About those TRUSTS

Submitted by dan, whom I think is 100% right here:

After a closer look at trust law (see Gilbert Law Summeries on Trusts by Edward C. Halbach Jr), the 4 critical elements of a trust are:

1. trust intent.

2. specific trust res or property.

3. properly designated parties.

4. valid and legal trust purpose.

A grantor/trustor must objectively manifest a final, definite, and specific intention that a trust should immediately arise with respect to some particular property.

Grantor/trustor/settlor must express his/her purpose and intent and must own both legal and equitible title of trust res property (the note) prior to transfer or assignment.

A valid trust forms the moment trust property transfers to a trustee.

But banks formed the trust indentures way before they received our notes as trust property. You can’t form a trust with the prospect of receiving property at a future time. In the many mortgage trust indentures found on the SEC website, the “acting” grantor is actually the trust itself called the “issuer” or a second trust created to act as a “strawman grantor.”

The questions arise: how on earth can a dead legal fiction manifest an intent or purpose? And how can a legal fiction transfer trust property to a trustee for the benefit of an class of ascertainable beneficiaries? And the million dollar question: Why can’t we be the grantor and beneficiary of the note (negotiable instrument) bearing OUR signatures? Who could possibly make a superior claim on our own signatures? There is no doubt that we are in the land of trust and equity. I think our remedy will ultimately lie in the land of equity. We keep getting beat up in the land of Debtor/Creditor and UCC. Maybe an education in trust will level the playing field. I think we have been led astray by the misconception that trusts are stricly reserved for asset protection and avoiding probate. Hmmm.

23 Responses

  1. I actually have a few more questions to my prior post…..

    The trustee signed as agent for Wells Fargo to assign themselves as trustee. Then that same trustee signed as agent for Wells Fargo to assign the deed of trust to Citigroup. Is it common for the ‘neutral third party’ trustee to be able to do those kinds of things? So Wells Fargo has not actually signed ANY of the substitution of trustee, NOD, NOS or assignment documentation. It just seems a bit wierd to me that the trustee suddenly has all these powers.

    Also, since the deed of trust has been recently assigned, will there need to be a new NOD and NOS issued with Citigroup named instead of Wells Fargo?

  2. I hope this is the right thread to post my question on. I’m currently in foreclosure – I stopped the first sale at the courthouse steps on 4/7/10 by some miracle. A new date has been set for 5/6/10.

    On 4/5/10 I recorded a revocation of power of attorney, revoking all powers of attorney of all beneficiaries and trustees. On 4/8/10 (the day AFTER the first sale date) the trustee signed/notarized an assignment of deed of trust, which was recorded on 4/13/10. (Original beneficiary is Wells Fargo, the assignment of deed of trust tranfers all beneficial interest to Citigroup which I already knew held the loan).

    My questions are

    1) Is the assignment of deed of trust valid because I had revoked power of attorney?
    2) Why would they do this NOW? I have a petition for injunction pending – does that have anything to do with it? Are they trying to ‘fix’ things by having the deed of trust sitting with the same company who holds the loan because they know I’m on to their game?
    3) Does the assignment of deed of trust change the beneficiary to Citigroup and Wells Fargo no longer has anything to do with this other than servicer of the loan?

    Thanks so much for your site – I get so much information here and really appreciate everyone’s input.

    Pattie

  3. ANONYMOUS,

    I wholeheartedly agree. I posted the very short post about Dimon in effort to show the banksters train of thought. Not sure if you are aware that we have mobilized a rally in Tallahassee for April 21 to voice our concerns over legislation that was introduced by The Florida Bankers’ Association.

    I am hoping that this rally will energize others to do the same in their states and ultimately lead to a rally in Washington DC. You are absolutely right that we need to raise our voices. I very strongly believe that the pen is mightier than the sword and in today’s technological age that means the internet.

    I urge everyone on this site to visit ShametheBanks.org and ForeclosureHamlet.org. Let’s raise one unified voice. Now, more than ever, is the time.

  4. ANONYMOUS –

    I believe it was Robert Kennedy who said….

    “Each time a man stands up for an ideal,
    or acts to improve the lot of others,
    or strikes out against injustice,
    he sends forth a tiny ripple of hope.”

  5. Alina

    Financial institutions are promoting to Congress a campaign in order to avoid “principal reductions” that the Treasury is considering. If Jamie Dimon and others are successful in their campaign, the Treasury will not implement any program to support homeowners for principal reductions. I am trying to warn public that the financial institutions are using a bogus “moral hazard” initiative to convince Treasury and Congress to not help foreclosure victims. We need to be louder and stronger than Jamie Dimon. But Chase’s influence on Congress and Federal Reserve goes way back – before our time.

    This is a populist issue – the “investors” against the American public mainstream. There has never been anything else like this is American history. But we are losing the media battle and – we have no voice in Congress. The investors want their money – they want it now- they do not care. But the investors are NOT mainstream America – they are the CEOs that benefited from the mortgage fiasco, and continue to benefit. They, are the corporate CEOs – the Jamie Dimons – Goldmans – Hedge Funds, etc, and their affiliates and beneficiaries. .

    This is not about a “fairness issue” – which is simply propaganda. Homeowners who do not need help – simply do not need help. It is the victims that need help.

    But unless the American public wakes up – this is what is being promoted to Congress. Everyone has to branch out from their individual situation and fight what is being promoted to Congress and by the media. If we do not, we will continue to lose, as courts are influenced by financial institution power and by Congressional actions – or lack there of.

    The real reason Jamie Dimons are fighting “principal reductions” is because they cannot grant them. This is because the Jamie Dimons have sold the collections rights elsewhere – and have no ability to grant principal reductions. However, the Dimons will not disclose their proprietary relationships with hedge funds and debt buyers – as this would jeopardize their relationships. Goldman is just the tip of the iceberg. But unless the people speak up – it could be the end.

  6. PJ

    Whoa – — I am talking about investors in these trusts and people who have mortgages at great rates with much equity in homes who just want the foreclosures to proceed to “clear” the market. All of this is without justice and by cover-up. My source is from top firm in private equity, with much political and media connection, that believes the people are the source of the problem – and that the people want freebies. I am not on their side – I think this is absurd and crazy – and I cannot understand why the people have not become outraged by allowing this “theory” to be promoted by the media. I am angry that the people have allowed this to be promoted by the media. Everyday, I turn on the business news channel – which blasts the people as the root cause of the problem. More than anything – this outrages me – and my friend will attest to my anger.

    Sorry you misunderstood – although this is a “friend” – I argue every day to convince to see the light. Hopefully, my argument will influence the behavior of non-responsible investment firms who have tapped all wealth of the American public for their own financial gain.

    Believe me – I know more than has been disclosed here – and for a much longer time. I am with the people – and the people alone. When I needed help – no one was there. This made me go out and fight for the people. I am for the people and the people alone. But, I get angry that the people do not join together to express their outrage, as a group, to the administration and Congress. While we all have our own agenda – unless we join together as a group – the battle is difficult and hard fought. I promote a cause to publicly expose all that has been truly going on.

    Very sorry you misunderstood.

  7. thanks dave
    “The TRUSTOR or SETTLOR is…”
    this explains a lot!

  8. FYI … the Rockefeller family hired several attorneys to research and set up a battery of trusts ages ago. My understanding is that the land the UN sits on that was given by the Rockefeller family came out of a trust.

    The TRUSTOR or SETTLOR is the entity that actually creates the trust. To be valid, the signature of the person or (in the case of a business trust) representative of the “person” (corporation, etc.) must sign and have notarized the actual trust document and an affidavit of trust (for filing purposes). Once that person or representative creates the trust, they are OUT OF THE PICTURE. A trustee is nominated at the time the SETTLOR or TRUSTOR creates the trust. There are specific things that the Trustee is allowed to do, which can also include become a trustee in the setting up other trusts for the purposes of conveyance. However, if that trustee transfers “res” or value from the first trust into a second trust, it is because someone else created that trust (Settlor, Trustor). The Trustor/Settlor CANNOT be the Trustee! Neither can be the beneficiary! No one in the trust can wear two hats!

    For those who want case law … it is expensive to own a set. There are several authors who have published virtual libraries on trusts. Go to a law library and find a set if you don’t want to pay $1800.00-$2,700.00 for a set.

    In order to find out the res inside of a trust and find out who all of the players are, one needs to depose the trustee of that trust. In order to glean any valid information however, one will have to make sure that all of the trust documents were properly drafted and do not include any “specific duties” that would be considered illegal, fraudulent or unethical according to statute. Shell trusts can also be created (and have been) for the purposes of hiding assets. These are the trusts the IRS goes after, so they can empty them out of assets for the purposes of liquidating tax debts.

  9. My home’s present value is less than its value when it was built and sold in 1989. btw, my home is in Orlando, Florida.

  10. ANONYMOUS,

    “Even though “other” homeowners are not in distress – have not been defrauded – and are not paying egregious terms, they are jealous – they want to be part of “principal reduction”. ”

    These words were spoken by Jamie Dimon on CNBC yesterday morning. He stated that Chase would not consider principal reductions because homeowners who have been paying their mortgages on time will get want the same deal.

  11. 2 Anoymous,

    Perhaps past post was a bit off track of subject, but there are many out there that are suffering from said policies and agendas. They are our young families and our seniors.

    With that would like to hear your opinion or that of your friend on those of us out there that (have or had once) “AAA” mortgages ,backed by credit, income, all documented, along with practically the color of your underware required at closing that have been used to pad Fannie Mae MBS pools .

    From a recent search on the Fannie Mae link “Pool Talk” a “Jumbo Loan Pool” was disolved in 2005, yet many assignments recorded at the County Clerks office indicate assignment to that desolved pool in 2006, for property owners who never had a JUMBO LOAN.

    This in my simple mind reeks of usary, RICO, and the vilolation of the 16th ammendment, unjust enrichment, before and after the fact.

  12. 2 Anonymous

    “Even though “other” homeowners are not in distress – have not been defrauded – and are not paying egregious terms, they are jealous – they want to be part of “principal reduction”.

    Have to disagree with you here, there are plenty of people that have been “defrauded” by all of this by no action of their own. In our particular county here in NY watched working families and seniors forced out of their homes due to outrageous property “assessment’s inflated by the housing “bubble”… Developers and flippers ran rampant in once stable middle and working class neighborhoods, knocking down modest homes, usually in violation of local zoning ordinances, with the wink,wink,nod,nod, of local and county officials that were salivating over the “increased tax revenue” that was streaming in.

    Most of those seniors did not even have a mortgage, and the young families sold, just a regressive and oppressive property tax burden… which is open for appeal, but try getting a reduction from a bloated government , 25% living here work in some fashion for the county or local government, with pensions to protect… it takes 5 of them to do the job of one in the private sector… and those 5 assuming under delusion that there is still enough individuals out there that can be milked to keep the game going…

    This is when the federal government and the elected scabs in Congress see to it to kick it all back to “states rights” and as a “state’s” right issue. Good luck with that, in 2010-11 the next wave will be peoples property , mostly senior’s sold on the court house steps for unpaid exorbitant property taxes that the local government already has spent and plundered on special interest and union pension obligations.

    The big oop’s moment is here, even people “ABOVE WATER” on their homes are either out of work or are under employed, have depleted or are dangerously low on savings , and their properties are the first to go in foreclosure, why waste time and resources on a house with a mortgage of 275% over current value, when you can snatch a property from a homeowner that has a LTV obligation of %15…. that if gainfully employed could meet their fiduciary obligation without a problem.

    It seems that these are the very same people that your connected friend thinks are jealous…. most if not all of these individuals so now defined as “jealous” instead of “deadbeats” , would prefer meaningful employment, a loan for their small business, and preservation of their neighborhoods…

    Really do not think that the term “jealous” applies to these people, but it sounds good in the “socioeconomic” circles on WS and in DC, Geithner actually says that “they” will see it as “unfair”…. perhaps unfair and jealous are one in the same terms that lead presidents, congress and the WS banks to make home’s affordable to everyone over the last few years…. were they not advocating for those that saw people without access to housing as “unfair”, seems odd that the new world order paints those that worked hard to own a home and that lived within their means as now being called jealous.

  13. What you are describing from Gilbert Law Summaries on Trusts is not the same type of trust that is registered with the SEC. Gilbert Law Summaries only deals with trusts in reference to the Probate Code. These trusts are not registered entities and only come into existence when real property is added to them.

    The Real Estate Investment Trusts on the other hand are similar to Corporate Security in the way thety are set up.

    California Real Estate Law & Practice

    § 41.24. Disclosure of Investment Risks

    Most new REIT prospectuses have an extensive discussion of the risks of the investment early in the prospectus. This discussion is basically about the general risks of investment in real estate such as the possibility of having to foreclose upon default, changes in money markets and interest rates, possible declines in the value of real estate, possible usurious loans, competition and the like. Conflicts of interest between the institutional sponsor of the REIT, the REIT, and its investment manager must also be disclosed, including the fact that some of the same management personnel may be involved in two or even all three of the entities. Another risk that is often disclosed is the possibility of personal liability of the shareholders in certain states. The prospectus also indicates the measures taken to protect the shareholder from that possibility. These disclosures of risks in a new REIT are necessarily general because, in the usual case, the REIT will not have very many specific properties or investments to discuss and will only be able to disclose the general risks in the areas in which it intends to operate.

    § 41.50. Registration Under Securities Exchange Act of 1934

    REITs will also have to register their securities under the Securities Exchange Act of 1934 if their securities are sold on a national securities exchange or if they have more than $1,000,000 in assets and a class of equity security that is held by more than 500 persons. Registration is accomplished by filing SEC Form 10. All companies who must register are also subject to periodic reporting requirements. They must file SEC Form 8-K whenever an event of material impor-tance to security holders occurs. REITs and certain other real estate companies must file quarterly reports on SEC Form 7-Q. All companies must file annual reports on SEC Form 10-K.n3 All REITs who are required to file these reports will also be subject to the Securities Exchange Act of 1934 proxy solicitation rules,n4 insider trading reporting requirements and liability for profits made on securities of the issuer held for less than six months.

  14. You are all on right track – these trusts are gone – dissolved – extinct – (recent words of Alan Greenspan – former chief to Fed Res.). Keep going. Any surviving “trusts” are not “trusts” but just bogus vehicles set-up for debt buyers.

    Speak up to your congressmen. Bank CEOs do not want “principal reductions” because other homeowners (who were not affected by fraud and do not have fraudulent mortgages) want to be part of the Treasury program to help distressed homeowners. Even though “other” homeowners are not in distress – have not been defrauded – and are not paying egregious terms, they are jealous – they want to be part of “principal reduction”. I am getting this info from top connection in private equity firm with high political association. Despite fact that I tell them – the victims are victims – and not the same as “jealous” homeowners who are not in foreclosure or default – these “lobbyists” want the victims to suffer – and only be helped if they, the unaffected, also get a break from the Treasury.

    In addition, bank CEOs are promoting “fairness” issue to Congress. This is because the banks cannot reduce principal because the principal has been written off – for pennies on dollar – and sold to some bottom feeder – thus, banks cannot reduce principal and will NOT DISCLOSE affiliations with debt buyers who purchase the charge-offs from the bank.

    Congress is not on our side. In addition, institutional investors (70% of stock market) are fueling market on bogus economic data. US economy is dead. Market is based on global profits for international corporations. Need market to reflect reality – which it is not – and for Congress to get out of the pocket of financial institution debt buyers. This is politics. Unless support is found in Washington – courts will continue to shut the people down.

    All is instrumental and informative on this web site. But – Congress MUST be reached – and only the people can affect Congress. Congress needs a good splash of cold water to wake up.

  15. “We, as the Trustor, are the only ones with the ability to “re-express” the trust into terms that are more favorable to the beneficiary of our choosing”

    so is the remedy we seek to be in correcting the public records ie.. revoking power of attorney , recording a new substitution of trustee, renaming the beneficiary ? thoughts ?
    homeowners fighting in the courts [and mostly losing ] is taking the battle to the banks home turf [ courts & gov bought by the banks] , this can not be advantageous to homeowners. we need to circumvent the bureaucratic regulations developed by the banks to appear to control the process.

  16. TO: Jim in Northern Calif

    Could you please PLEASE cite the cases to which you infer?
    Knowing those cases could be of immeasurable help to Pro Se
    in AZ and Calif. So PLEASE can you post the case caption or
    case numbers or both would REALLY be helpful.

    Thank you very much for this insight. There are so many avenues being pursued by “the many” that valuable defenses could be just plain missed.

  17. Thursday 15 April 2010

    Can someone briefly explain what I may be missing, re most all loans are securitized?

    My loan was in 2006. Originator sold it a month later, then bought it back three months after that, Feb 2007.

    Next month, March 2006 the originator sold the loan to Citigroup. It then filed for BK in May or Aug 2007.

    I spoke to the BK atty, and she told me because the loan was sold, then repurchased, it was probably not securitized.

    Fighting this FC for alonst 4 years now, I am disputing the confirmation of sale that occured in February 2010.
    Guess who was the successful, [only] bidder? The
    originator that went that sold the loan and went BK almost 3 years earlier!

    I just learned of this BK, sale of loan info, today. Is the BK atty right that the loan may not have been securitized?

    I am disputing the confirmation of sale, and this new information will go a long way to overturn the summary judgement granted to the originator/plaintff in 2008, a year after it sold the loan and was BK!

    Crafty FC attys keeping the case alive on their own.

  18. When you review your Note and Deed, you’ll find that we are, indeed, named as the Trustor. This is crucial in understanding your rights and remedies. We, as the Trustor, are the only ones with the ability to “re-express” the trust into terms that are more favorable to the beneficiary of our choosing. Also, pursuant to Title 26, subtitle A, chapter 1, subch. M, part II, sec. 850-862: the REMIC trust cannot hold assets, for if they do, their tax exempt status is violated and trust is void, ab initio, from the beginning. Since no entity can possibly be a creditor without holding the asset in question, who is the creditor with standing to bring any matter regarding an alleged debt? This is causing fits in Court right now in Arizona and California. If the “Bank” has raised a claim through the mechanism of non-judicial foreclosure, they must be a creditor to do so. But this paradox is deadly to their case if they admit in open Court to being a creditor, they have collapsed their own tax exempt trust and, ultra vires, must go back and correct ALL of their wrongdoings or the SEC and IRS will be notified…by me.

    Jim in Northern Calif.

  19. Here is an odd note from TurboTax-(yes, I am filing at the last moment) On the mortgage interest deduction section, the prompt asks for mortgage interest paid to the” Servicer. (not the lender),” is in parentheses just like I have typed. This wasn’t part of the program for last year’s TurboTax. Any idea why this was changed, is the IRS tracking payments to servicers/banks etc trying to corroborate TARP payments, HAMP fees, or whatever.

  20. Universal Law of Free Will….you have a right to know something and a right to NOT know something.

    Please do not allow me to violate your Free Will. Reading this might. Take it with a grain of salt, and seek your own truth. These thoughts are mine and mine only, do not belong to you, nor do they need to be accepted by you.

    The communication is ‘at arm’s length’. I do not endorse any action or inaction. Use at your own risk. I am not an attorney nor a part of ‘the belief system’. I acknowledge that I know nothing. Even when I think I know something, I acknowledge that I know nothing.

    You reading this is of your own Free Will.

    A void contract cannot be enforced!
    Again, a void contract cannot be enforced!
    A foreclosure and a non-judicial foreclosure is not the enforcement of a void contract. How can it be?
    “We believe it is”, and it’s that belief that “they” (whoever they are) rely on.

    All I’m saying is ‘we know nothing’..we’ve been taught how to think…how to believe…what to believe is true.
    Every name you know, every way you act, everything thing you do, and what you think is right or wrong, was taught to you. It’s what you believe.

    You believe a chair is a chair because someone told you.
    It could have another name, but you would not know that because 1) it’s not what you believe. 2) it’s not what you were taught.

    That’s how this all works…what you believe and what you were taught.

    What were the provisions of the whole contract…not pieces of the contract,…what provisions of the entire contract are still valid? If any portion of the contract is not valid, the entire contract is not valid. If the beneficiary did not performed then the entire contract is void.
    Who has to tell you that? Who do you need to hear it from to know what to believe?

    You believe the contract belongs to another entity.
    The bank? The trustee?
    And you believe they can take any part of the contract that they see fit, and enforce it, even if they violated another part of it.
    You believe the contract is real.
    You believe they can enforce it in court or outside of a court.
    You believe that in a court they can get a judge to help them fabricate the pieces of the contract that suits them and take your home. (ie summary judgments)
    You believe outside the court, they can hire people to represent them and their interest and sell your property from underneath you and take your home.

    You believe.

    If you are not part of the solution, you are part of the problem.

    Your belief system is not part of the solution, it is part of the problem, because when it’s over, you believe someone did you wrong. You believe you are a victim.

    This verse is longer, but I will pull this part from it.
    Hosea 4:6
    My people are destroyed for lack of knowledge.

    If you have been ‘foreclosed’ on, you are not a victim!
    I repeat..you are not a victim..it’s what you believe has happened to you…but what really happened to you?
    And, what do you believe happened to you?

    At the most a trespass…maybe many times…but a trespass.
    (Forgive us our trespass as we forgive those who trespass against us)
    Matthew 6:14
    For if ye forgive men their trespasses, your heavenly Father will also forgive you
    Matthew 6:15
    But if ye forgive not men their trespasses, neither will your Father forgive your trespasses.

    So let’s look at our belief system — since you have a right to know….something….even if its from a person who says they know nothing.
    ……………………………………………………………………………………………
    If these notes were sold/transferred/assigned…why is
    no recordation in the public that it has happened?
    Not the Deed of Trust …… but the Note.
    If these Notes were lost, why is someone claiming you still owe them money? If they were ‘sold’ why isn’t the party who has it, claiming you owe them money?
    If the ‘entity’ (bank/servicer) (that has no brain, no heart, can’t talk, can’t think), but has employees working for it sends you notices that you owe it money? Who are you responding to, the bank/servicer (no brain, no heart, can’t speak, can’t think), or it’s employees? Who are you fighting?
    Suppose you signed that paper and it was immediately destroyed and then digitally some employee set up the obligation for the promissory note in a computer…who do you owe (the entity that can’t speak, can’t think, can’t talk) or the employee who set up the account, or the president for the entity that can’t speak, can’t talk, can’t think?
    If you owed the President of the entity, why isn’t his name on the Promissory Note where you say –I promise to pay “person by name”?
    If the paper says, “I promise to pay ‘ and they are gone…sold, merged, etc…do you owe anyone else, another entity?

    If the promissory note was written out to ‘I promise to pay bearer’…then you owe whoever holds it. If it didn’t say that,
    then do you owe any of these entities, or anyone else that walks up and say you do?

    Why doesn’t the real party of interest ever show up in court?
    Is it possible that they don’t show up because the only way they exist is by ‘representation’?

    Not real, not alive, not thinking, not speaking, not eating, not talking, is it real, can you have an obligation to something that isn’t real? It can only be represented…so who are you obligated to? The people representing it, or it?

    A President, CEO, CFO, Top Gun, whatever, it’s their title it is represented.

    It’s represented by a president of a bank, who hires a servicer company that has a president and employees, who have a computer, a digital account and a balance and they tell you, you owe them (Owe who the servicer? No…not them..Owe the bank?….that’s not real? Owe the bank President? He never loaned you any money. Okay, Owe the bank? But it’s not real?)..so you are told you owe them..why because of that contract? Whose signature is on it? Mine? Only mine? Why didn’t they sign? Oh, because they can’t sign for the bank, they can only represent it. I get it!

    So you are told you owe money, and if you don’t pay they (whoever “they” is?) will “foreclose”..well the court hasn’t let them. Why not? The real party of interest ‘never shows up’, they have to have the Note and the Deed of Trust (well something happened…because they ‘never have the papers)…so the contract you created and signed is void..they failed to perform.

    You were taught something..they taught you a word..called “foreclose”….and they taught you the definition of the word so you have to ‘believe’ it!…You have to believe that if they do that ‘word’ to you..then what the word means is what ‘really’ has happened! But did it..or is it all in your head..what really happened to you…did word happen? Did the meaning of the word happen? Or did you believe it and ‘you’ made all of this happen?

    Your belief system is what got you!

    They teach you using their digital media called, “news”…everyone believes what’s on the news. The newsanchors never signed a contract with you that said what they tell you is real or true. They never spoke under penalty of perjury, but “you believe” everything you see and hear on the news. You ‘believe’ what is real and what is true. That belief system, again.

    You’ve been taught well. You have a great belief system.

    So the bank, (not alive), has a servicer (not alive), who hires an attorney (alive)…he creates a Notice (not filed) of a Trustee Sale or even a Substitute Trustee sale, based on what you allowed in your contract (that is void and unenforceable by anyone but you!..but you don’t know that, you ‘believe’ they can do this)..so the man, who was hired by the computer of the servicer (not alive), so the servicer has an employee (alive) enter things in the computer to create a purchase order to hire the attorney (alive) to create this document (not filed)..it sits in the courthouse…usually by the information desk, and with the digital age, it gets posted on a ‘web page’, but not where the other ‘filed’ documents are.
    This guy is doing it because if he doesn’t; they will hire someone to do it….so this paper says, some description of some place, not even an address or a description of a home or what it looks like, will be sold on a particular day…they have no contract, no note, (see they got us caught up into believing they have to have one, and that they are still in control when they don’t have one), so they do this on this particular day, and a poor smuck thinks he’s getting a cheap home…he bids knowing the process is a sold “As IS”, with no help after the sale, or after the process is over. So he bids on the home, he gets a receipt..he has no contract, no Note, no agreement, nothing! And he goes to try to get the people to get out of the house…he hires a person to deliver an unlawful detainer and they do that,
    But that contract is between him and the person delivering the unlawful detainer, ‘telling you you have to leave’, if you believe them, (that you have to leave) you will leave…and if you don’t believe them, then he doesn’t have a leg to stand on. He can take you to court, but what proof does he have that he has a right to your home with no contract and no Note of a promise to pay. Oh well…sold as is, is just that “As Is”. Sorry that you believed it was more than that.

    Scenario two is the bank (not real) has employees who put something into a computer and out pops a purchase order to hire a person to bid on the home…at the end of the auction, the person tells the bank how much the bid was (notice I didn’t say how much the home cost)…so the employee puts some numbers in a computer and spits out a check (it’s a bank for heaven’s sake, easy thing to do) and ‘pays’ for the bid….now the bank that created the funds for the check, can zero out the account by the end of the day. At the end of the day, they cannot show a balance on their books…it has to balance out to the penny and be zero…or they have to stay there until they find the discrepancy.
    So the ‘whatever’ they bought at action (that you believe it’s your home) is purchased. Now the employee can put some numbers in the computer for the bank (not alive, can’t breathe, can’t speak, only has employees) and out pops a purchase order used to hire a constable or someone to serve the unlawful detainer…that person who doesn’t have a contract with you – tells you, you have to move (You can believe or not believe him). He has no proof you aren’t supposed to be there, he has no proof you are supposed to be there, he’s just doing his job. He was hired to do that.

    If you don’t leave, the employee can go into the computer for the bank (not alive, can’t breathe, can’t speak, only has employees, has a president that represents it, nothing more) and the employee can spit out a purchase order to hire a company to go in an clean out the home, change the locks, and remove the contents. The most they are guilty of is trespass or criminal trespass, but then again they are doing their job because if they don’t someone else will be hired to do it.

    We have been tricked…if you leave, it will be of your own free will, you will have abandoned the property, and the bank will just sell it to someone else, but the fight is not for the physical property, it’s for control over the paper that describes the location of the property. No one really ‘owns’ the property unless you believe they do…no one sold it on the courthouse steps, unless you believe they did, and no one bought is unless you believe they did.

    It’s your belief system.

    In your original contract to pay, once they separated the Note and the Deed of Trust, it called bifurcate, then there are two contracts…one contract (Deed of Trust or Mortgage) states the home belongs to the bank (not real, not alive, not breathing, can’t speak, can’t think, has employees, one of them being president who will represent it), but even if it says the home belongs to the bank they have no right to collect any money on it without that part of the two.
    The other contract is the Note, and it is written out to promise to pay the bank…by name…and one that says you owe anyone else any money, because the Note would have to be written out to “Bearer” to make it payable to anyone who hold it. And they can only collect money on the Note if it is written out to Bearer and they cannot take the home without the Deed of Trust/Mortgage to go with it.

    That’s why when the Note and Deed of Trust (or Mortgage) is bifurcated, it’s unenforceable. What we are witnessing as ‘something happening’ can only happen if you are a willing (even through lack of knowledge) to let it happen.

    They need your help to do this. They don’t have to answer your questions about anything…there is nothing there!

    Who will answer questions about ‘nothing’.
    Who will produce the instrument when it doesn’t exist.
    Who will be the ‘real party’ to appear in court when it can’t?

    They need you to believe in the entire situation for this to work…and as we talk to each other, and we get the rest of us to believe in what we believe, and we post on these blogs, and we write our cases and run into court, and we hire attorneys, and as they show this stuff on the news, so even more of us believe….it’s the ‘belief’ system that is at work here.

    And it is working for them…and not you!

    That’s why credit card companies can write off debts.
    There was no debt, because there was no credit given..that’s why they ‘supposedly’ give credit even to people who are a supposedly a bad risk…so they can get you to believe they loaned you money and you are such a bad risk that you believe you have to pay a higher interest to pay them back.

    That’s why they have credit reporting companies…so you will believe if you aren’t a good person and pay them back on time, you owe them more money than anyone else would. You believe them – so it works.

    But they write it off if you don’t pay…why? How?
    And they are unsecured creditors? Why would anyone loan money and not have collateral to back up their loan?
    Because they didn’t loan you any money so they can’t take your property!

    All of this is based on your belief system.
    You believe in government, then you believe your government won’t help you…are they really ‘your’ government or did someone get you to believe that? Someone taught you that? Where? In their school system?

    See, you have to have a belief system for this to work. You have to believe in good and bad or right and wrong, or believe in Angels and Devils, or someone/something is more powerful, or someone/something has caused you harm. You have to (believe in something). Doesn’t matter what it is…you can believe in ‘us’ and ‘them’…and it will work.

    You can believe in Santa Claus or not believe in Santa Claus…the fact is that you have a belief, one way or another. If you believe in Santa Claus, then he brings presents on what you believe is Christmas Day. All of this was put into place before you got ‘here’, handed down by generations and generations. We have accepted the belief systems of our ancestors. They have used it to make us forget who we are.
    Because we believe in ‘us’ and ‘them’, we don’t help ‘them’ if the problem is not with ‘us’.
    That’s why it’s United we Stand, Divided we fall.

    Whose in control over this situation, have based their control over an agreement filed in the public? One we can’t remove because we don’t have the original, and one they can’t enforce because they failed to perform.

    Who has a right to remove you from your home?
    What do you believe?
    We are the People. We are the Government! We created it. We are it! We don’t need to wait on anyone to tell us who we are. The titles are still ours! They aren’t trying to steal the home! They care nothing of the property, they want the paper! They want the title! Let them have the paper! They aren’t going to move in when you move out! Their president isn’t going to move in when you move out. It will sit there vacant…abandoned…by you! They have a piece of paper, and when it comes time to sell it, you will ‘believe’ you have to go to a bank to sell it, and one of these (not breathing, not living, can’t eat, can’t speak, can’t think) entities has a president who will look to see what other entity that has a president, hold the ‘paper title’, so they can sell your property to someone else so they can move in and go through the same game.

    You are a Creator! You are ‘the’ Creator. Know who you are! If you don’t believe you are the Creator, know the Creator is within you. You don’t have to ‘worship’ anything. Just know something above all of this ‘belief’ stuff.

    Did you create a smile today, when you smiled?
    Did you create the words you typed…they weren’t there until you did it. When you went to the store and walked out with goods, did you create a purchase? Yes, you gave money in exchange for goods.

    They get us to fight over religion on whether someone believes or not believes, when ‘you are the Creator’…of things. You designed where you wanted your furniture in your home..or what objects you wanted in your bedroom. Those are Creations by you the Creator.

    The first line of “their” constitution tells them the first rule of their game:
    We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

    You are the Creator of the document, the Creator of the belief in whatever you are told, and the Creator who reacts to all situations based upon what you believe is happening in each one.

    If I cut you off on the highway, you may believe I was rude to you, when I’m in a hurry to get to my sick child and didn’t notice you, but was making sure I didn’t have a wreck on the way there. If you see me on a cell phone and driving slow in the right lane, you will believe I’m being irresponsible when I may be on the phone with my daughter who is having her fourth miscarriage of the year and she’s bleeding and crying.

    See we make all things happen to us based upon what we believe. Most of what is going on is never about what we actually ‘know’.

    The home is part of your inheritance while here on this planet, the businesses are ‘not real’. It needs people, employees and president to ‘think’ for it. That person working for a bank would never stand up and say your home is “his” home, he will always say it’s the “bank’s home…but through a series of (non-living, non-breathing, non-thinking, not-speaking) entities, and the employees working there, you are made to believe your home belongs to that entity so that you will give it up and the employees when given a chance (the need a person to want to buy it), will sell it.

    Forgive your trespassers…for they do not know what they do, and you will be forgiven because chances are you were not aware of when you trespassed against another.

    Light and Love

  21. To “help” … April Charney is going to be filing a bunch of quiet title actions in the 4th Judicial District in Duval County, Florida in short order, as her suits involving foreclosure actions apparently have to “ripen” before she can ask the court to quiet their titles (lenders can’t prove they own the properties they’re foreclosing on). Keep your eye on the JACKSONVILLE BUSINESS JOURNAL, Kimberly Morrison is the reporter, for updates. Kim has attended April’s seminars and I interviewed her for my new book called CLOUDED TITLES, soon to be put out as an ebook at http://www.cloudedtitles.com.

    In short, I agree with you that quiet title actions are necessary, but not without some other cause of action to clearly demonstrate WHY the title is clouded.

  22. Quiet Title, Quiet Title, Quiet Title.

    I think we get a grass roots movement of quiet title actions…I have been looking for a good one in Florida, but have not found one with any good case law.

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