In Bryant v. Washington Mutual Bank, Judge Moon of the W.D. Va. once again rejected the claims of the plaintiff based on the plaintiff's attempt to pay off a mortgage by means of a "Bill of Exchange."
Judge Moon notes, "As I cautioned Plaintiff at oral argument, people frequently end up in prison for pursuing these sorts of schemes," and cites this page, which explains that why such a gambit creates some jeopardy of criminal prosecution.
1 comment:
One question that was not raised, did WAMU have actual ownership of the note and mortgage? They seem to have problems producing the original notes with the transfers ledgered on the reverse. How many have asked to see that original note? How many continuances does it take for them to produce one via nun pro tunc? Just a thought. I have heard and seen these arguments before, but as in the Ohio cases WAMU could not even produce along with Duetsche Bank the notes.
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