"Quieting A Cloud On Title" - Webinar Syllabus

QUIETING A CLOUD ON TITLE
May 31st, 2014

DECLARATORY JUDGMENT FOR RESCISSION OF
ASSIGNMENT AS PERMANENT RELIEF

MCIs webinar- Quieting a Cloud on Title: Declaratory
Judgment for Rescission of Assignment as Permanent Relief sets
the proper foundation to properly prosecute, or defend an
administrative foreclosure. A Declaratory judgment is a judgment
of a court which determines rights of parties as well as establishing
status quo. The declaratory judgment is generally considered a
statutory remedy and not an equitable remedy in the United
States, and is thus not subject to equitable requirements. Often an
early resolution of legal rights will resolve some or all of the other
issues in a matter of determining whether an assignment of
mortgage/deed of trust purporting to pass a claim to legal
enforceable rights of possession to real property was eligible or
ineligible for recordation.

MCIs webinar- Quieting a Cloud on Title: Declaratory
J udgment for Rescission of Assignment as Permanent Relief
educates Course Participants on understanding the complex tangible
(mortgage loan instruments) and intangible (intangible interest as a
transferable record) transactions that occur in the securitization of a
Mortgage Loan Contract (Tangible Promissory Note and Tangible
Security Instrument). Course Participants will determine if all legal
requirements are satisfied when conducting a true sale of real
property using Federal Uniform Commercial Code or States
Equivalent Statutory Requirements of Law as well as Local Laws of
Jurisdiction in which the real property resides.

WEBINAR SYLLABUS:

MCIs Continuing
Education Webinar-
"Quieting a Cloud on
Title" rProvides a
webinar participant the tools needed
determine if a specific controversy exists
that creates a cloud on title . Participants
will come away with an understanding of
how to analyze documents purporting to
pass a claim to [legal] enforceable right of
possession or ownership to a purportedly-
securitized Mortgage Loan Security
Instrument to real property and documents
purporting to pass a claim to [legal]
enforceable right of possession or
ownership of the tangible promissory note
to real property with the Banks' hearsay
alleged colorable claims to ownership,
possession and rights to the promissory note
with Federal and State specific Statutory
Requirements of Law as required by
Uniform Commercial Code or States
Equivalent, Local Laws of Jurisdiction, and
Case Law to identify what LAWFUL
RIGHT to the tangible promissory note
may have been conveyed during a purported
true sale of the tangible promissory
note. This training is the framework of a
Declaratory Judgment to identify if an
Assignment of Security Instrument was
legally eligible for recordation.
1. Introduction to Title:
Methodology- methods and means to accumulate facts in order to
achieve Investigation findings
Title- verbiage and definitions (Tangible documents as to Intangible
rights)
PETE (person entitled to enforce) a mortgage loan contract

2. Tangible True Sale Transactions Recorded Into Land
Records:
Tangible Promissory Note governed by UCC 3 or State Equivalent
Statute secured by an enforceable Security Instrument governed by
Local Laws (Mortgage Loan Contract)
Acquiring Negotiable Instrument Rights- Pursuant to UCC 3 or
States Equivalent Statute (Requirements to achieve a True Sale
of a mortgage loan contract)
Negotiable Instruments Presentation
a. Bearer paper
b. Order paper
c. Endorsements
Attachment and Perfection of Security Instrument- Pursuant to
Local Laws
Attachment and Perfection of Personal Property Security Interests-
UCC Article 9
Rights transferred by Assignments of Mortgage/Deed of Trust
Rights required granting a Substitution of Trustee (SOT)
Rights required granting a Notice of Default (NOD)

3. Securitization of Mortgage Loan Contracts (Tangible
Instruments):
Negotiable-Instruments Act 1881
Securities Act of 1933
Securities Exchange Act of 1934
IRS Publication 938 for Real Estate Mortgage Investment Conduit
REMICs
Residential Mortgage Back Securities (RMBS) Verbiage
Definitions
Account Debtor- Creator of Intangible Obligation
Highlighted Pooling and Servicing Agreement

www.mortgagecomplianceinvestigators.co
m

a. Parties to transactions and what roles do they play
b. Governing Law
c. Conveyances / Assignment of Mortgage Loans
d. Prohibited Transactions

4. Intangible Enote transaction tracking
UCC Article 8 ENote (transferable record)
Personal Property Security Interests- UCC Article 9
Mortgage Electronic Registration System or MERS Corp.-
Presentation
a. Electronic Signatures in Global and National Commerce
Act of 2000 -E-Sign
b. Uniform Electronic Transactions Act of 1999- UETA
c. Agent Relationship as Electronic Agent
Intangible Account Debtor- Maker of UCC 8 ENote
Intangible Obligor- (Sponsor/Seller/ Depositor)
Intangible Obligee- (REMIC Trust/GSE Trust/Private Investor)

5. Rules of Civil Procedure
Federal Rules of Civil Procedure
a. 12(b)6 Failure to State a Cause of Action for which Relief
can be Granted
b. 12(h)3 Lack of Subject Matter Jurisdiction
c. Rule 56 Summary Judgment
d. Rule 57 Declaratory Judgment (a statutory remedy)
Elements for Summary Judgment
Motion to Dismiss

6. Articles and Relevant Case Law Discussion
Florida Bankers Association admits that the original is destroyed
Agard BK case decision Explain why this case, even though the
ruling is against the homeowner, is so important
Carpenter vs. Logan
Bain ruling Washington State
Wells Fargo Bank NA vs. Erobobo
BOA vs. Quintana
Bank of America vs. Romero
Johnson vs. HSBC
Bell Atlantic vs. Twombly US Supreme Court
Deutsche v. Johnston 2014 NMCA 050114
Federal Courts Jurisdiction and Venue
Quotes for citing cases that back up what we say regarding
incomplete stampings
Q & A Final Hour

7. Chain of Title Investigation From Licensed Professional
Conveyance of a Securitized Mortgage Loan Instrument
(promissory note/security instrument)
RMBS/GSE Custom infographic and explanation
Chain of Title Analysis- Framework for Declaratory Judgment

To view Part One: MCIs MVP Package- CHAIN OF TITLE
INVESTIGATION click the youtube link below:

https://www.youtube.com/channel/UCe0MwPqwravchstw0Eq7Kh
Q

Toll Free: (888) 491-3741
Fax: (877) 606-2746
Email: info@mortgagecomplianceinvestigators.com

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QUIETING A CLOUD ON TITLE

May 31st, 2014

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