Tony Hernandez

2 Replies

Hi @Tony Hernandez .

Your job sounds like a lot of interesting days. I'd love if you would share a list of things for members to look out for regarding lender scams. 

What sort of investing are you interested in?

There are so many aspects it is difficult to pin point where to start without a specific situation to address. However, one thing for sure it is wise to get the names of the parties involved in the company and search them out individually or an individual person if it is private money on public court records. You begin with the local court in law, civil and chancery division. Many times those who are involved in questionable transactions will eventually land a case or two or three. Then plan to spend a day at the court house pulling the physical files found and discover what is the crux of the suit. There you will find what type of deals, documents or issues to avoid when dealing with that company or those individuals. And remember that if the individual is accused of some unfair act and is winning in court it is not necessarily that the person or company is clean. It could be that the paperwork is legally lopsided. So, see why the court ruled in the creditors favor. That is where you will find their strong points to address if you need to enter a similar deal. You can then have a road map that may aid you in strategic writing of your agreements. Know that in today's financial markets the laws are ever changing, more and more in favor of creditors. At one time you could challenge the note and mortgage. Today the creditor does not need an original anymore, a bad copy and just the claim is sufficient in the Cook County Chancery court. For this reason you should use blue ink and a fountain pen. Take a picture of the original after you have signed it front and rear. Then get a certified copy on the spot, again front and rear. This will assist you if at a later time the paper is then securitized, lost, stolen or destroyed. Worse yet re-created with a forgery to be used against you if there is a need for the note and mortgage. Creditors will falsify documents, therefore be sure to get certified copies on the spot, use the same notary to certify that the copy you have is authentically a copy of the wet ink document. Preferably get a color copy to show your fountain pen blue ink. If in court a black and white copy appears and is stated to be the original you will know that it is not. This would help you to argue that the document is in question. Of course you choose whether or not to produce your certified copy only if it is to your benefit I suppose. For example the creditor takes you to court and brings in a wet ink note signed with a ball point pen in black. That is a forgery and their claims are null when you present a certified copy of the real deal. Try never make it a permanent part of the public record because adobe photo-shop can be your worst enemy.

Look up the laws of assignments, transfers and sale of negotiable instruments in your part of the world and also endorsements in accordance to the uniform commercial code. This is where you find your offense or defense regarding negotiable instruments. Hope that helps someone.

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