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How Legal Presumptions Work

Livinglies's Weblog

We must accept the unacceptable premise that judicial public policy and assumptions are in direct conflict with legislative public policy…

If all other elements of HDC [Holder in Due Course] are present then the only one that obviously doesn’t exist is a business transaction in which the REMIC Trust paid money for the acquisition of the loan. If they didn’t pay for it then they didn’t acquire it. If they didn’t acquire it then it follows that neither the trust nor the servicer has any right to collect on the debt or enforce the alleged loan documents. And no “successor” acquires any greater rights than its predecessors.

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

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This is a summary of my research and analysis of presumptions as they are used in…

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