Thursday, September 16, 2010

Voided Deed of Trust: Cow and Tail - Moo!

Whats does a Cow and Tail have to do with foreclosures, evictions and you?   Simple question, and the answer  is quite simple; although, getting a judge to hear it will depend on your learning how to get heard.  For that you might want to check out Jurisdictionary.  Join support groups, or  hire an attorney that knows how to defend foreclosure.  If you need recommendations check out referral page or leave a comment.

The following information should help understand why most foreclosures were wrongfully conducted and you KNOW that Banks know this information.

For now let's try to make it simple; if you want more depth, this should give you enough to either understand your attorney or start searching for more info to build your case pro se.
 A Deed of Trust and a Promissory Note are two separate instruments . They are supposed to  remain together and never be separated.  The Deed of Trust references the Promissory Note. Once separated or bifurcated  the Deed of Trust becomes dead. 

 The visual of  this concept is a cow and a tail.  You think I'm whacked?   Check it out.  This is almost as good as the story of  writing a check on a pig and presenting it in court as legal tender. 

The Court finds the following analogy provided by the late Professor Chester Smith of the University of Arizona College of Law to be particularly apt – “The note is the cow and the mortgage the tail. The cow can survive without the tail, but the tail cannot survive without the cow.” Restatement (Third) of Property, Mortgages § 5.4, Reporters’ Notes (quoting Best Fertilizers of Arizona, Inc. v. Burns, 571 P.2d 675, 676 (Ariz. Ct. App. 1977) .
or here:  





Mortgage Deed dated September 18, 2006, from Tom Perkins to Mortgage Electronic ... This is because, "[w]here a promissory note is secured by a mortgage, ... to be particularly apt - "The note is the cow and the mortgage the tail...

Earlier this year this principle was explained  by John Stuart as a Dog and Tail - which nowadays is much more understandable to people. John Stuart has helped may people learn about the principles of law and shares knowledge at local support meetings, mock courts and even seminars. Together the pro se groups have been learning and applying legal doctrines and theories.  We are starting to see things happen in Arizona both on the pro se and on the attorney representative cases.  I recently posted of some attorney wins

Last night at the seminar hosted by our FAVORITE auditor JD and lawyer friends Kyle and Doug we were reminded of this principle by Doug. Doug is a lawyer who was interviewed and featured on the news.  You can see his interview in my previous blogpost:   Local News Endorses Self Defense . 

Next month we will be having a seminar on the West side of the Valley (Phoenix) so watch for upcoming details.

1 comment:

AshleyKaylock said...

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