UPDATED: ANDERSON v. BURSON | MD Appeals Court requires full proof of note transfer

From http://stopforeclosurefraud.com:

A nonholder in possession, however, cannot rely on possession of the instrument alone as a basis to enforce it. The transferee’s right to enforce the instrument derives from the transferor (because by the terms of the instrument, it is not payable to the transferee) and therefore those rights must be proved.

Com. Law § 3-203 cmt. 2; accord Leavings v. Mills 175 S.W.3d 301 (Tex. Ct. App. 2004 ) (“A person not identified in a note who is seeking to enforce it as the owner or holder must prove the transfer by which he acquired the note.”)

The transferee does not enjoy the statutorily provided assumption of the right to enforce the instrument that accompanies a negotiated instrument, and so the transferee “must account for possession of the unindorsed instrument by proving the transaction through which the transferee acquired it.” Com. Law § 3-203 cmt. 2.

If there are multiple prior transfers, the transferee must prove each prior transfer. U.S. Bank Nat’l Assoc. v. Ibanez, 941 N.E.2d 40, 53 (Mass. 2011) (citing In re Parrish, 326 B.R. 708, 720 (Bankr. N.D. Ohio 2005)). Once the transferee establishes a successful transfer from a holder, he or she acquires the enforcement rights of that holder. See Com. Law § 3-203 cmt. 2.

A transferee’s rights, however, can be no greater than his or her transferor’s because those rights are “purely derivative.” Lawrence, supra, § 3-203:15R. Thus, the Substitute Trustees here, who possess an unindorsed note and wish to enforce it, had the burden of proving their status as nonholder in possession.

View the order here:

Maryland-Requires-Full-Proof-Note-Transfer-Anderson-v-Burson

Now the question is, why won't the York County and PA Middle District Courts in Pennsylvania acknowledge this and so many other flaws in the fraudulent foreclosure complaint filed by Grenen & Birsic in an effort to steal the home from an American citizen who has tried to prove his numerous findings of fraud verified with expert witness affidavits and testimony for the past 13 years?

Attorney Kristine M. Anthou was caught on more than one occasion perjuring herself under oath.  They won't even give this man the right to a hearing to cross examine.  What dirty secrets and crimes are these courts and Grenen & Birsic trying to hide and keep out of the public eye in Pennsylvania?  Is this another case of trying to silence the whistleblower so they can continue perpetrating their fraud in Pennsylvania against 1000's of other homeowners?

EMC Mortgage had to pay $28 Million to Settle FTC Charges of Unlawful Mortgage Servicing and Debt Collection Practices, the same EMC that is trying to steal the Conklin home in Pennsylvania with the help of Grenen & Birsic.  This is outright tyranny!

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2 Responses to UPDATED: ANDERSON v. BURSON | MD Appeals Court requires full proof of note transfer

  1. Todd w says:

    if you want to win, get hyper aggressive and go after them on all fronts. If you have the evidence of violating Lawyer Rules of Prof. Conduct Rules 3.3, 3.4, 3.7 force the crooked PA Bar to go after the crooked attorney as well. File criminal complaints with AG and judicial misconduct complaints if you have the evidence of bias and prejudice. Litigation is war, just because it’s done in the courts doesn’t mean it’s not. Treat it this way and go after them. If you can’t get discovery as defendant (presumed debtor) then get it as a plaintiff. It’s always better to be the Plaintiff. PA allows for pre-complaint disovery via Pa. R. Civ. P. Rule 4003.8- Hammer them and don’t relent. Is it a lot of work? Yes. Is it worth it? Definitely. Our future generations will suffer if we chose to give up. This is much bigger than any one individual home, yet by every individual homeowner exposing the fraud and fighting tooth and nail ,the greater good will benefit. Don’t ever quit.

    • truthmonger says:

      Todd
      Most excellent and helpful with specific stuff… need more… Fighting in MD. got steam rolled and every motion dismissed… going to appeals court… have several study groups and Skype groups, would like you to join and help out. Have lots of info and great stuff but need a bit of help putting it all together and makin it happen. It is about all of us!!! and our future! Federal Court next…. By the way, this is all “common Law” because it is “case Law” and the cases stop and stand when we the people quit and do not change it… so it is our Law that allows this. Not enough have done anything for the past 100 years so naturally a ship without a captain became a pirate ship. We need to study and learn to become captains and then retrain the crew!
      Blessings=may all your desires be fulfilled :-}
      solutions4theinnocent.wordpress.com make contact by leaving a comment and we will see your email. or write solutions4theinnocent@solution4u.com

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