QUESTION

How would one best pursue a Notice of Defense and Claim in Recoupment under the UCC to enforce payment of an instrument on a demand deposit account?

Asked on Mar 10th, 2015 on Contracts - California
More details to this question:
Mainly my question refers to the mortgage and lending process currently used in America today.Whereas, a lender often times (always) erroneously will assume its issuance of credit (money of account) pursuant to a loan/mortgage agreement is not already paid in full according to UCC 3-311 pursuant to the customer's signing and tendering of the constituting promissory note (reciprocal form of money of account and cash deposit received pursuant to USC 12 1813(l)(1)) and therefore leaving the customer liable for subsequent payments. This is not to negate the salient fact that the original obligor has in fact signed a bona fide legally binding agreement requiring repayment according to the terms thereto, but more rather brings to light the covert exploitation of the consumer's ignorance of the matching principle, GAAP, GAAS, FAS, IAS and how they most pertinently apply to the CONSUMER'S issuance of a funds transfer according to UCC 4A-104, as well as the banks nonrecogniton thereof.
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1 ANSWER

Business Transactions Attorney serving Los Angeles, CA at Doland & Fraade
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What you propose is not possible. You are trying to impress lawyers by quoting statutes and abbreviations. It doesn't work. 
Answered on Mar 17th, 2015 at 3:12 PM

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