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Attacking Legal Presumptions

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THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.

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The entire foreclosure mess can be summed up in one word: PRESUMPTIONS. Under the rules of evidence certain documents are presumed to be true and valid. The “Holder” of a negotiable instrument is often presumed to own it and have the right to enforce it. If the instrument is a promissory note, then it is presumed that the note is evidence of a valid debt. It is through this vehicle, that the banks and servicers have successfully conducted millions of foreclosures.

*The problem, as most people now realize, is that the presumed fact is not true, to wit: that the note is evidence of a valid debt. When forced to prove the debt, the…

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