The loan contract gives the right to challenge ownership of the loan
Kingsman Funding
Its in every loan contract! Look at yours.
First, a homeowner need not assert standing to challenge the validity of an assignment.
The borrower is contractually obligated to the lender and/or their successors under the mortgage contract to defend generally the title to the Property against all claims and demands. This is seen in the borrower's Security Deed paragraph entitled “Borrower Covenants”, to which the lender and its successors is also a party which states :
“Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.”
Regardless which of the assignees or assignors is the perpetrator or the victim of a void or invalid assignment the borrower has obligated himself to defend whoever is determined to be the damaged party and more importantly the property itself ….. against all claims and demands, subject to any encumbrances of record.” to prevent any invalid claim on rights to the property from being effected which is exactly what Plaintiff is doing in this cause of action and therefore has a contractual obligation to do so as party to the Security Deed, the rights to which is what is being transferred in these assignments.
Secondly, according to the Security Deed, to which the Defendant is a supposed successor as to the lender’s side of the contract, in the NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree:
22.. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument…..The notice shall specify: (a) the default; (b) the action required to cure the default; ……The notice shall further inform Borrower of …..the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale.
It is indisputable the security deed made with the lender, which contractual arrangement of rights and obligations between the parties carries over to be equally binding between the Plaintiff and any party who may be a successor or assignee of the original lender to the Security Deed, by way of the notice of acceleration issued to the Borrower under the Security Deed and thereby the Security Deed itself, gives the borrower, the Plaintiff in this case, the absolute….. right to bring a court action to assert ….any ……defense of Borrower to acceleration and sale.
This certainly includes a defense that the holder does not legally own the loan and holds no valid right to accelerate the loan, foreclose the Security Deed or enforce the loan contract in any other way. And it does not matter what the evidence may be to support his defense, the lender and their successors, by the contract itself, have given the Borrower the absolute….. right to bring a court action to assert ….any ……defense of Borrower to acceleration and sale. ’ any ……defense’ the contract says. Such language provides for no exceptions that may be denied or precluded to the Borrower in making such a defense. The comprehensive foreclosure scheme may not permit a general challenge to the authority of an entity to foreclose on a deed of trust, but in this instance, the loan contract between the parties themselves, which supercedes all other considerations, unless the court intends to violate the sacrosanctity of contract between two sovereign, free, competent parties: the contract itself gives the Borrower the absolute….. right to bring a court action to assert ….any ……defense of Borrower to acceleration and sale.
And it is this which the Defendant, as successor to the contract, has specifically and particularly, without any exceptions provided for, given the borrower, the Plaintiff, the right to do. And is what he is doing and has a right to do regardless what case law may say about any other matters . Such CANNOT impede or interfere with the rights of parties granted to one another in a contractual relationship as is the case here.
Then you have to make a case why they DON’T own it If anybody wants to talk about it we can, Dr Weatherly
On another very important subject let me add something.
Most people don't understand this, but God was in Christ paying for all our sins on the cross and its over and done and finished and He's not angry with us about anything any more.
The Bible says, He is for us, not against us.
He died in our place to purchase us for Himself and if you'll give in to Him, there's nothing He won't be able to do in your life.
I know, I have been with Him for 40 years.
And when we finally leave this world, we'll live with Him forever,
if we belong to Him.
If you need to think about that or you have someone in mind that does, I'll be glad to talk with them. My number again was 662-489-6554. I just wanted you to know that.
Dr. Weatherly
