“Welcome to Freddie and Fannie’s Mortgage Shell Game”: Still As True As The Day It Was First Published

LIBERTY ROAD MEDIA

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Due to some recent concerns from well-respected foreclosure fighters concerning this fantastic article from the great Shawn Newman possibly being disappeared from the Internet, we present “Welcome to Freddie and Fannie’s Mortgage Shell Game,” still as true today as it was when it was first published almost four years ago.

Welcome to Freddie and Fannie’s Mortgage Shell Game

By Shawn Timothy Newman, J.D.

Adjunct Professor

Saint Martin’s University

In common parlance, a mortgage (or Deed of Trust) includes the underlying loan (promissory note) and the security on that loan (mortgage or Deed of Trust). This ignores the fact that the note and mortgage (or DOT) are two separate contracts governed by some different laws and legal principals.

As noted in Powell on Real Property, sec. 37.27 [2] (Michael Allan Wolf ed., LexisNexis Matthew Bender 2010)

It must be remembered that the mortgagee has two interests: (1) the debt or obligation…

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