EPISODE46 - GREG DA GOOSE - MORTGAGE ANALYSIS & PERSONAL EVICTION
Update: 2016-08-11
Description
IM UP TO MY EYEBROWS WITH THEORY AND GOOD INTENTIONS FOLKS! WE'VE BEEN WORKING OUR TAIL-FEATHERS OFF -FOR FREE- TO HELP ALL OF YOU... WHERE ARE ALL THE EXPERTS AND LAWYERS WHEN THE GOOSE DROPPINGS HIT THE FAN? NOWHERE... You may have wondered what happened to the show the past 2 weeks... well, we were sort-of pre-empted. On Thursday July 28, 2016 at apx. 8AM Central, we were forcibly taken out of out home at gunpoint. I've been staring at the sentence structure of the TRANSFER OF RIGHTS IN THE PROPERTY paragraph located just below the definition section of the Fannie/Freddie uniform mortgage instrument. If you really think that this is crazy talk, then my brutally loving English professors are rolling in their graves... i was an ace in writing. Since 1981, I've written, helped write and edited so many contracts and technical articles, i come at this with near expert level review... So, let's slow down and use our 300 level English skills to analyze it based on what is really says versus what we want or anticipate it to mean... and while it may sound like legal heresy; court opinions notwithstanding... Presumptions can be fatal and repeating errors of the past do not render such errors true and correct... (i give you the civil rights movement as a prime example) After all, contract law (as well as legislation) is based on the unambiguous meaning of the written word, and when clear on its face, must be taken (not interpreted) as meaning what was written, and saying only that... Note that this language comes from a document which is purported to be a uniform Fannie/Freddie instrument so; portions may apply to all people: To wit: "For this purpose, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns, the following described property located in the COUNTY of COOK: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF." Truly, if the sole intent was to grant a mortgage security lien attaching to the property in the event of default, the sentence might read something like: "...Borrower does hereby grant and convey a/this mortgage to Lender securing the following described property..." THIS IS NOT WHAT IS WRITTEN!
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