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Note Holder Is Not A Holder In Due Course

  • Broadcast in Legal



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Hello folks, and thank you for tuning in to the ADR-NOW! Internet Radio Webinar.  I am your host, Anthony Johnson. 

In this episode, we will discuss the importance of "holder in due course" as it relates to foreclosure defense and illuminated in Livinglies's Blog.  I have had the opportunity to be involved with foreclosure situation where the current noteowner is claiming that the affirmative defenses advanced by the homeowner are not applicable to the noteholder because they are a "holder in due course," and are exempt from any challenge.

I am disseminating legal information to my listeners with the position that the noteowner is NOT a holder in due course.  A holder in due course is one who takes a note, for instance, without notice of its dishonor, i.e., it's in default, tardy with payments, etc.  Your lender may attempt to claim that they are a mere "holder in due course" and are not subject to any number of affirmative defenses.

If you have been served with a Lis Pendens, Notice of Default, Notice of Acceleration, or Notice of Sale, you must tune in to this Webinar!

DISCLAIMER: We are not attorneys.  We are not engaged in rendering legal advice.  We are Online Dispute Resolution Practitioners.  If legal advice is required, the assistance of a competent, qualified legal professional should be obtained.