Question:

Has anyone ever challenged the legtimacy of a banks demand on them?

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There is a wave of repossessions and foreclosures. The wave compells people to believe that they have to act in the way they have been told to act. A bank serves a demand then gives you a specific time to respond to the demand. You either do not or respond inadequately. (even lawyers are caught flat footed here most of the time). The bank then forecloses on you and seizes your property. You go into hibernation, l**k your wounds, cry a little then try to start all over again. Is that how it is meant to be?

NO. As a lawyer I have managed to have a number of mortgages set aside and declared void or voidable. I have obtained other relief for many more.At least a review of their mortgage and lessening of the ensuing impact on their circumstances to the effect it has provided them with an "out" without the damage.

I'd like to know your experience as I write on the topic and am gathering as much diverse information as I can. Commonwealth, Common law jurisdictions only.

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  1. The banking system in the US has been rubber stamped with the approval of congress and the president to pretty much do as they please.  Good luck in ignoring them, the sherriff will forceably evict you whether you agree or not.


  2. From your comments, I assume the Uniform Commercial Code is not applicable to these secured transactions.  You news turns the banking system in the U.S. on its head.  I do not associate with anyone who fails to meet their obligation under an agreement.  If you sign it, you honor it, counselor.  That is just a personal rule of living.

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