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Initial Brief BOOM! MORTGAGE PROMISSORY NOTES ARE NOT NEGOTIABLE INSTRUMENTS… ONE OF FLORIDA’S BEST JUDGES FINDS…

Initial Brief BOOM! MORTGAGE PROMISSORY NOTES ARE NOT NEGOTIABLE INSTRUMENTS… ONE OF FLORIDA’S BEST JUDGES FINDS…

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Published by TruthPress

http://4closurefraud.org/2012/07/06/boom-mortgage-promissory-notes-are-not-negotiable-instruments-one-of-floridas-best-judges-finds/ BOOM! MORTGAGE PROMISSORY NOTES ARE NOT NEGOTIABLE INSTRUMENTS… ONE OF FLORIDA’S BEST JUDGES FINDS…Let’s start with real basic stuff here. Sometimes law is complex, nuanced, difficult. Other times it’s black and white…you just read the words, look at the facts and the answer is unavoidable. Such is the case with the simmering dispute over the fact that the notes that are part of nearly every residential foreclosure case are not negotiable instruments. Oh sure, too many courts won’t take the time to consider the argument and…just yesterday I heard an appellate court argument where the judges just kept repeating the mantra, “this is a negotiable instrument” without ever doing any analysis at all and without any finding of that “fact” from the trial court. The attorney needed to stop the appellate judge right there and say, “No Your Honor, it’s Not A Negotiable Instrument”. Just last week, in a trial court, here’s exactly they way it went down. Now, keep in mind, this argument in court was supplemented by a long and detailed memo similar to the one attached here. The best part it was in front of one of Florida’s most respected and brilliant judges. He’s been on the bench longer than I’ve been alive, he knows more law in the tip of his finger than most lawyers get in their whole bodies in an entire lifetime, he’s presided over tens of thousands of foreclosure cases. It was a beautiful thing to see an argument before a dedicated jurist whose seen and heard it all before that really made him sit up, dig in to those decades of judicial wisdom and then do the heavy lifting. That’s one of the beautiful things about this job….despite decades of work and hundreds of years of law, out of nowhere something new and exciting can still get the intellect and wisdom fired up and shooting like a cannon. Here’s how it goes down: Your honor, I’ve highlighted and present for you the statutory definition of a “negotiable instrument”. Because it’s a statutory definition, it’s black and white. We cannot alter or weave or color it with shades of gray….here’s what it is: 673.1041 Negotiable instrument.— (1) Except as provided in subsections (3), (4), and (11), the term “negotiable instrument” means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it: (a) Is payable to bearer or to order at the time it is issued or first comes into possession of a holder; (b) Is payable on demand or at a definite time; and (c) Does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money. FL Article 3 Be sure to check out the rest here… http://mattweidnerlaw.com/blog/2012/07/boom-mortgage-promissory-notes-are-not-negotiable-instruments-one-of-floridas-best-judges-finds/ BOOM! Mortgage Promissory Notes Are NOT NEGOTIABLE INSTRUMENTS…..ONE OF FLORIDA’S BEST JUDGES FINDS….. July 6th, 2012 | Author: Matthew D. Weidner, Esq. Let’s start with real basic stuff here. Sometimes law is complex, nuanced, difficult. Other times it’s black and white…you just read the words, look at the facts and the answer is unavoidable. Such is the case with the simmering dispute over the fact that the notes that are part of nearly every residential foreclosure case are not negotiable instruments. Oh sure, too many courts won’t take the time to consider the argument and…just yesterday I heard an appellate court argument where the judges just kept repeating the mantra, “this is a negotiable instrument” without ever

http://4closurefraud.org/2012/07/06/boom-mortgage-promissory-notes-are-not-negotiable-instruments-one-of-floridas-best-judges-finds/ BOOM! MORTGAGE PROMISSORY NOTES ARE NOT NEGOTIABLE INSTRUMENTS… ONE OF FLORIDA’S BEST JUDGES FINDS…Let’s start with real basic stuff here. Sometimes law is complex, nuanced, difficult. Other times it’s black and white…you just read the words, look at the facts and the answer is unavoidable. Such is the case with the simmering dispute over the fact that the notes that are part of nearly every residential foreclosure case are not negotiable instruments. Oh sure, too many courts won’t take the time to consider the argument and…just yesterday I heard an appellate court argument where the judges just kept repeating the mantra, “this is a negotiable instrument” without ever doing any analysis at all and without any finding of that “fact” from the trial court. The attorney needed to stop the appellate judge right there and say, “No Your Honor, it’s Not A Negotiable Instrument”. Just last week, in a trial court, here’s exactly they way it went down. Now, keep in mind, this argument in court was supplemented by a long and detailed memo similar to the one attached here. The best part it was in front of one of Florida’s most respected and brilliant judges. He’s been on the bench longer than I’ve been alive, he knows more law in the tip of his finger than most lawyers get in their whole bodies in an entire lifetime, he’s presided over tens of thousands of foreclosure cases. It was a beautiful thing to see an argument before a dedicated jurist whose seen and heard it all before that really made him sit up, dig in to those decades of judicial wisdom and then do the heavy lifting. That’s one of the beautiful things about this job….despite decades of work and hundreds of years of law, out of nowhere something new and exciting can still get the intellect and wisdom fired up and shooting like a cannon. Here’s how it goes down: Your honor, I’ve highlighted and present for you the statutory definition of a “negotiable instrument”. Because it’s a statutory definition, it’s black and white. We cannot alter or weave or color it with shades of gray….here’s what it is: 673.1041 Negotiable instrument.— (1) Except as provided in subsections (3), (4), and (11), the term “negotiable instrument” means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it: (a) Is payable to bearer or to order at the time it is issued or first comes into possession of a holder; (b) Is payable on demand or at a definite time; and (c) Does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money. FL Article 3 Be sure to check out the rest here… http://mattweidnerlaw.com/blog/2012/07/boom-mortgage-promissory-notes-are-not-negotiable-instruments-one-of-floridas-best-judges-finds/ BOOM! Mortgage Promissory Notes Are NOT NEGOTIABLE INSTRUMENTS…..ONE OF FLORIDA’S BEST JUDGES FINDS….. July 6th, 2012 | Author: Matthew D. Weidner, Esq. Let’s start with real basic stuff here. Sometimes law is complex, nuanced, difficult. Other times it’s black and white…you just read the words, look at the facts and the answer is unavoidable. Such is the case with the simmering dispute over the fact that the notes that are part of nearly every residential foreclosure case are not negotiable instruments. Oh sure, too many courts won’t take the time to consider the argument and…just yesterday I heard an appellate court argument where the judges just kept repeating the mantra, “this is a negotiable instrument” without ever

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Published by: TruthPress on Jul 07, 2012
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