

     
 
 

FBI: this mortgage scam is more common than ransomware attacks :: WRAL.com

WRAL-TV

FBI: this mortgage scam is more common than ransomware attacks … Offer accepted! The house was about to be the Henkel family’s new home, just as soon …

     
 
 

Detroit’s ‘fake landlord’ scam is leaving victims homeless. Officials aim to stop it. – NBC News

NBC News

The NBC News/Outlier Media investigation found that the scam has flourished in the wake of tens of thousands of mortgage and tax foreclosures that …

     
 
 

Four North Carolina men sentenced to prison for bank fraud :: WRAL.com

WRAL-TV

According to prosecutors, the co-conspirators tried to secure more than $1 million in fraudulent loans and merchandise.

     
 
 

FSRA calls out this unlicensed mortgage business

Mortgage Professional America

Read more: Ontario lawyers put on high alert for mortgage fraud. According to the regulator, the unlicensed activity is operating out of a …

     
 
 

Former London, Miami art dealer pleads guilty in fraud case :: WRAL.com

WRAL-TV

He pleaded guilty to a single count of wire fraud after prosecutors said he … FBI: This mortgage scam is more common than ransomware attacks.

     
 
 

iLender offers Calif. home sellers up to $3 million guaranteed if buyer falters – Pasadena Star-News

Pasadena Star-News

It has never been so easy to posture like a big-shot all-cash homebuyer. Qualify and get pre-approved for a mortgage.

     
 
 

UK drops criminal investigation against British Pakistani – The News International

The News International

The Birmingham mortgage fraud case became one of the biggest cases of its nature in UK history. Nisar Afzal fled to Pakistan in 2006 at the start …

     
 
 

iLender offers Calif. home sellers up to $3 million guaranteed if buyer falters – San Gabriel …

San Gabriel Valley Tribune

But with that, you can have the 800-pound mortgage money gorilla ready, willing and able to take out the seller at close of escrow. And the cost to …

     
 
 

Mortgage rates climb back up, to 3.10% – HousingWire

HousingWire

How much could wire and title fraud cost lenders? With loan production costs on the rise and the resulting margin compression, lenders should be on …

     
 
 

UWM cancels secondary offering – HousingWire

HousingWire

As UWM’s stock has sagged due to mortgage activity cooling down, the company is engaged … As the housing market changes, so does lending fraud …

     
 
 

At $690000, Southern California home prices hit year’s 8th record – Pasadena Star-News

Pasadena Star-News

Listings are 15% below October 2020 levels, leaving home shoppers with fewer homes to compete over. Low mortgage rates are drawing more home shoppers …

     
 
 

UK Fraud Office drops case against Nisar Afzal, returns assets – Daily Pakistan

Daily Pakistan

The Birmingham Mortgage Fraud case became one of the biggest cases of its nature in UK history and Nisar Afzal fled to Pakistan in 2006 at the …

     
 
 

Criminals exploit buy now, pay later services like Klarna and Afterpay – CNBC

CNBC

Fraudulent activity is on the rise at some of the largest buy now, pay later (BNPL) platforms, according to experts.

Financial Scams In India – Price of Business – Price of Business

Full Coverage

     
 
 

Exec with ties to NY lieutenant governor indicted for campaign fraud – Times Union

Times Union

The indictment alleges Migdol “conspired to obtain fraudulent contributions” for the candidate that would be “used, among other things, to seek public …

     
 
 

SEC ‘zombie claims’ not revived by new law, penny-stock fraud defendants argue | Reuters

Reuters

The 2nd U.S. Circuit Court of Appeals ruled in an influential 2004 decision in In re Enterprise Mortgage Acceptance that the Sarbanes-Oxley …

     
 
 

Glancy Prongay & Murray LLP, a Leading Securities Fraud Law Firm, Announces … – Yahoo Finance

Yahoo Finance

Glancy Prongay & Murray LLP, a Leading Securities Fraud Law Firm, Announces Investigation of … Filo Mortgage Announces New Jumbo Mortgage.

     
 
 

Banks to be forced to compensate victims of financial fraud under new Government proposals

Money Saving Expert

Victims of authorised push payment (APP) scams could be guaranteed to get refunds from the bank, in plans announced by the Payment Systems …

First threats, then personal information leaks; Online loan fraud is rampant again – News8Plus – News8Plus

Full Coverage

     
 
 

SNAP fraud investigation leads to arrest in Mississippi – WCBI

WCBI

JACKSON, Miss. (AP) — A Mississippi woman faces charges for fraudulently receiving food benefits. The Mississippi Department of Human Services, …

     
 
 

DeFi fraud and theft losses reach $10.5 billion in 2021 – Finextra Research

Finextra Research

As regulators hone their focus on Decentralised Finance (DeFi), new data from Elliptic reveals that just over $12 billion in losses have been …

     
 
 

US average 30-year mortgage rate back up over 3% this week – Manistee News Advocate

Manistee News Advocate

Can you identify these suspects accused of retail fraud? Manistee County Blacker Airport has seen 10 cancellations so far in November, according to …

     
 
 

Two Iranians charged by feds in election interference to aid Trump – CNBC

CNBC

Mortgage refinance demand continues its freefall, as interest rates … indictment with conspiracy to commit fraud against US, computer fraud, …

     
 
 

Westhampton Teen Missing + 2022 Montauk Wind Farm + Fish Fraud | East Hampton, NY Patch

Patch

Westhampton Teen Missing + 2022 Montauk Wind Farm + Fish Fraud – East Hampton, NY – The quickest way to get caught up on the most important things …

     
 
 

Adoption Agency Fraud In Strongsville + Forecast + Polaris Grads – Patch

Patch

Adoption Agency Fraud In Strongsville + Forecast + Polaris Grads – Strongsville, OH – The latest on what’s happening in Strongsville, …

     
 
 

Why Ed Case Should Vote Yes On Economic Sustainability For Hawaii | Honolulu, HI Patch

Patch

Neighbor Posts · Local Marketplace · Calendar; Real Estate. Real Estate Listings · Real Estate News · Mortgage · See all communities …

     
 
 

CEI Investors Have Opportunity to Lead Camber Energy, Inc. Securities Fraud Lawsuit – MarketWatch

MarketWatch

… losses have opportunity to lead the securities fraud class action lawsuit against Camber Energy, Inc. (“Camber” or the “Company”) (NYSE: CEI).

     
 
 

Jersey City Man Indicted In Auto Insurance Fraud Scam – Patch

Patch

Between 2016 and 2020 the man is accused of causing 11 fraudulent auto insurance coverage applications to be submitted to Progressive.

     
 
 

Glancy Prongay & Murray LLP, a Leading Securities Fraud Law Firm, Announces … – Benzinga

Benzinga

Glancy Prongay & Murray LLP, a Leading Securities Fraud Law Firm, Announces Investigation of Standard Lithium Ltd. (SLI) on Behalf of Investors.

     
 
 

Charges: Eden Prairie man falsely applied for COVID relief, fled to Colombia – Bring Me The News

Bring Me The News

An Eden Prairie man has been charged with fraud and money laundering … he used for mortgage payments and wire transfers to family and friends.

     
 
 

PennyMac Mortgage Investment Trust Declares Fourth Quarter 2021 Dividends for Its …

Business Wire

PennyMac Mortgage Investment Trust (NYSE: PMT) announced today that its … the Company’s ability to detect misconduct and fraud; the Company’s …

     
 
 

Digital Lending Fraud: RBI panel finds 600 illegal loan apps on app stores – Zee News

Zee News

In the recent past, digital lending frauds are on the rise. More than 2500 complaints were received from January 2020 to March 2021 against …

     
 
 

Hong Kong Charges Consul, Former Lawmaker Over Listing Fraud – BNN Bloomberg

BNN

Chim Pui-chung, 75, and his 52-year-old son, Ricky Chim Kim-lun, jointly face two counts of conspiracy to defraud, the Independent Commission Against …

     
 
 

Blog: Green mortgages – carrot or stick?

Mortgage Finance Gazette

Expanding the use of green mortgages to help drive energy efficiency gains in the property sector will take the efforts of all the housing …

     
 
 

Downtown LA leads the nation as top neighborhood for multi-family deliveries – first tuesday Journal

first tuesday Journal

… adversely affected by the present growing divide between wealthy families and poor families? California’s mortgage fraud risk rises in 2021 …

     
 
 

Two- and five-year fixed rates rise, Moneyfacts data shows – Mortgage Finance Gazette

Mortgage Finance Gazette

The average rate for a two-year fixed rate mortgage rose by 2 basis points to 2.31% this week, shows new Moneyfacts data. There was a small rise …

     
 
 

Raleigh ACORNS + School Reassignment + McD’s Insurance Fraud – Patch

Patch

Raleigh ACORNS + School Reassignment + McD’s Insurance Fraud – Raleigh, NC – The latest on what’s happening in Raleigh, delivered right to your …

     
 
 

nCino To Acquire SimpleNexus – NMP – National Mortgage Professional

National Mortgage Professional

SimpleNexus serves more than 300 independent mortgage banks (IMBs), over 80 banks … October 2021 Cover of NMP Magazine, titled Fraud Fires Up.

     
 
 

Kessler Topaz Meltzer & Check, LLP Reminds Investors of Securities Fraud Class Action …

Benzinga

The law firm of Kessler Topaz Meltzer & Check, LLP informs investors that a securities class action lawsuit has been filed against Snap Inc.

     
 
 

Black & White Bridging adds relationship manager – Mortgage Introducer

Mortgage Introducer

… where he specialised in property finance and commercial mortgages. … This statistic is particularly concerning as fraudulent documents are …

     
 
 

Third quarter sees bridging loans completions fall – Mortgage Finance Gazette

Mortgage Finance Gazette

Bridging loan completions fell by 6.1% in the third quarter of the year to £1bn, compared to the previous three months, although this figure …

     
 
 

UWM Eliminates Mortgage Insurance With MI Buster

National Mortgage Professional

Now that mortgage rates are rising, the elimination of MI can help borrowers and first-time-buyers afford better homes with more manageable …

     
 
 

Fintech Mortgage Proven To Reduce Racial Bias In Lending

National Mortgage Professional

Technology-based Fintech mortgage may be the answer to reducing, and ultimately eliminating, racial bias and discrimination in lending, …

     
 
 

NDO Passes + Panthers Give Back + Bank Fraud Scheme Unwound | Charlotte, NC Patch

Patch

NDO Passes + Panthers Give Back + Bank Fraud Scheme Unwound … Charlotte Daily is brought to you by Newrez, a leading nationwide mortgage lender.

     
 
 

Bravo Pharmacy Settles With AG Over Alleged Billing Fraud | Jamaica Plain, MA Patch

Patch

The Jamaica Plain pharmacy allegedly billed MassHealth for automatic refills of a prescription multivitamin that wasn’t given to patients.

     
 
 

Property title fraud: millions exposed by not signing up to Land Registry alert – Lovemoney

Lovemoney

… against such property title fraud. We’ve teamed up with Compare the Market* to help you compare mortgages and find the right deal for you.

Grand Jury Report: Faulty Notarizations Facilitated Deed Fraud Epidemic – Simply Notarize Remote Online Notary & Signing Agency

Full Coverage

     
 
 

US average 30-year mortgage rate back up over 3% this week | National News | kulr8.com

KULR-8

SILVER SPRING, Md. (AP) — The average long-term U.S. mortgage rate rose this … banks accused of helping man sentenced to prison for bank fraud …

How to Help Detect Real Estate Fraud – Yala News Agency – UEL Resins & Fibreglass – UEL Resins & Fibreglass

Full Coverage

     
 
 

Mortgage holders could be in for a shock as the next rate hike looms – Livewire Markets

Livewire Markets

In the context of recent moves in interest rates, we decided to take a walk down memory lane to recall how rising mortgage rates played an …

     
 
 

Capital Markets, Comp, Social Media Products; Tech Change Study; Housing Starts …

Mortgage News Daily

If you need exclusive mortgage leads for your LOs, talk to the team at Monster. … But fraud is lurking around every corner on the internet, …

     
 
 

Man Pleads Guilty To Wire Fraud – News Nation USA

News Nation USA

JACKSONVILLE, Fla. (CW44 News AT 10)– Juan Carlos Arteaga (58, Conroe, TX) today pleaded guilty to one count of wire fraud.

     
 
 

‘Halifax took my final mortgage payment too soon, then charged me £1,000′ – The Telegraph

The Telegraph

A homeowner becomes mortgage-free for the first time in 50 years, but is left stunned by an incorrect early repayment penalty.

     
 

 

     
 

Foreclosure Daily News Update ⋅ November 19, 2021

 
     
 

Foreclosure activity sees 6th consecutive increase in Q3, but rate is slowing: report | Fox Business

Fox Business

Homeowners still have time as mortgage foreclosure rates slow. Although foreclosures are increasing, data shows mortgage servicers are working with …

R2010-1301.pdf – Anyone can search and view this document – DocumentCloud – DocumentCloud

Foreclosures on the rise, but how to avoid it | FA News – Financial Assets

Full Coverage

     
 
 

New York Judge Allows Foreclosure Despite Hardship Declaration – The Real Deal

The Real Deal

NY foreclosure ban does not apply to shell companies, judge rules. Decision against owner who declared hardship paves way for foreclosures on …

Can a Lender be forced to fix and honor a Reinstatement Quote to Cure Default they offered … – Lawyers.com

Top 10 Best Foreclosure Bidding near Spring, TX 77379 – November 2021 – Yelp – Yelp

New York Judge Allows Foreclosure Despite Hardship Declaration – newsotime – newsotime

Full Coverage

     
 
 

New York Gets $539M for Homeowners Facing Foreclosure – The Real Deal

The Real Deal

NY homeowners behind on mortgages get $539M from feds. Foreclosure-prevention funding is just 9% of New Yorkers’ estimated delinquency. New York …

     
 
 

PUBLICATION CRS §38-38-103 FORECLOSURE SALE NO. 21-0325 | Legals – The Mountain Mail

The Mountain Mail

PUBLIC NOTICE · CRS §38-38-103 FORECLOSURE SALE NO. 21-0325 · Original Grantor(s). James H. Evans and Munsuk Evans · Original Beneficiary(ies) · Current …

State of Vermont Mortgagees Notice of Foreclosure Sale of Real Property Under 12 VSA … – Vermont Community Newspaper Group

Hot Topics in NY Foreclosure During Cold Times – Celesq – Celesq

Are you Facing Foreclosure in Chicago? – Express Property Solutions Can Help – Express Property Solutions

Full Coverage

     
 
 

Moratorium staved off rush of foreclosures, new state data shows – The Nevada Independent

The Nevada Independent

Foreclosures in Nevada in the last fiscal year tumbled to less than half of what they were a year earlier, despite fears of a housing crisis in …

     
 
 

Long Island homeowners at risk of foreclosure can apply for state aid | Newsday

Newsday

New York homeowners who declare a COVID-19-related financial hardship are protected from being foreclosed on under a state moratorium that will …

How to Claim Surplus Funds from Foreclosure (Step by Step Tutorial) – YouTube – YouTube

Full Coverage

     
 
 

Zombie foreclosures not as widespread as 2008 crisis but could creep up soon – silive.com

Staten Island Advance

Foreclosure activity already is on the upswing. So, depending on how fast cases wind through the courts, it’s probably just a matter of time before …

     
 
 

Caribou Council waives foreclosure on troublesome tax-acquired properties – The County

The County

The council also opted to leave property at 375 Belanger Road on the list of future foreclosures. Though councilors waived the foreclosure last year, …

     
 
 

Whatcom County to Hold First-Ever Online Auction for Real – GlobeNewswire

GlobeNewswire

Whatcom County to Hold First-Ever Online Auction for Real Property Tax Foreclosure Properties via Bid4Assets.com. Online Auction Scheduled for …

3Q Home Auction Prices Up 15%; 3 in 5 Consumers Would Consider Buying … – MBA Newslink – MBA Newslink – Mortgage Bankers Association

Whatcom County to Hold First-Ever Online Auction for Real Property Tax … – Forest Agri Services – Forest Agri Services

FORECLOSURE AUCTION Cemetery 30 in , by Tranzon – Auction Bill

Full Coverage

     
 
 

New Jersey man pleads guilty to sexually assaulting young girls in Mid-Michigan – ABC12

ABC12

He met the girls on Snapchat and traveled to Houghton Lake for a sexual encounter, which he recorded. Federal courts can now hear property tax …

     
 
 

Young Dolph Reportedly Owned Over 100 Memphis Properties & Bought Foreclosures For …

HotNewHipHop

“Damn! @youngdolph rarely rapped about his real estate portfolio but he owned over 100 properties in Memphis and he also purchased a foreclosure for …

     
 
 

This Boca Raton center helped kids for decades. Now foreclosure looms for the holidays. – MSN

MSN

The foreclosure case, which pertains to the center’s mortgage, is pending, court records show. During the pandemic, the center halted the crucial …

     
 
 

How Detroit’s ‘Fake Landlord’ Scam Is Forcing People Out of Their Homes | WDET

WDET

“Detroit has had so much foreclosure and so many properties have turned over that many tenants say they have no idea who to pay rent to or who …

     
 
 

Harbor Beach City Council sells off foreclosed properties – Midland Daily News

Midland Daily News

Over the past three to four years, the Huron County treasurer has foreclosed several…

     
 
 

Detroit’s ‘fake landlord’ scam is leaving victims homeless. Officials aim to stop it. – NBC News

NBC News

Foreclosures have destabilized the housing landscape in the city, … One is a foreclosure prevention effort that, beginning as soon as next month …

     
 
 

Goldman Sachs Sub Is Sued Under FDCPA With 1208 NY Foreclosures Cited In SDNY

Inner City Press

Inner City Press covered it. The plaintiff says Goldman’s MTGLQ Investors LP “filed over 1208 collections / foreclosure cases in New York courts.

     
 
 

Statement from Governor Kathy Hochul on Homeowner Assistance Fund Approval | Homes …

Homes and Community Renewal

… which will ultimately distribute nearly $539 million to assist homeowners who are at the greatest risk of foreclosure or displacement.

     
 
 

OCC orders Chicago bank entangled in Manafort scandal to boost controls | Banking Dive

Banking Dive

Manafort needed the loans to avoid foreclosure on multiple properties, the Justice Department said. The agreement did not mention Manafort or Calk …

     
 
 

PODCAST: Helping homeowners | CUNA News

CUNA News

This includes helping homeowners stay in their homes and avoid foreclosure. In this episode, Pinto also explores mortgage and homeownership trends to …

     
 
 

Reading School Board considering a role in land bank – Yahoo News

Yahoo News

A land bank is one of the better tools to acquire blighted properties through donation, purchasing, municipal transfer or tax sale foreclosure.

     
 
 

‘High and dry’: Oligarch’s Ohio factory goes up in smoke | Pittsburgh Post-Gazette

Pittsburgh Post-Gazette

… and his associates stopped paying the loan money and owe $1.3 million in taxes on the hotel, which is now in foreclosure and under a receiver.

     
 
 

Federal home aid is coming along with winter | Finance & Commerce

Finance & Commerce

“Time is of the essence because the foreclosures will be starting next year,” … reduced participants’ chances of default or foreclosure by 40%.

     
 
 

18 New Housing Units, Including Townhomes and Condominiums Planned for Woodlawn

City of Chicago

… City Lots for Working Families · Community Connections Home Buyer Assistance Program · Foreclosure Prevention and Housing Counseling Centers …

     
 
 

Holidays May Be Right Time For Previously Unsuccessful Homebuyers To Try Again – YouTube

YouTube

What is a Cash For Keys Move Out Agreement on a Foreclosure? HomeFax. HomeFax. •. 4.3K views 9 years ago · ‘Bloomberg Technology’ Full Show …

     
 
 

Fitch Upgrades CASPR-1’s Class B Notes

Fitch Ratings

The removal of the coronavirus additional stresses has also reduced the weighted average foreclosure frequency (WAFF). However, the notes’ ratings …

     
 
 

Median home prices increased in 62% of Opportunity Zones in Q3 – The Business Journals

The Business Journals

The increase comes after a moratorium on foreclosures expired this … “A foreclosure surge could have an extra-severe impact on lower-income …

     
 
 

Giving Tuesday on Nov. 30 an opportunity to support, offer thanks to local nonprofits – Wrangler News

Wrangler News

The City and the Arizona Foreclosure Prevention Task Force will present a two-day event in November to help homeowners facing foreclosure.

     
 
 

Bogino Properties LLC, the problem solvers to sell your house fast for cash. – PR Underground

PR Underground

From avoiding foreclosure to getting rid of an inherited property, they are the problem-solvers you need. Milton, Georgia (PRUnderground) November …

Professional Foreclosure Cleaning Services – Modiged.com – Modiged.com

Full Coverage

     
 
 

Young Dolph Reportedly Owned Over 100 Properties in Memphis – VladTV

VladTV

According to Jackson, Dolph personally told him that he owned over 100 properties and bought a foreclosure every year for his children’s birthdays …

     
 
 

Lee White Obituary (2021) – Chippewa Falls, WI – Legacy.com

Legacy.com

He bought his home eight years ago in Cornell through foreclosure and fixed it into the masterpiece it is today with the help of his friend Dave …

     
 
 

U of I trustees approve request for increased funding – YouTube

YouTube

Foreclosure fees has local judge steaming mad. ABC Action News. ABC Action News. •. 3.4M views 10 years ago · Tucker: Liberals ‘horrified’ NYC …

     
 
 

Public Notices – | Babylon Beacon

Babylon Beacon

Foreclosed Property established by the Tenth Judicial District. … Nunc Pro Tunc Relief, Default Judgment and Judgment of Foreclosure and Sale

     
 
 

October Zillow Home Value Index: “Housing Market Settling into New Normal”

Advisor Perspectives

Eric Stubbs, Ph.D. at RBC WM believes foreclosure sales is a matter of taste and says that foreclosures are actual sales, so they do in fact affect …

     
 
 

State attorneys general probing Instagram’s effects on kids | Business | pressofatlanticcity.com

Press of Atlantic City

Foreclosure starts tick up in Pennsylvania, N.J., and nationwide. Nov 10, 2021. Three months after the end of a federal foreclosure moratorium …

     
 
 

Home On Three-Quarters Of An Acre Going For $777,800 | Germantown, MD Patch

Patch

… Price: $777800; Square feet: 4262; Bedrooms: 4; Bathrooms: 3.5; Listing Description: Bank-owned foreclosure presents a wonderful opportunity.

     
 
 

Legals for 11/19/2021 — 11/25/2021 | Alabama Metropolitan

Spot On Alabama

NOTICE OF MORTGAGE FORECLOSURE SALE STATE OF Alabama COUNTY OF ETOWAH Default having been made of the terms of the loan documents.

     
 
  WEB  
 

No residential eviction legal proceeding or property foreclosure measures to-be initiated …

ÉOLE Paris

20-94 (April 2, 2020) suspends and tolls procedure of Fl property foreclosure statutes for 45 times. Florida (judicial foreclosures): Administrative …

     
 
 

RoundPoint Mortgage Servicing Corporation hiring Foreclosure Oversight Specialist in … – LinkedIn

LinkedIn

Posted 9:08:35 PM. Position SummaryThe Foreclosure Oversight Specialist is responsible for monitoring and completing…See this and similar jobs on …

     
 
 

Florin Patrascoiu on LinkedIn: How to Buy a Foreclosure: Your Go-To Guide to Distressed Properties

LinkedIn

Florin Patrascoiu. Chief Inspiration Officer, RE/MAX Premier Group. 5d. Report this post. How do you buy a foreclosure?

     
 
 

RoundPoint Mortgage Servicing Corporation hiring AVP – Foreclosure & Bankruptcy in … – LinkedIn

LinkedIn

Posted 2:08:14 AM. Position SummaryProvide leadership and direction for all foreclosure and bankruptcy activities in…See this and similar jobs on …

     
 
 

Bank Foreclosure – antiques – by owner – collectibles sale – craigslist

craigslist

Bank Foreclosure – $87,000 (Meadview) … 1989 Redman Mobile home 28×56 with front wood deck and Attached carport concrete drive on 1/3 acre in Meadview …

     
 
 

November Foreclosure Virtual Workshop – Chicago Urban League

Chicago Urban League

November Foreclosure Virtual Workshop. November 30, 2021 6:00 pm – 7:30 pm. Online. Register · Donate. SUBSCRIBE TO OUR NEWSLETTER.

     
 
 

Browse Jobs – Workway | Title, Escrow, Mortgage & Foreclosure Staffing | TX, AZ, CA & FL

Workway

Workway, Inc. is an Equal Opportunity Employer. All qualified applicants will receive consideration for employment without regard to race, color, …

     
 
 

Bill Status for HB5776 – Illinois General Assembly

Illinois General Assembly

… (i) the transfer to a holder of a mortgage pursuant to a mortgage foreclosure proceeding or pursuant to a transfer in lieu of foreclosure; …

     
 
 

2-Day Real Estate Investing Foreclosure Workshop – Roselle – Eventbrite

Eventbrite

2-Day Real Estate Investing Foreclosure Workshop – Roselle. Fri, Nov 19, 2021 2:00 PM – 7:00 PM CST. General Admission. Free. General Admission.

     
 
 

2-Day Real Estate Investing Foreclosure Workshop – Bellwood – Eventbrite

Eventbrite

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Perfection in Proceeds Under Revised Article 9

Feb 2001

Lien on Me

Journal Article: 

As discussed in last issue’s column, revised Article 9 greatly expands the definition of “proceeds” so that a security interest in specific collateral will automatically extend to after-acquired property that is derived from the original collateral, even if there is no disposition of the original collateral. Thus, even in the absence of any language in the security agreement, the secured party will automatically get a lien on whatever is received when the original collateral is sold, leased, licensed or disposed of, and on whatever is collected on, or distributed on account of, the collateral. See §§9-315(a)(2) & 9-102(64)(A & B).1 In addition, the lien will extend to any rights arising out of the collateral and claims arising from, or insurance payable as a result of, loss, damage, defects, nonconformity or interference with the use of, or infringement of rights in, the collateral. See §9-102(64)(C, D & E).

This expansion of the reach of the creditor’s security interest has implications both in and out of the bankruptcy context. Outside of bankruptcy, it gives the creditor the ability to reach property generated by its collateral, instead of merely property that replaces the original collateral. As a result, it will reduce the amount of unencumbered assets that are available to unsecured creditors. The expanded scope of proceeds will also increase the likelihood of priority disputes where two different secured creditors claim the same property as collateral.

The expanded reach of the secured creditor’s lien on proceeds will have a number of implications in bankruptcy. This column will analyze the basic perfection rules for proceeds and the interplay between the new rules and the bankruptcy trustee’s “strong-arm” power under §544 of the Bankruptcy Code. Next month’s column will focus on the effects of the new proceeds rule on §363 cash-collateral issues and the extent to which the new rule will allow secured creditors to reach property generated post-petition under §552.

The §544 “Strong-arm” Power

Section 544(a)(1) of the Bankruptcy Code gives the trustee or debtor-in-possession the status of a hypothetical judicial lien creditor that obtained its lien at the time of commencement of the bankruptcy case. Under both the current law and revised Article 9, such a judicial lien creditor will have priority over an unperfected security interest. See current §§9-301(1)(b) and 9-317(a)(2).2 Thus, although new §9-315(a)(2) causes the security interest to attach to any identifiable proceeds of the creditor’s collateral, the creditor’s ability to assert its lien in bankruptcy will depend on whether the proceeds security interest is perfected.

Perfection of Proceeds

Since the proceeds collateral may be of a type different from the original collateral, the steps taken to perfect a security interest in the original collateral may not be the appropriate steps to take in order to perfect a security interest in collateral of the new type. With some revisions, the new act carries forward the current rules that specify the extent to which new steps must be taken in order to maintain perfection in proceeds.

Like current law, if the security interest in the original collateral was perfected, then the proceeds security interest is automatically perfected for a short period of time, giving the creditor an opportunity to take the steps necessary in order to maintain perfection. Compare current §9-306(3) with §9-315(c & d). If the security interest in the original collateral was not properly perfected, then the security interest in proceeds will not be perfected automatically.

The revised act extends the period of automatic perfection from 10 to 20 days. On the 21st day after the security interest attaches to the proceeds, it will become unperfected unless one of three conditions is satisfied. See §9-315(d). Unlike current law, this lapse in perfection is prospective only and apparently does not permit a competing interest that arose while the security interest was perfected to move ahead in priority. See §9-315, cmt. 4.

The three conditions for maintaining perfection are phrased in terms similar to current law. However, other changes in the revised act likely will have the effect of preventing lapses in almost all cases where the original security interest was perfected by filing a financing statement.

The first of the three conditions for continuing perfection after the 20th day is the simplest. If the proper steps for perfecting a security interest in the type of collateral that constitutes proceeds are taken before the 21st day after attachment, then perfection is maintained. See §9-315(d)(3). These steps could be taken during the 20-day grace period, or they could have been taken long before the proceeds were generated. For example, if the creditor has perfected a security interest in the debtor’s checking account by “control,”3 and the debtor uses funds from that account to acquire a piece of equipment, the creditor’s proceeds security interest in the equipment would be automatically perfected for the first 20 days. If the creditor filed a financing statement listing “equipment” during the 20-day period,4 its security interest in the equipment would remain perfected after the 20th day. Similarly, if the creditor had previously filed a financing statement listing “all assets,” then that earlier-filed financing statement would perfect the proceeds security interest in the new equipment immediately upon its acquisition.

If it becomes common practice to file “all-assets” financing statements, as your author expects, then there will be only a few situations where proceeds perfection might lapse in favor of a bankruptcy trustee. This is because of the combination of various features of the revised act. First, an all-assets financing statement filed to perfect the security interest in the original collateral will be sufficient to perfect the proceeds security interest, even though the proceeds constitute a different type of collateral. Second, except for certain real estate-related collateral, all financing statements relating to a particular debtor will be filed in a single office in the debtor’s state of incorporation or state of residence.5 Finally, the filing of a financing statement will perfect a security interest against a lien creditor or trustee in bankruptcy with respect to several new types of assets that previously had to be perfected by either possession or control. See §9-312(a) (filing for chattel paper, instruments, negotiable documents and investment property).

For example, if a negotiable promissory note is received as proceeds, an all-assets filing will perfect against a trustee in bankruptcy, although it will not provide perfection against a competing purchaser or a secured creditor who takes possession of the note. See §9-330(d). The combined result of these three new rules will be that an all-assets financing statement filed at the outset of the transaction will be sufficient to perfect a security interest in most types of proceeds against a trustee in bankruptcy.

One class of proceeds that generally cannot be perfected by filing is “cash proceeds.” This group includes money, which must be perfected by possession, and deposit accounts, which must be perfected by control. See §§9-102(9) and 9-312(b)(1 & 3). However, here the second condition allows perfection to be maintained for as long as the cash proceeds are traceable. Section 9-315(d)(2) provides that a security interest in “identifiable cash proceeds” remains perfected after the 20th day. Since the cash proceeds likely will have been commingled with other funds, the critical issue under this provision will be whether the cash proceeds remain “identifiable.” The act expressly provides that cash proceeds are identifiable “to the extent that the secured party identifies the proceeds by a method of tracing, including application of equitable principles…” See §9-315(b)(2). The comment to that provision specifically mentions the “lowest intermediate balance rule” as one such equitable tracing principle that may be applied. See §9-315, cmt. 3.

The third condition is the “same-office” rule. This rule applies to maintain perfection if (1) a filed financing statement covers the original collateral, (2) the proceeds are collateral that could be perfected by filing a financing statement in the same filing office as the original statement, and (3) the proceeds were not acquired with cash proceeds. For example, if the original financing statement described the collateral as “inventory,” the proceeds security interest in the accounts generated when inventory is sold would be perfected as long as the proper office for filing an “accounts” financing statement is the same office where the “inventory” financing statement is on file. Thus, a financing statement listing only inventory can perfect a proceeds security interest in accounts, and the secured creditor has no duty to amend its filing to reflect that accounts also are covered. This rule does not apply if there are intervening cash proceeds. A two-part example illustrates this point. If the debtor trades some inventory for a piece of equipment, the “inventory” financing statement will perfect the proceeds security interest in the equipment (assuming that the equipment could have been perfected by filing an “equipment” financing statement in the same filing office). If, on the other hand, the debtor sells the inventory for cash and then uses the cash to purchase the equipment, the proceeds security interest in the equipment would not be perfected by the inventory financing statement.

While collateral descriptions are critically important under current law, extensive use of all-assets financing statements under the revised act (as discussed above) should limit the need to rely on the same-office rule. However, in those cases where a narrowly worded collateral description is used in the original financing statement, the “same office” rule will provide far greater protection than it does under current law. The revised act expands the reach of the “same office” rule in two ways. First, under current law, financing statements for tangible collateral (like inventory) are filed in the state where the collateral is located, while those covering intangibles (like accounts) are filed in the state where the debtor’s chief executive office is located. See current §9-103. Thus, if the inventory and the chief executive office are located in different states, the same-office rule does not maintain perfection of the proceeds security interest in the accounts. Since the revised act centralizes filing and requires that almost all financing statements relating to a debtor be filed in the debtor’s state of incorporation or residence, there will rarely be a case where the proceeds filing would need to be in a different office. Second, since filing can now be used to perfect instruments and investment property against a trustee in bankruptcy, the rule will apply in situations where it previously did not apply. For example, the same-office rule will now cause the “inventory” financing statement to perfect a security interest in a negotiable promissory note received as proceeds.

The net effect of these rules will be to enhance the secured creditor’s position in bankruptcy. The expanded “proceeds” definition will significantly extend the reach of a secured creditor’s proceeds claim, while the new perfection rules will reduce the opportunities for a bankruptcy trustee or debtor-in-possession to avoid a proceeds security interest claim under §544.

Enactment Update

The revised act’s effective date of July 1 is now only five months away. However, even with the recent addition of Michigan to the list of adopting states, only 28 states plus the District of Columbia had adopted revised Article 9 as of early January. As state legislatures reconvene, expect to see a flurry of enactment activity in the coming months.

Footnotes

1 All citations are to the revised 1999 version of Article 9 of the Uniform Commercial Code, unless otherwise indicated. Citations to the currently applicable 1972 version of Article 9 are indicated by the term “current.” Return to article

2 Note that the revised act slightly modifies current law to increase the protection afforded secured creditors. Under current law, the security interest must be “perfected” before a judicial lien attaches in order to have priority over it. Since “perfection” requires attachment, and attachment requires that value be given and that the debtor have rights in collateral, the secured creditor’s priority does not date from the filing of its financing statement. The revision modifies this rule by giving the secured creditor priority over lien creditors from the date of filing in cases where the parties have entered into a security agreement. Return to article

3 For a discussion of security interests in bank accounts, see Warner, G. Ray, “Deposit Accounts as Collateral Under Revised Article 9,” 19 ABI Journal 18 (No. 6, July/August 2000). Return to article

4 Note that the debtor’s signature is no longer needed on a financing statement, so the creditor would not need the assistance of the debtor in order to maintain perfection. Return to article

5 See Warner, G. Ray, “New Filing Rules Follow the Debtor,” 19 ABI Journal 16 (No. 2, March 2000). Return to article

Bankruptcy Rule: 

2001

Journal Author: 

  1. Ray Warner

 

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