The Obligee and Obligor: You can't have One without the Other

THE NEIL GARFIELD SHOW

Prior to the securitization era began, no party to litigation was entitled to a legal presumption of facts when they had engaged in patterns of conduct in which they had forged, fabricated or otherwise attempted to use self-serving documents that were neither official documents nor otherwise credible. It is time that people return to the rules of evidence starting with the Obligee and Obligor. Presumptions are simply procedural gimmicks to assume in evidence that which is obvious and credible. Up until now they were not used, nor was their use affirmed on appeal, when the facts assumed were not obvious and subject to doubt as to credibility. In every book, treatise, article and case decision on evidence — until now, the facts mattered. It is time to return to a time when the foreclosing party prove each element and each fact of their case and a return to due process. Foreclosers, like everyone else, should be required to prove each and every element of their case including who is the Obligor and who is the Obligee. Remember even in a default situation they must still must prove actual damages- but there is no entity that can be identified as the obligee of the debt. Definition of Obligee (creditor): The individual to whom a particular duty or obligation is owed. The obligation might be to pay a debt or involve the performance or nonperformance of a particular act. Definition of Obligor (debtor): The individual who owes another person a certain debt or duty.