Nemo Dat- Say What?

You may have heard it but do you know what is meant by this is very important maxim of law principle? It is very powerful and is known under the Latin term Nemo dat quod non habet. The common law principle of Nemo dat quod non habet literally means one cannot sell what one does not own, and yet this is done time and time again. This falls under: General rule - section 21(1) Sale of Goods Act 1979 21(1) Subject to this Act, where goods are sold by a person who is not their owner, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of goods is by his conduct precluded from denying the seller's authority to sell. Because the courts are under the presumption that what the bank is saying and the actions that they are taking are true and correct. The people fighting the banks are in a quandary. The judge’s inadequacy of applying correct findings of law is due to the rancid pungency from the many caldrons of misinformation. This misinformation comes boiling over from the banks and inept lawyers. This misinformation is then spread liberally to pleadings and briefs as one would make a peanut butter and jelly sandwich. More knowledge is needed and required in order to have a complete understanding of legal rights that pertain to Legal Title of property. What was to have taken place? What did take place? What did not take place? All of these relevant questions must be answered in order for one to have a more complete understanding of what rights were acquired; If they were acquired at all. The concept that a Note holder, even one who is not legitimate, may nevertheless bring an action on the Homeowner Note is entrenched in commercial law, and commonly summarized by the axiom “even a thief may enforce a note.” However, the taking of the Homeowners Home by foreclosure is an alternate equitable remedy and equity does not allow a “thief” to use a stolen Promissory Note to foreclose through the Homeowners Mortgage lien. Now is the time to quit holding your tongue. Let the words come out. Spew forth the wrong doings of the lenders and the servicers. Now is the time to make this whole. This is not the time for half-truths. Do you choose to stand up or lay down? I cannot make that decision for you. What I can do is to equip you with the tools. The tools are these writings. Use them wisely. Respectfully, Joseph Esquivel Mortgage Compliance Investigators Copyrighted© 2013 (888) 491 – 3741

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