Problems material to the Deed of Trust

The expert notes in testimoney as follows:

Borrower covenants to be lawfully seised of the estate hereby conveyed  . . .Historical perspective is to put in legal possession of a feudal holding; to put in legal possession of a particular thing; assign ownership to: in the passive voice: seized of the estate  ...

Borrower covenants having the right to grant and convey the Property  . . . . Under § 2805.14 BLM are rights one does grant convey; to grant conveys only those rights which it expressly contains. .. Subject to existing rights of others, including the United States. Rights which the grant conveys to you include the right to:(a) Use the described lands to construct, operate, maintain, and terminate facilities within the right-of-way for authorized purposes under the terms and conditions of the grant;(b) If your grant specifically authorizes, allow other parties to use your facility for the purposes specified in your grant and you may charge for such use. 

Borrower covenants and that the Property is unencumbered . . . familiar to a bailment arrangement, to pawn something or to induce one into exchanging consideration for  or in return for the use or right to ones property…to use as collateral.

 Borrower covenants [and the Property is unencumbered] except for encumbrances of record.  . . To warrant the property to be lien free, something of value or anything as having no liens of record or debt owed …. Such warranties in advance of the contracts enforceability are moot; if conditioned by possession or title in exchange for consideration, for possession or an executory understanding.

Conclusions

 

The vanguard to claims and for overcoming  controversy is evident in the security instrument given by a lender to obligor by its creditor. For the beneficiary is a principal debtor with understanding of trust and for tax shelter purposes. 

 

Claims in a foreclosure far exceed the civil code of procedures upon a seller grant and conveys title to the purchaser while the debtor is held to have transferred its title, alleged only in the event of a default. The transfer of title into trust from the onset is not one in the same with the granting and conveyances made incidental to trust and conditioned to a breach that cannot be anticipated certainty.

 

Questions arise as to the merit for arguing predatory lending practices and instances of unconscionable financing.

 

A practical view for the court to hearing arguments  predispose the lender to advance the least dollar amount against the highest collateral value. For a lender balance sheet is held valuable where the reader can identify a portfolio of lower loan to value origination's for the obligation of others outstanding.

 

By contrast, the high loan to value advances is indicative of a bull market sentiment and rapidly appreciating market sector. Combined Loan to value CLTV is not reported as 100% of the property value for loans outstanding.

 
The data set used herein this review focused on the sponsor registrant’s definition or a mortgage “loan with a piggyback” as a first lien loan with LTV=60 and with reported CLTV of 80. This definition serves to reduce the number of combo loans that were inherently impaired while not reducing the over-collateralized loans true exposure to loss.

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