Understanding Foreclosure Defense: Application of the Uniform Commercial Code as it relates to Mortgage Notes

Join Robert Napolitano and Attorney Andy Winchell as they discuss why understanding legal requirements for the purchase and sale of mortgage loan is essential in foreclosure defense practice. Specifically, Mr. Napolitano and Mr. Winchell will delve into the Uniform Commercial Code (UCC) and how practitioners and judges alike often focus on the wrong UCC sections. The presenters explain how Article 9 of the UCC, rather than Article 3, governs the sale of mortgage notes and present the arguments and strategies to challenge the evidentiary basis for the lawful sale of mortgage loans.

Agenda:

I.    Introduction

II.   The Uniform Commercial Code

III.  Common UCC Misconceptions

IV.  UCC Article 9

V.   Application to Securitized Trusts