PERSONAL DEFENSES that could have been raised by property owner upon foreclosure such as lack of consideration, fraud in inducement, unconscionability, waiver, or estoppel;
HOWEVER, holder in due course still subject to REAL DEFENSES (Remember “MAD FIFIx4 “) (1) Material Alteration defense (2) Duress (3) Fraud in factum [debtor thought he was signing credit application, not mortgage] (4) Incapacity (5) Illegality (6) Infancy (7) Insolvency)
5 CRITERIA FOR BEING HOLDER IN DUE COURSE
1) Note must be negotiable, made payable to named mortgagee (ME); (2) Original note must be indorsed, signed by named ME; (3) The original note must be delivered to the transferee. A photocopy is unacceptable;* (4) The transferee must take the note in good faith without notice of any illegality; AND (5) The transferee must pay value for the note, meaning some amount that is more than nominal)
Thanks much for the help.