Presenter Introduction & Purpose: Overview of the webinar's purpose to train homeowners on conducting title assessments and asserting rights.
Title Theories and Splits: Discussion on judicial (lien theory) versus non-judicial (title theory) states, the distinction between beneficial, legal, and equitable title, and how mortgaging or securitizing loans splits title.
Declaratory Relief Strategy: Explains why homeowners should pursue declaratory judgment relief to establish standing/cloud title before attempting quiet title actions.
Carpenter v. Longan & Note/Mortgage Inseparability: Legal doctrine requiring promissory notes and security instruments to convey together.
UCC Article 3 Requirements: Examination of what constitutes a valid "Person Entitled to Enforce" (PETE), holder vs. holder in due course, order paper vs. bearer paper, and types of endorsements.
Allonges & Chain of Endorsements: Explains strict rules regarding affixing allonges to promissory notes and identifying breaks in the chain of custody.
The RMBS Structure: Analysis of pooling and servicing agreements (PSAs), REMIC trusts, closing deadlines, and the stripping of payment streams.
UCC Article 9 vs. Article 3: The legal implications of converting paper negotiable debt into electronic records and transferable records.
Role of MERS: Critique of MERS acting as nominee/beneficiary without holding the physical promissory note.
Document Manufacturing & Robo-Signing: Identifying discrepancies in recorded assignments, invalid notarial acknowledgments, robo-signers, and rubber stamps.
Chain of Title Assessment (COTA): How to compile public land records, qualified written requests (QWR/RFI), and forensic analyses to prove breaks in title.
Courtroom Strategy & Ping-Pong Analogy: Methods for controlling the narrative in court, asserting affirmative defenses, and shifting the burden of proof to the foreclosing entity.
Opposing Summary Judgment: How to identify genuine disputes of material fact and challenge admissible evidence under Rule 56 [07:44:31].
Q&A Sessions with Joe Esquivel & Damian Helmholtz: Discussion on litigation support, expert testimony, bankruptcy adversary proceedings, and handling contested foreclosures.
