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Ummm... . no I don't think that's quite it. The mortgage IS invalid. It was robosigned by a non existent (MERS) secretary, and robo notarized with the "secretary's" name not even written in. That in itself should void it, but It was also sold as a security....and securities can't be bought back once they are a stock. At the time of sale the note is derecognized, and should not even EXIST. For the stock and the note to exist at the same time is securities fraud. And once a stock is sold to investors, it can't be switched out and made into a note again.
In any case, the Plaintiff is suing for foreclosure with this null and void note which he intends to produce, and the judge has forwarned me that that is all he will need to foreclose, and the MERS arguments won't be heard because they won't apply to his rights as a holder of the note. (Which again should be null.) Just thinking a bankruptcy court should take more of an interest in siding with the note being invalid, especially since as you mentioned it will be more equity for my creditors.
If the Plaintiff wins his SJ, am I still able to take it up as fraud in bankruptcy, or do I have to file an appeal and then go to bankruptcy?