This case law summary outlines essential legal principles regarding jurisdiction, standing, and procedural requirements in financial and mortgage disputes. Courts consistently invalidate judgments lacking proper jurisdiction and stress the necessity for plaintiffs to establish legal standing. Instances of fraudulent lending practices, including breaches of federal regulations, have resulted in dismissals with prejudice. Rulings curtail corporate overreach by banks, prohibiting lending credit and ultra vires contracts. Evidentiary standards highlight the importance of adequate affidavits and the duty to disclose information to prevent fraud. Contract principles reaffirm the voiding of agreements founded on illegal consideration.
anyone can file a UCC-1 against anyone else. To protect both secured creditors and debtors, Article 9 has strict requirements that must be met for a filed UCC-1 to be effective. One of those requirements is that the financing statement must be authorized by the debtor. Even if that authorization is way of a non-response to an affidavit and/or notice, silent acquiescence, tacit agreement, and/or tacit procuration.