The subject of “cognovits” is important because 1) they are declared illegal in most states; and 2) nevertheless, they seem to be commonly used in the foreclosure industry.
I have no evidence, but it’s conceivable that “cognovits” might even be included in bank signature cards, and applications for drivers licenses, so-so security cards, etc.
The attached 10,400 word document (below) is not “finished” in the sense that it has a beginning, evidence and a conclusion. The document is only a collection of notes and observations on the subject of “cognovits”.
I “shoot from the hip” when I insert my comment among the Supreme Court cases (below). I write whatever seems likely to me at the moment I read a particular text on cognovits. But later, after I’d read and learned more, I might’ve written something new that contradicted some of my earlier observations.
The linked document is not an expression of what I know so much as an expression of what I’m learning that might be true. Take all of my comments with salt. The document is intended for your consideration, not belief.
I don’t expect many people to read this document, but those who make that effort may, like me, learn something. You can download from this link: 100818 Findlaw search USSC for COGNOVIT final