MAINE SUPREME JUDICIAL COURT Reporter of Decisions
MERS v Saunders Law Court decision[1]
Decision: Docket: Argued: Decided:
Panel:
2010 ME 79 Cum-09-640 June 15, 2010 August 12, 2010
SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ.
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. JON E. SAUNDERS et al.
The good news is that we have yet another state Supreme Court invalidating the legal standing of MERS. But there are many other lessons to be learned from this decision. The main lesson for litigants without legal representation is that the sophistication of legal and procedural arguments has reached a point beyond the capabilities of virtually any layman.
In this case MERS filed a foreclosure action against Saunders. In a late attempt to avoid a decision that would clearly undermine MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, Deutsche Bank National Trust Company attempted to correct the record by substituting itself in the motion for summary judgment after the trial court had already granted the motion for summary judgment in favor of MERS. It is the intricacies of legal procedure that must be observed here.
The court agreed that MERS did not have a stake in the proceedings and therefore had no standing. The court also agreed that a substitution of parties could not be used to cure a jurisdictional defect of lack of standing and was therefore an improper. (The importance of this part of the decision can only be apparent to seasoned litigators. Nearly all foreclosure cases involve late filings of papers intended to cure a jurisdictional defect or other defect).
Finally, and equally as important, the court concluded that “there are genuine issues of material fact.”
This Court made the assumption that the real party in interest was the bank but that the bank was not entitled to summary judgment as a matter of law because they were genuine issues of material fact. The assumption that the bank was a real party in interest is troublesome. It does not appear that there was any evidence in the record to support that assumption.
Before the bank had become a party to the action, it filed a motion to reconsider or amend the order denying the previous motion for summary judgment. The court noted that the bank filed an undated two-page allonge indicating that the originating lender transferred the note to the bank and also filed an assignment indicating that MERS had transferred any rights it had in the note or mortgage to the Bank.
The court also noted that the transfers occurred during the course of litigation. Of course we all know by now that MERS doesn’t have any interest or right in any note or mortgage.
The court stated “a party’s personal stake in the litigation is evidenced by a particularized injury to the party’s property, pecuniary or personal rights.” This wording is congruent with the wording of many other decisions in state and federal courts
The court specifically rejected the argument that a nominee could for any purposes be considered the mortgagee of record and therefore the party with a right to initiate foreclosure proceedings. MERS only right was the right to record the mortgage. The fact that the security instrument identified it as “the mortgagee of record does not change or expand that right.”
An interesting discussion on page 11 of the decision makes a distinction between judicial and nonjudicial states. “These cases are inapposite because nonjudicial foreclosures do not invoke the jurisdiction of the courts. Nonjudicial foreclosures proceed wholly outside of the judiciary, typically utilizing local law enforcement to affect a mortgage or and gain possession of the mortgaged property.”
The interesting procedural point was a finding by the court that Deutschbank, as a non-party had no standing to file any motion in the current proceeding. The implications of this reasoning are very interesting. Because the nominee had no jurisdictional standing, it had no right to bring the foreclosure in the first instance. Because the bank was not a party to the action filed by the nominee, it had no right to bring any motions in the foreclosure initiated by the nominee.
I think this last point is very important from both a tactical and legal perspective. The pretender lenders are using any pretense available in order to initiate a foreclosure and a judicial or nonjudicial state. Only after they are challenged do they attempt to correct obvious deficiencies and defects in the title chain relating to the original obligation between the borrower and the originating lender. Their strategy is clearly to finesse the basic requirements of due process, substantive law and the Rules of Civil Procedure. Arguing this position successfully obviously will take considerable knowledge, memorandums of law, and the ability to argue the point succinctly.
The court obviously recognized this strategy. “After substitution, the bank should have filed its own independent motion for summary judgment with a statement of material facts and supporting affidavits. The Saunders would then have had the opportunity to respond to the new motion and appropriately defend the foreclosure action against the real party in interest.”
On page 19 the court corroborates our arguments regarding evidence citing other cases in Maine. At a minimum a party attempting to foreclose a mortgage must provide proof of the existence of a mortgage and its claim on the real estate supported by evidence of a quality that could be admissible at trial. These facts must be included in the mortgage holder’s statement of facts.
In my opinion this position supports both arguments made on these pages regarding judicial and nonjudicial foreclosures, sales and evictions. None of them are valid and all of them are void unless supported by evidence of the truth of the chain of title. And non-judicial states that require minimal proffers by counsel instead of proof are committing legal error and applying nonjudicial statutes in a manner that is inconsistent with the due process requirements of the United States Constitution.
Filed under: bubble, CASES, CORRUPTION, Eviction, evidence, expert witness, foreclosure, foreclosure mill, GTC | Honor, HERS, Investor, MODIFICATION, Mortgage, Motions, Pleading, securities fraud, Servicer, STATUTES, trustee | Tagged: 2010 ME 79, Maine Supreme Judicial Court |
This stuff below is taken directly from one of those documents… When I read this – it sure seems to that since our mortgage is latent with fraud throughout the loan process and the lender(s) new the frauds were committed it REEKS of INSURANCE FRAUD… Our mortgage was last paid July 2008 – over 730-days ago… Surely they’ve made the insurance claims by now because if they didn’t they would NOT receive coverage at all. Yet, below it clearly states the policies will NOT pay out if Fraud or Negligence were within the ORIGINATION or SERVICING of the loan. Our loan was dreamed in fraud – birthed in fraud – raised in fraud – and attempted TAKEN BACK in fraud… If they were paid the insurance funds already – then clearly they have committed Insurance Fraud and it was a HUD loan so we know those lazy bums didn’t check anything…
Per this doc – CWALT – Alternative Loan Trust 2007-7T2 424b5
Under the section Pool Insurance Policies…
—-snip—-
The applicable prospectus supplement may provide for a Pool Insurance Policy covering losses resulting from defaults, but if it does not, the Pool Insurance Policy will not insure (and many Primary Mortgage Insurance Policies do not insure) against loss sustained by reason of a default arising from, among other things,
• fraud or negligence in the origination or servicing of a loan, including misrepresentation by the borrower, the originator or persons involved in the origination thereof, or
• failure to construct a Property in accordance with plans and specifications.
A failure of coverage attributable to one of the foregoing events might result in a breach of the related seller’s representations described above, and, might give rise to an obligation on the part of the related seller to repurchase the defaulted loan if the breach cannot be cured by the related seller. No Pool Insurance Policy will cover (and many Primary Mortgage Insurance Policies do not cover) a claim in respect of a defaulted loan occurring when the servicer of the loan, at the time of default or thereafter, was not approved by the applicable insurer.
—-end snip—-
Per the last paragraph if they committed the fraud they’ve also breached their contract – not to mention the SEC violations – all on top the frauds committed against us… The PSA describes the Warrantees and they include zoning laws, building codes, occupancy permits, inspections, and owner occupying the property within 60-days after settlement. Our loan violates everything mentioned and we didn’t even move into the house for 8-months AFTER settlement and it was still unfinished and does not meet code.
I have other documents with the Trust with OUR LOAN ACCOUNT NUMBER advertising the Pool Trust and it shows our FICO scores – loan type – amount – state – etc and our mortgage loan account number and this was advertised BEFORE we made our FIRST MORTGAGE PAYMENT – and it showed we had ALREADY MADE THE PAYMENT. Damn if they good – those boys are prophetic… but that sure as hell must be a securities breach. How could they be advertising our mortgage loan for sale BEFORE we even made the first mortgage payment – which was “supposedly” before Countrywide purchased the loan?
I was reading about securities laws talking about Pre-Corporation violations… That’s what this is – they were “claiming” the loan before the actual Corporation (CWALT) legally existed. The PSA states Feb 1, 2007 start date and Feb 28, 2007 Closing Date… Our first Mortgage Payment was due Feb 1, 2007 but it was DUE Payable to C&F Mortgage – NOT Countrywide and there was no way Countrywide could have advertised our loan because this was created PRIOR to Feb 1, 2007. This stuff makes my brain hurt…
These boys were doing EXACTLY what Neil has been saying – they presold the loans – presold the investments and got away with NOT using a penny of their own funds. That’s what these documents are showing me…
Our foreclosure docs had the Trust on it.
CWALT INC – Alternative Loan Trust Pass-Through Certificates Series 2007-7T2… Our attorney found it – then I found it on another website that IMHO is much better than the SEC’s website.
It took me quite a while to figure out the other documents but even those I could only download some. I have a list of them exhibit 99.1, 99.2 – etc. The 10k filings – D filings – 8k filings and all within the correct dates…
Some of those puppies are really long 6-900 pages and a few were over 1000… I downloaded several of their Distribution Reports but that stuff is probably more up your alley – I can’t read the thing. I can read the numbers and recognize the rates but Cusip – Class Descriptions, Recombination Classes – Principle Distribution etc – I’m just looking at raw data that I don’t know what to do with and maybe can’t do anything but whenever I found something with our specific Loan Trust – I snatched that puppy up…
Hi Edge,
Thanks – I’ve read 100s of cases. In my brain they don’t make sense because the folks would lose for non-legal reasons “in my brain.” When I read – they didn’t plead a cause that a claim could be made… or the didn’t claim the cause they argued…
I am way too logical and live by principle for that type of bs dance. These lawyers act as if this is a game to them. I want our life back. They can play their games with each other – but I have no intention of becoming their entertainment. They broke it – they fix it. They remind me of spoiled kids. They like to run their mouth until someone backhands their little asses then suddenly they’re reminded where that line is. These lawyers have gotten away with putting on such elaborate dog & pony shows these judges come to work with extra large boxes of popcorn… what these arrogant lawyers need is a real-life wake-up call to remind them these are HUMAN BEINGS moms & dads with real life struggles. They are not some case-number on a blurred line or an extra few thousand bucks to spend this weekend. As mentioned – they have no fear – thus no respect – that is exactly WHY we are seeing what we are seeing.
I’ll leave it there…
Wednesday 18 August 2010
One more thing, David. How did you go about getting your PSA?
Thx…
Wednesday 18 August 2010
David:
Thank you for the response. I did not want to ask for details so as not to pry. My only experience is with judicial proceedings, and I know how to attack pleadings from plaintiffs who mostly lack standing.
In non-judicial states, foreclosures are outside of court jurisdiction, and I do not know the rules. If you can get a copy of rules for your state, you might learn what the defenses are, or how to demand discovery and/or interrogatories to challenge any plaintiff proceeding against you…things you probably already know.
If I learn anything about proceedings in non-judicial states, I will let you know. If you have access to a county where foreclosures are filed, it could be of benefit to read a bunch of cases that were contested by a defendant. You will learn about what pleadings are and how to formulate one, in addition to how to defend yourself.
Sorry I cannot be of help.
Edge –
Oh – and after the foreclosure mill filed the false affidavits and we exposed their forgeries – they withdrew the foreclosure. The judge dismissed the case WITHOUT prejudice. Some have said I should file a Quiet Title but I think that will get nipped by the judge.
I sent a rescission letter to the appropriate folks prior to the court dates. We didn’t have an attorney at the time so I didn’t know whatelse to do. They all ignored the letter. The purpse of sending the rescission was to force them to file an injuction which then I would show the judge the fraudulent documents. We found an attorney and he wouldn’t even raise the rescission issue in court and in fact to my knowledge never raised it.
Hi Edge,
Agree with the ranting – will stop – thanks…
[Edge wrote]
Have you been foreclosed on and case is over, or are you still in foreclosure? A yes to one or the other will suffice.
—end snip—-
Answer – they attempted to foreclose after the attorney sent a demand letter with attached complaint to the builder & (supposed) original lender. We never FILED the complaint because they filed foreclosure. We couldn’t afford to fight them on two fronts – which was their plan…
At that time – we sent our docs to get audited. The auditors discovered more issues. They were also in negotiations with Countrywide & BofA with other clients and our case. CW/BofA gave us an offer (verbal) – give them an estimate by a licensed real estate agent of property value – per a short-sale type transaction. We were told they would deduct an additional 20% from whatever the agent submitted AND rewrite the loan at their expense. We complied…!
While waiting for their paperwork we received the foreclosure docs instead… imagine that…
[Edge wrote]
If foreclosed on, who was the plaintiff, and was the plaintiff different from the lender? Just facts, no need to embellish or add descriptive adjectives. Are you in a judicial state? If non-judicial, I may not be
able to give you some pointers.
—-end snip—
MD is a non-judicial state. The plaintiff was Bierman Geesing & Ward – representing the Trustee for CWALT INC 2007-7T2. C&F Mortgage was the (supposed) original lender – pre-sold the loan to CW as sponsor – sold it to CWALT – depositor… and so on…
The loan violates the warranties in the PSA – I have all those docs – PSA – exhibits etc – have read them a few times. They also violate the REMIC Provision and several other sections. The mortgage has NEVER met the criteria in the PSA.
CWALT is now in Maiden Lane Holdings…
Hope that answers your questions…
Wednesday 18 August 2010
Sans the rhetoric, you still evidence being smart. The ranting will get you no where, and after several posts filled with it, nothing in your circumstances or anyone else’s has changed. This really is not the forum for pure rant. You are not alone in what you experienced.
Tell me this. Have you been foreclosed on and case is over, or are you still in foreclosure? A yes to one or the other will suffice.
If foreclosed on, who was the plaintiff, and was the plaintiff different from the lender? Just facts, no need to embellish or add descriptive adjectives.
Are you in a judicial state? If non-judicial, I may not be
able to give you some pointers.
Cheers…
Hi Edge,
I overestimated how smart I was long ago… constructive help comes in many flavors – sometimes it helps to voice one’s opinion so others can see the steam boiling… 5 or 6-yrs ago I would have never thought of even thinking this way aside from writing it…
While I believed I was doing the “right-thing” – attempting to follow the rules – sue the right parties – stay above the fray (sort-a-speak) it only played into their hands.
The very notion that we did not break the law – lie – cheat or exaggerate – yet, we stand to lose everything because of what they did to us… goes beyond my willingness to remain calm. There comes a time when actions require reactions. We attempted to file our lawsuit prior to foreclosure. They’ve continually attempted to pound us into poverty so we cannot afford to defend. Irresponsible tends to be subjective these days – this went from courtroom showmanship to survival when they flexed their “above the law” arrogance.
To clarify – we were held captive to a lender for 18-months paying an interest only loan that we could not use nor wanted. The only way I forced them to do something was stop payment. It was a little 284k construction loan with a 25k construction rider. We lost everything from hurricane Isabel and certainly could not build an entire house with 25k. So, after 18 months I stopped. The VP of that bank drove 2.5 hrs to our property – just to see – what’s wrong that picture? I pleaded with them to simply convert the loan to a standard property loan at MY EXPENSE. I told him we didn’t want to get lawyers involved. We simply wanted to build our house. We were preapproved for 600k but could not refi a construction loan. The reply from the VP of that bank “I don’t give a shit about lawyers they don’t cost me nickel…”
They did not intend to refinance or rewrite a new loan – HE wanted MY property. That was 2003 and had never heard of predatory lending. But having a very unique property that is a 2.5 acre peninsula with over 1200 ft waterfront on a protected creek adjacent to the Chesapeake Bay – well, I guess this thief saw some potential $$ he could make… That was BEFORE this freaking nightmare ever started – I walked away & took my lumps. I talked to quite a few lawyers – all said we had very good case but it would take 4-5 yrs to litigate and about 75k out of pocket until we won. Then we met a builder who introduced us to HIS LENDER. He was THEIR pre-approved builder… We went from Freddy’s Nightmare – STRAIGHT TO HELL…but they were so polite and nice we swallowed hook-line-&-sinker…
I won’t go into all the details but suffice to say after being gang raped by three fed institutions a builder that embezzled 100k – a county code official that supplied them with a fraudulent signed off on the inspections and gave the bank a fraudulent U&O Permit – then left us in a house that is illegal – cannot be fixed – cannot pass code – cannot be realistically sold – well, irresponsible is a hell of a compliment – because I gave up on sanity a long time ago.
I’ll take any responsible help – suggestions – etc – but I gave up on being “responsible” and maintaining an appearance of normal. This situation left Pluto’s normal zone several years. Now, I’m just trying to maintain orbit so I can pick the place to crash – and crash hard… If the law is able to help us – GREAT – I’m all for it. If not…? Oh well – if I crash, it will be on them… responsibly of course… 🙂
Keep the Powder Dry
Wednesday 18 August 2010
David:
What you are posting is irresponsible and does nothing to help anyone. I overestimated how smart you are.
Be careful my friend… also some very involved people have been doing a great job in going after the minion’s in these firms, the Robot-Signers of documents, Notaries, so called VP’s and the like… visit Matt Weinder’s law blog, Foreclosure Hamlet and Foreclosure Fraud… there are lot’s of people out there dooing good work… go after the minions and they will squeell like pig’s.
And just a last thought these Mill’s are made possible by your friend’s at Fannie Mea & Freddie Mac…. the wosrt are all “approved council” by the GSE’s…and have been provided with POA to forclose on Americans with American tax-payer dollars. That is where the outrage of everyone should be!
Be safe!
I talked with some folks about creating a website that lists the names & addresses for the major foreclosure mills. I want to include their pictures and all business & personal information. Pictures of their kids – spouses – cars – where they go to school – the golf clubs & restaurants they frequent…
I want to expose as much of them as possible so everywhere they go people will know who they are – what they’ve done and especially HOW THEY MAKE A LIVING…
They don’t mind making it personal – nor should we. Placing their children and spouses on the internet should bring the message home. We are watching – We know where they live – we know where they shop – and where their kids attend school…
I would also like to create a section for the families who have lost loved ones – suicide – murder/suicide and include other domestic violence directly & indirectly linked to foreclosure – debt collectors. Then setup LINKS to the names & addresses of the debt collectors & foreclosure mills – attorneys that those people were being hounded by…
This can work both ways… Freedom of Speech – Freedom of Information – publicly posted to inform the public of the disgusting acts committed by these lying thieves…
I’ve never done a website so this will be a challenge…
EXPOSE THEM and their FAMILIES – whatever happens to them is their problem… If celebrities are free targets, then so are these lying thieves.
David…Trust me I hear the same all over… just want to keep it going forward for everyone.. and never give the enemy ammunition!
This recent article speaks to what you say… a few points here in 2007 before the sub-prime “” bubble exploded unemployment was @ %4.6 now it is hovering over %10 three years later… and now unemployment is out stepping sub-prime in foreclosures…. and then there’s this quote from a out of work individual stating that if you have “bad credit” you can not get a job!
If they could not get you in a sub-prime, or get you to cash out your equity, then the next step…collapse the economy… and take your property in the second round… much more lucrative to foreclose on a prime mortgage with what ever equity is left then an over appraised underwater property.
This is what each and every American has got to understand… you all are on their radar!
http://www.washingtonpost.com/wp-dyn/content/article/2009/08/17/AR2009081703035_2.html?sid=ST2009081801234
Hi PJ,
I hear you – dude… I have not said anything that I haven’t said to the Sheriff’s department & FBI. I sent an email to Neil long ago – if for ANY REASON, they want to pull or tweak my comments, they are welcome. I don’t mind at all and would not be offended. Honestly, I do not intend to cause them or anyone else headaches. We all have enough going on already.
I appreciate the reminders and will curve those comments. As for the other side reading them – no doubt they are reading these websites. That’s part of their prep… as mentioned you & I (and the others) have been weighed-measured and found to be – TOO POOR to DEFEND – which works out fine for their bs TOO Big to Fail – playbook. It is their intention to pound us into poverty – admonish and humiliate us until we relegate Due Process to mere wishful thinking… The hell with morality, ethics, law, or the constitution, they have job to do for their client.
If they keep pushing, sooner or later – an Americanized Jihad will take it upon them to punish the wrong doers. As I expressed to the FBI – the religious fanatics brainwashed for Allah are nothing compared to the good ole boy red-neck ingenuity that will ROCK this freaking country once the good-ole boys determine its time for “authentic American change.” It took Osama Bin Laden 5-6 yrs to plan his hit and though it was elaborate – it ONLY took ONE boneheaded pissed-off red-neck for whatever reasons (I don’t know) to drive a damn U-Hauler full of chicken-shit and diesel fuel on that fateful day in Oklahoma City and we all know the horrific outcome. Personally, I have no idea WHY or what McVeigh is or was about. Don’t know – don’t want to know. However, what I know is that if our gov does NOT start prosecuting these treasonous bastards other McVeighs WILL START. More importantly – THIS TIME these McVeighs (not me) have potentially MILLIONS OF FOLLOWERS – copycats – etc and they don’t pray to Allah – wear funny hats – speak with accents – nor need to find a way into our country. They are true-blue American citizens and in most cases are the mothers, fathers, and children of OUR RELATIVES… If they draw the proverbial line between “them -&- us” THEY LOSE because “us equals we” and WE ARE the PEOPLE. My concern is that LINE was prematurely drawn attempting to hide THEIR very big problem – tagged Too Big to Fail.
If they think fighting a war on terror is difficult, keep pissing off these mothers & fathers and rewarding the lying thieves that already pillaged these families, then THEY WILL FIND OUT what Jimmy-Jack-Jihad is all about. One of my concerns as I have expressed to the FBI is this – once these travesties start – our FBI and Police will be FORCED to protect THE LYING THIEVES. Consequently, it could easily “mark” the FBI & Police as ONE OF THEM. That is a freaking NIGHTMARE and I would NEVER EVER – EVER – want to see something like that happen. However, I truly believe we are rapidly approaching it. The police departments would have no idea of the volatility of this situation whereas the FBI does and that ticks me off because they have the ability to see the WALL approaching in the distance.
One Last Thought – here is how an Americanized “Jimmy-Jack-Jihadist” will connect the dots. This country has firmly held an unspoken belief or golden principle in what I’ll call (or term) the Gleaning Fields Principle. These foreclosure mills and more importantly the despicable people working in those mills have deliberately violated that principle. Therefore – IMHO – it will be concluded then that they are not only enemies of this Country – they are in fact, enemies of God. Do you see that connection and the explosiveness of that connection? Regardless what the atheist, anti-religious, and/or nonreligious wants to proclaim about America’s heritage – it is not only fundamentally religious – it is specifically Christian in its beliefs and the Gleaning Fields principle is a foundational precept usually held unconditional within the spirit of American idealism. It is the unspoken heart of Lady Liberty as she welcomes folks (legally) arriving at our shores. The atrocities are mounting – massive (foreclosure) grave pits are reeking and the BLOOD of those families is now seeping into the water – streams – and sidewalks everywhere.
I am not advocating violence – I simply believe it is inevitable unless there is a radical change within government & the courts. It will come too late. Many will view that as planned…
Sorry for the length
Keep the Powder Dry…
Hi Trespass,
Great Reply – you are fighting the GOOD FIGHT… My intention was not to portray pacifism as weak or even negative. I respect conscience.
My ramblings regarding THEM and taking them out is simply this… these people we are dealing with have cleansed their conscience – justified their actions – but gimmicks & trickery – and manipulation of our laws. They are no different from the Nazi’s marching Jews into gas chambers only this is not about race – creed – or religion. This is about intoxicating incestuous greed. They know what they’ve done and continue to do.
Your fight is commendable. I simply believe this fight is beyond the courts. That is NOT my hope – it is my gut belief. They have manipulated the courts to cover their asses and before the courts realized (or maybe they did) it was too late. I might be wrong and hope I am – but … here’s an example of why…
EXAMPLE – suppose somehow the courts suddenly started ruling against the lenders. Suppose Neil brings together a dream-team of lawyers and they PROVE beyond a doubt the courts were wrong…? What are they going to do? They can’t admit they were wrong because how will they reverse the millions of families already WRONGLY foreclosed? I admit that I do NOT understand how all this stuff works legally. I have NEVER been in a courtroom in my life other than a speeding ticket – NEVER. I don’t even know what I should do – how to write a complaint or do any of the above. I am just a high-school dropout but I’ve worked since I was 8 yrs old and busted my ass. We owned a simple little convenience store.
My point is this – these arrogant people have determined that “we” cannot defend ourselves strong enough or quickly enough to get our JUST CAUSES before an unbiased court BEFORE their cohorts (lobbyists) bribe their crony buddies (CONGRESS) to “tweak” our laws in different areas (MERS example) to make sure us bottom-feeders cannot win. They have created a scenario and convinced the crony legislature that it is paramount that we lose – thus they are TOO Big to Fail.
Until an LA RIOT or some other horrific and BIGGER demonstration of REJECTION by the PEOPLE – they will continue doing whatever they want.
Their SCHEME backfired and now EVERYONE is able to see their ugly incestuous acts. However, these professional liars also hire professional liars to work for them. That is where the smoke & mirrors pays off. The GOAL of violence is NOT vengeance – it is the ONLY WAY to SNAP THEM BACK TO REALITY. This isn’t an IPOD we’re pissed off about – this is the future of our children.
THEY LIED – CHEATED – DECEIVED – and MANIPULATED most of these borrowers into transactions that were immoral – illegal – and despicable. If they are NOT going to be charged CRIMINALLY – then WE THE PEOPLE MUST ACT to defend our Constitutional Rights. Your house was ILLEGALLY SEIZED by a (supposed) FEDERALLY backed Institution – THAT IS WORTHY OF TREASON AND REVOLTING. It is our DUTY – OBLIGATION under the Constitution of the United States to REBEL and THROW OFF such audaciously arrogant totalitarianism (despotism to use Jefferson’s words) to insure our God bestowed RIGHTS. Allowing them to succeed is a betrayal of our Constitution and one of the fundamental reasons our Founders fought for AUTHENTIC FREEDOM.
There is a righteous cause for violence. If we have not met the criteria yet, we are rapidly approaching it and we SHOULD BE PREPARING. I am a believer – though I am NOT a Premillennialist – nor Dispensationalist. As far as eschatology is concerned – I lean more towards Postmillennialism… but I’ll leave that for another thread…
Trespass – that was a great response – I don’t know where you are living – we are in MD, if we can do anything to help – even just hangout – you are welcome. We live on the water – crabs running good – fishing is great so, honestly, the door is open. I might sound like a nut but we’re just average folks too and I’m not a gun-freak nor have Confederate Flags hanging anywhere. I’m just tired of the bs and have come to the conclusion that if we can send our troops overseas to protect our rights the least I must be willing to do is FIGHT the FIGHT here to cover “their” (and our) backs. They are willing to give their ALL for our Freedom & Liberty – I am willing to do the same – here.
Keep the Powder Dry – and be Blessed dude…! 🙂
Habakkuk 1:5
Look among the nations! Observe!
Be astonished! Wonder!
Because I am doing something in your days—
You would not believe if you were told.
Wednesday 18 August 2010
MSoliman:
I am fairly conversant with the English language. You seem to take it to a different level. What exactly are you trying to say?
>”You are the ones portraying MERS as a beneficiary while misreading the documents.”
Who is the “You” in your statement?
Which documents are being misread?
If they are being misread, in what way?
I, for one, find you too obscure in your responses, and while you may have some valid points to make, I am about to give up reading your comments as undecipherable, despite my wanting to understand your POV.
MERS members are required to list the accomodation provider as a beneficarfy for recording purposes.
MERS is allowed to do so to accomodate internal tracking.
You are the ones portraying MERS as a beneficiary while misreading the documents.
MERS is not a nominee either in this role…wrong arguments…look for appellate to strike down courts ruling
This communication is at arm’s lenght. I know nothing and if I think I know something I know nothing. I do not give legal advice because I don’t know legal things.
David,
Isn’t ‘fighting back’, not being a coward, and not being afraid to hand back your home if you realize you were placed in a bad deal.
I understand trusts. I don’t know how to create one of those protective, protective ones, but I know what a beneficiary is, and I know what a beneficial interest is.
When I got into this mess, and some entity from left field popped up demanding money, I felt like an extortionist was using the postal service to threaten me. They had their own delivery service sending me notices that I’d better pay or what.
I also know what was a security interest, and I knew that according to FDCPA, if you didn’t have a security interest, you got nothing..no property, nada. period. I knew you couldn’t even threaten to take someones property if you had no security interest.
I knew according to UCC 9, secured transactions, you could have an unperfected security interest, but whoever had a perfected security interest had a right to the property.
I created a perfected security interest with a fixture filing.
A law firm had every responsibility to verify the title and security interest before they proceeded.
I ended up in The Terminator, when I saw a law firm, do some very unconscionable things.
They attached themselves to me in the public as a Trustee!
Total FREAKING SHOCKER!
After doing that, and I thought an attachment like that would require some agreement between me and them…I mean, I’m no INFANT, how the HeLL can you attach to me – as a FREAKING TRUSTEE.
When they did that, they STOLE my security interest in my home, by conveying title to their client as TRUSTEE, and then refiling, and I say it happen; refiling and adding me as GRANTOR so IT APPEARED I TRANSFERRED MY SECURITY INTEREST TO THEIR CLIENT.
To top it off, their client had hired my original trustee, and their ‘substitute trustee’. So the client covered all bases by having all the law firms on it’s payroll. They easily transfer papers between each other because they all work for the same client and they all work for different law firms. That’s a FACT not speculation, because the original trustee told me it was their client, too! When I complained about them transferring legal title to the ‘pretend’ substitute trustee without validating they had a secured interest AND the note.
Then the law firm, knowing the level of deception, left the duty on me to spend “””my””” money, on an attorney (support the BAR! pay for an attorney!…If one does something wrong, pay for one to do something to fix it!…it all goes to the same place); yet I’d have to take my hard earned sweat equity to THEM to pay for someone to stop them from doing what they were doing, or defend my right to keep what is mine, or take a chance on losing money all together if I hire someone who doesn’t know how to defend my rights!
I needed the POLICE, not an attorney!
My identity was stripped when they gave me a TRUSTEE AGAINST MY FREE WILL.
Either way, I’d be out of money for what these jack-butts were doing to me! I looked at my daughter, and I told my neighbors.
If they want it and can steal it they can have it.
Well we know that answer…and no I really wasn’t ‘giving’ it to them, but I was not going to lose myself and my money and my family and my support funds over this theft.
My former neighbors think I’m crazy to not have taken the good slave role and just paid them the money. Well, hell, if I did that, then in the end, I would not have gotten the ‘golden ticket’ I purchased the house for. The golden ticket is a ‘release of the lien’ and a ‘release of the deed’. Only the Lender can do that, and I guarantee you, not a single pretender lender has done that in a looooooooonnnnnnng time.
Without a release of that debt, you keep paying taxes on it.
So the county gets money from their lack of fiscal responsiblity.
The tax is on the debt, not the home.
People didn’t know that…that release is very important.
So, no, I don’t need to look good to the neighbors and be a homeowner, I need to be right with me and be a HOME OWNER, and I saw that taken from me, make it appear to be done legally, and a stupid, let’s say ‘ignorant’ judge helped them clean up the title, either because I didn’t matter, as low as dirt to not know court procedure and file a decent claim to save what’s mine, or because it was Fannie Mae represented in her small town court and she felt good doing a good thing for Fannie Mae, or a law firm in a big city chose her small town court for their ‘big’ case, I mean the homes in her own town don’t average to what my home was ‘worth’.
From a spiritual perspective, I did everything right. I put 6% down, and overpaid every month, and reduced my principal and my 30 year would have been paid off in 20-22 years. I never touched the equity, and never would have even today. I kept up the lawn, made it energy efficient on my dime, and just overall took care of my piece of America.
I’m angry, but not a hate someone angry. Knowing how the universe works, I know I had a role to play in this by ‘trusting’ the document protected my interest, and trusting the lender’s rep who I worked with for months to buy the home, trusting she was looking out for my interest when she was just passing papers passed to her, and trusting the lender who I’d done business with for 10 years to ‘stay there’ until 30 years was up.
I didn’t know about Real Estate records, and didn’t now someone could make them self my Trustee outside of a banruptcy or a home purchase, and so there’s a lot I’m mad at myself about. So if I attacked anyone it would be myself for lack of knowledge.
BUT that aside, there is a war, we can make it physical or we can make it spiritual. I understand negative energy, and I’m not all love, love, love, peace, peace, peace, and I know now to release karmic energy so I’m not held captive by what happened, and I know how to protect what’s mine, and I’m NOT AFRAID TO DIE.
In that movie, The Last Airbender, the bad guys told his guards. Don’t kill him!. He’ll only come back!
They would be saying that about me. I’d reincarnate and they would hate me even more and have to feed off their own negative energy. They’d have a better chance keeping me here alive, and leaving me alone, then letting me come back more powerful and ready to thwart them with what I know.
I totally understand where you are coming from, and there was a time when the ‘collective conscious’ was all about physical battle, but that’s what they need to initiate martial law, here and now. Some sort of domestic problem with the people. This is not their only attempt to create the situation to bring it in…if we don’t follow through with our own violence they will create the situation and bring it on anyway.
It’s easy to relocate a bunch of people who have no where to live than people hunkered down on their property saying they ‘ain’t going no where’. It will get worse before it gets better.
They will get better, but OMG for what’s coming; this is a cakewalk. We have to cleanse all the negative to get to the positive and all that negative is building up and building up now..so it will get worse.
A long time ago, I was told WalMart would be providing food rations if our economy got to that point. I couldn’t believe it could get that bad, but watching from the sidelines and knowing all these little pieces of information, I can ‘their plan’. The goal was to place one everywhere. In some places, WalMart was so successful and displacing other businesses because people in small towns would only shop there, that when all the other businesses shut down because no one bought anything from them, and they could not pay their employees and laid them off, and they could not shop at WalMart; the WalMart left. The town was dead.
But after what I saw how WalMart treated the Chinese, and knowing they do not pay anyone above minimum wage, even their managers, and that they don’t give 40 hour weeks to the rest of the employees, and they offer health care the workers can’t afford, and that they are a closed system, such that what they pay in wages is spent right back in the store by their employees because they are paid so little…. and that most of those are on public assistance like Section 8, and public healthcare for their kids, and free lunches, etc…I stopped shopping there. But there are many that won’t listen and support the system that will end up hurting us in the end. Since they can treat the Chinese the way they do, and still get supported by Americans. I see no difference in their corporate mentality treating Americans the way they treat the Chinese, should the time come….so sometimes we move like sheep with the crowd and end up helping those that will harm us. I bought the home in 2000 before they did all this ‘everyone should own a home’, but I be darned if I’m going to continue to pay them and support that system and watch them still hurt other people, and be glad it’s not me.
David, I’ve take a stand by refusing to participate. I won’t shop WalMart because I know you don’t pay enough money, or I won’t pay for that home because I know your intentions aren’t good and you will hurt someone else if I buckle under RICO conditions, (threat, duress, and coercion) and pay you.
I’m ready to suffer the consequences for standing up for what’s right, because in the real world, that home is still mine! It was stolen…I was dispossessed!
When I saw what the Real Estate guy did at the end, and he put a lock on saying it’s abandoned, counting the day of the forcible detainer and the next day…well hell…that’s all I can say.
The Creator blessed us with the ability to express ourselves and so I use it according to get my point across, but I won’t lose the core me, dealing with their superficial illusion of what has value.
I HAVE VALUE, and I AM worth more than that house, and I can sleep at night, and I want them to walk a mile in my shoes…and come rapture time, I want them to weep, and cry, and beg for mercy and there be none for them, and I want them to feel physical pain that is 1000 times worse than the mental and heart pain we felt by their deeds, I want their punishment to be a millinon years per soul harmed, so their time in HELL will feel like an eternity, and I want to watch them and be joyful that ‘justice was served’ in the court of Universal Law.
There’s more to the Universe than just here, and their power is an illusion, and my joy is in knowing that within a two year time span, they will find out they sold their soul and that their deeds were so great that there is not enough time to correct of fix the harm they caused, and they find out that they had the power to affect so many that they will suffer greatly along with those who eons ago, decades ago already sold their soul out and is just taking these latest mindless, gutless, slave mentality lawyers, judges ,and regulators with them.
If I was an attorney or judge, I would stop and think.
Hey, I went to law school, and no one told me while I was spending all that money…not even the university..not even the professors…no one told me that to be licensed by the BAR, I’d have to take an oath…how deceptive is that?
So now I’m part of this elite club that is based on deception, and I’m serving it, (which doesn’t eat, drink, sleep, or think..it’s a strawman); and I’m displacing real souls and calling it ‘doing my job’. But I’m afraid to stand up to the hidden hand that is controlling all of this, so I guess I’ll give my soul to forever burn in hell and damnation since I’m part of this elite club.
When the time comes, NO ONE CAN SAY, THEY DIDN’T KNOW WHAT THEY HAD DONE, and I’ll be there watching and knowing what I had done, I will say to them in their misery, YES YOU DID. I LOVE YOU! and smile!.
We punish our kids because we love them. Natural Law and Universal Law is no different.
Their punishment is coming, I will spiritually see to it, and I will be there.
Light and Love,
Trespass Unwanted, sui juris in propria persona
David, truly understand your anger! But also understand that this site get’s read by the other side … and they will use anything and everything to shut it down if possible… Keep in mind that the dialog of “net neutrality” policing the web, is going on in DC.
Trespass,
I know it is not easy and I too will be faced with decisions – as will most of us…
When Patrick Henry finished his famous speech (March 1775) before congress many others before him made their cases “against” fighting the Brits. It was a suicide mission. The Brits were the greatest military in the world at that time. The last group prior to Henry made considerable pleas and good reasoning with why we should not fight. Many citizens were against the very thought of rebelling against the king. It was a gut-wrenching nauseating feeling. They estimated the human lives lost would probably be half the population.
Finally, Henry approaches the podium. Congress met in St. Johns Church – running from the Brits. The issues before them were many and the king’s transgressions were mounting from years of arrogance & abuse – from their perspective. All knew they would be hung for treason if captured. All knew they would lose most everything they owned including their sons & daughters, wives, etc.
Henry’s speech is very compelling. So much so – congress was silent and sniffles of grown men could be heard trying to hold-back their weeping. They knew – they all knew – it was not only time – it was THEIR time. Their belief was a strongly held conviction that all men/women were endowed with certain inalienable rights. These rights were NOT given/granted by governments – they are sacred and can only be “recognized” by our government. The right to be FREE – EQUAL – the LIBERTY TO PURSUE LIFE & HAPPINESS – these are bestowed upon YOU & ME and all human-kind. Those dudes were not perfect by any stretch nor did they proclaim to be. However, they had convictions enough to die-for. Therefore Henry’s famous speech – “…give me liberty or give me death…” rang true in their hearts! Emboldened by their convictions and having faith that they were doing the right thing for God & man birthed a nation of that knows what it feels like to walk “your” mile. The fought & died for that very cause to “walk.”
It is our DUTY – OUR SOLEMN DUTY as citizens to rebuke and prohibit these self-proclaimed “lords” from this counterinsurgency they have embarked upon our fellow citizens. Self defense is not wrong – surrendering one’s inalienable rights is not wisdom. Helped start a few churches in my day – what many tend to forget is that Jesus everyone proclaims to be a big-love-muffin – is the same God that wrote the 635 laws in the OLD Book (old testament) so, He is not a push over. I’m not implying you are of that same creed – but I think you get my gist. If you are a pacifist – that’s cool – I respect that… I’d only ask then to pray for those who might be defending your rights using methods the enemy tends to comprehend. 🙂
There comes a time when folks must act. If not, it only encourages more abuse. Sometimes the only way to put down a rabid dog is with a gun. The choice is theirs – it does not matter to me – though I’d rather they simply be held accountable by law, me thinks they have other plans and thus far our laws have not mattered to them. These critters ate too many mushrooms growing close to the dung-piles.
Keep the Powder Dry… 🙂
PJ – I agree it is very unfortunate…
If there are other ways to get their attention, I’m open to it. Thus far, they have proclaimed themselves kings… we shall serve them!
Violence is a last resort for any situation but the courts – lawyers & gov have made it clear. They will destroy our families – totally disregarding common decency and respect and leave our children and us in the gutters for dead. How many times has Countrywide been sued and not a SINGLE prosecution…?
The last bail-out signed by Obama was a FREE-TICKET to these lying bastards to take & pillage at will. They’ve been paid by Mortgage Insurance – Bail Out and who-knows how many other payouts from Fannie-Freddie-mini- and Disney but that isn’t enough… they want to LEAVE a MARK on these folks…
—snip — “…Housing experts expressed concern that banks, not homeowners, will be helped by the White House’s $3 billion funding infusion — $2 billion from the Treasury Department and another $1 billion from the Housing and Urban Development Department — going to those states hit hardest by the housing market crash and unemployment…” —end-snip—
If you want really get ticked off – do the research on “Black Box – CDR, David Rubin, Bill Richardson, the Democrats, and Black Box Scandals – this stuff is EVIL to the core… and it is does NOT matter what side of the isle they sit on – Republican – Democrat – etc… These people MUST GO and we need to set TERM LIMITS on the bastards to NEVER – EVER allow these mini-monarchs to setup camp again. This is wicked to the core.
It is a very bad feeling – nauseating – nasty feeling… Sometimes we have to do – what we know we have to do. Our Founders faced this same cronyism and if we let them get away with this – we are selling our children out. This is NOT a mistake. It was planned. They KNEW the consequences and are “betting” on a “non-response.” They are betting on the American people whining & complaining – trying to sue and make a wimpy stand.
This is Un-American – it is WRONG – It is against the very principles of the spirit of this nation. If they had screwed up and simply made a mess, we could all share the blame and hustle up to the task. That is FAR from the case. These lying bastards KNEW – calculatingly KNEW – profiled YOU & ME and everyone else before they rolled the dice.
The ONLY reason we are even able to connect these dots is because of what Neil and others have done. Otherwise they have calculatingly spread this out to keep the foreclosures within controllable fallout. They didn’t count on their Glass Ceiling falling before the floor fell out. That is the ONLY reason most of this has been exposed. Look how hard it is even NOW to get the media’s attention. We are still considered “deadbeats” who CAUSED this freaking mess. Most folks BLAME us and only blame Wall-Street for allowed our greed to get what we wanted. That’s what most folks believe and why is that…?
I truly hate the thought of violence. I just want our life back – but I’m afraid we’ll have to FIGHT them for our lives and they will NEVER be the same no matter what we do now. Maybe by some slight miracle the FBI will grow some balls and STAND UP and BE COUNTED as AMERICANS instead of political pawns but all indications are SHOUTING otherwise… I’m afraid we’ve reached that point of no return.
They started this fight – not us. They broke the law – rewrote the law – ignored the rules – and did so DELIBERATELY – CALCULATINGLY – and now they want to take our homes spit in our faces – pillage our future – enslave our children so they can still cash-in their retirement funds – drive their Porsches – buy up the foreclosure homes where they want to vacation – rent them back to us – penalize us for rest of our lives paying outrageous interest rates – extra fees because “WE” are now considered RISKS…
Keep the Powder Dry…
PJ,
The law firm represented their client, a bank, (had an interest in my home), they used a filing (not a recording), a filing in the courthouse that will disappear in two years to establish their client as a Lender, but they didn’t use the word Lender (like my Deed has), they established their client as a Current Mortgagee (no, no contract exists between the two of us, never paid them a dime, never heard of them before they demanded money, they never assigned the mortgage to themself, I was blindsided when they showed up), so they establish themself as a Current Mortgagee who says I didn’t pay them what I owed them so they ‘declared’ a default in that document and said they were forcing a sale.
They said the substittuted the trustee at that time (they had not).
Anyway, aside from the substitution taking place later, they still had no right to do that,
the did the “sale” (term used loosely)
They placed the highest bid for their client
They declared the home sold, to their client,
Then they created a Trustee Deed from the substitute Trustee to their client, and then they created a Special Warranty Deed from their Client to Fannie Mae, and then they represented Fannie Mae in court to dispossess me from my home.
Now whether they actually contacted Fannie Mae and Fannie Mae asked them to represent them, I doubt it, but just saying they gave Fannie Mae a Deed and need me to get off the land, was an extra layer of deception to make what they did appear legitimate.
Under no circumstances do I believe Fannie Mae knew what was going on, but maybe now they’ve been conveyed something or just have a warranty deed. (A Special one).
I would say Fannie May did not have a warrant to foreclose, that law firm used what they did, and gave themselves permission to represent Fannie Mae to foreclose, to give them a clear title by using the courts to do it.
Light and Love,
Trespass Unwanted, sui juris in propria persona
David,
You are so funny,
I wonder if in another universe I have a dark side that would make
me do that and serve time as their slave in their prison.
They don’t care who we hate, as long as we hate.
They don’t care who we are angry at, as long as we are angry.
That energy can be harnessed like energy harnessed from water in a dam. We are so naive to what is being done from a higher realm of consciousness.
I will take the time to Love them enough to send them some Karmic energy that will make them walk a mile in my shoes.
Well call it love and wisdom. I love them enough to give them the wisdom of knowing what it feels like to walk my mile.
Trespass have you contacted the local chapter of HUD… or a non-profit housing councilor . Can understand David’s anger… but violence is not the answer… this is what they are hoping for.. for American’s to reach a boiling point and turn on each other . I for one will not fall into that trap.
Trespass,
Here’s your remedy – take a baseball bat to the real estate agent. Drive over to the foreclosing attorney’s residence – take a baseball bat to his wife & kids – drive to his office – PLEAD insanity – then beat the living piss out of the punks. YES you will get locked up. YES they will make a big deal out of it.
If FRAUD was involved THEN YOU NEED A BIG DEAL to GET THEIR attention… OR you can write and complain to whomever and they don’t give a rats ass about YOU or YOUR FAMILY. That’s the message they are trying to get through to peoples heads. YES they broke the law. YES they do NOT care what happens to YOU or your family.
They KNOW they are wrong – they know they are breaking the law – they know you will NOT do anything about it because you can’t. They OWN YOU as long as YOU abide by their rules THEY will do what they want. They own the courts – the only thing you have left is YOU.
Take away what they cannot replace – make them fear YOU and they will respect you. They have no respect and no fear because they OWN YOU and me and everyone else who continues to play by THEIR RULES. They do not care if your kids a gang-banged and raped by drug addicts. They DO NOT CARE about you. They are no different than the terrorists. They will continue coming AFTER YOU ARE DEAD. They will COME AFTER YOUR KIDS. That’s why I keep saying it – take a stand for your FUTURE and your KIDS future.
I know it sounds crazy – 3-million FAMILIES will be tossed to the streets this year. Keep going to court – hoping someone wins a case… In the mean time, you and your kids are homeless for LIFE. If you buy another house – guess who will be waiting. The damn house in our loan docs does NOT even exist. EYE for EYE – TOOTH for TOOTH – LIFE for LIFE. The destroy our lives we destroy ALL OF THEIR LIVES. They put you out of your house – take a gang to their house and RIP IT AND THEM TO PIECES – all you need to do is ask a simple question as you leave – WAS IT WORTH IT – WAS IT REALLY WORTH IT… then let them sit in blood of their kids & spouses – mothers & fathers – let them think about it… OR we can hand them our houses and we might as well pick out the slave-chains while doing it.
This is NOT about only “us”… I dont’ give-a damn what I live in. This is about PRINCIPLE – DUE PROCESS and lying theiving punks who think they OWN us… We fought this war over 200 yrs ago – we can do it again. In fact, this one will be MUCH quicker and much less bloody – done right, it will be THEIR BLOOD and will only last a week or two.
All done – everyone goes back to work – pile bodies REAL HIGH – TAKE lots of pictures – set the fire and DONE. The pictures should be saved and periodically published as a reminder for the next bunch of socialist lying theives thinking they’ll bankrupt our country and steal the future of our children… but then maybe most folks are like Jimmy Carter and they’d rather be RED than DEAD… NOT ME…
JUST SOME THOUGHTS – SORRY TO HEAR ABOUT YOUR TROUBLES DUDE.
KEEP THAT POWDER DRY…
Monday 16 August 2010
Great Maine Supreme Court case, and educational. As it turns out, the Accredited Home Lenders [AHL]mentioned in the case is the same originator in my case.
There is one point made by the supreme court, in its review of the case, that shows how the defendant did not challenge or make an objection at the initial stages of the foreclosure complaint.
On page 16, the court states: [4th line]
“MERS sought to foreclose on the Sanderes’ real property after they failed to make payments on the note, and the bank now seeks to foreclose on the samemortgage for their [Sanderes’] failure to make payments on the same note.”
Can anyone spot the issue?
If it were me, I would be denying that I was in default in failing to make payments because the Lender has not demanded payment from me, nor has the Lender ever declared I was in default. [MERS was not the lender!]
MERS, lacking standing, could not make such a declaration about me being in default because it was not a party to the transaction, nor was it in a position to demand payment.
The only reason why the Maine Supreme court made that statement is because no one challenged the default status, so it was PRESUMED to be true. Once it was not challenged, the right to challenge it has now been waived.
This is what must be done in reading cases and pleadings. Parse every aspect of it, leaving NOTHING to be presumed or ceded to the opponent. the plaintiff would have had difficulty proving default. THIS is why
everything needs to be challenged. Deny, deny, deny!
I will go one step further and tell you why this case should have been thrown out as void. Accredited Home Lenders made an “allonge transfer” to Deutsche Bank in July 2009.
Heh, heh…Accredited Home Lenders filed for Chapter 11 bankruptcy in May 2009, and unless the alleged “allonge transfer” was done with permission of the bankruptcy court, which I doubt, no such real transfer ever occurred.
Folks, sharing information like this is exactly how one can benefit for their own cause. The Maine Supreme Court dismissed the case, so it became moot, but if Deutache Bank were to ever refile, I would challenge the validity of the allonge transfer. Of course, one would have to check it out with the bankruptcy attorney for AHL, and I have done exactly that, which is how I know for a fact that AHL had no dealings of any kind,
after the bankruptcy proceedings. It had divested itself from all loan transaction and servicing rights.
Sweet!
Just an observation…
2 Tres pass , this is a bit confusing how can Fannie Mea have a “warrant” to foreclose under the current administrations “guidelines”
PJ,
I’m dispossessed. Case closed. Unless I sue.
Fannie Mae was given a “Special Warranty Deed” since the foreclosure “Trustee Deed” was based on ‘no warranty’, AS IS, as purchaser’s peril, etc.
This is one of those states where once the eviction occurs, the debt is ‘cleared’ (I guess you say), and they keep the property and you walk away without your home and without your equity.
I do listen to other (selves) so to speak (since all is One, hope I didn’t infringe on anyone’s right to now know) and I will take your advice, and not pursue it further; not even with the police complaint I stated earlier.
There is no honor among thieves. That makes so much sense to me know after all I’ve seen and what I know.
I will not lose myself in this, and I thank you for posting.
Light and Love,
Trespass Unwanted, sui juris in propria persona
BAD THINGS HAPPEN TO GOOD PEOPLE! WE CAN HELP YOU RIGHT AWAY! NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. POSSIBLY GET PRINCIPAL REDUCTION AND IN SOME CASES INTEREST RATE DEDUCTIONS. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C OR YOU HAVE A MORTGAGE WITH INDYMAC OR ONE WEST BANK CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 AND GET RELIEVE FROM YOUR PROBLEM!
2 Tresspass… please do not put youreslf in danger.. if Fannie Mae own’s your loan your are entitled to recourse under the current administration… correct?
So a Real Estate agent shows up at my property the day the ‘sheriff’ a man with a gun was to serve the forcible detainer.
Of course I’m not there.
So the Real Estate agent posts a sign on the door saying the property is REO owned and if the occupants don’t contact him in 48 hours he’s going to declare the property abandoned and re-key the lock.
I show up 96 hours after the forcible detainer and see the note.
I contact him and say the property is ‘not’ abandoned. He says, well there was no one living there.
“Well if I was there, a man with a gun would have made me leave, kicked my stuff on the lawn and locked me away from the rest of my possessions.”
He says, “Well if you weren’t going to do anything wrong, you didn’t have to worry about the sheriff showing up at your doorstep.”
I was like, “excuse me!” “The property is not abandoned!”
He says, “Well I already rekeyed it!”
I told him, “he can’t take it over, it’s still in a lawsuit, and unless he wants to be sued for trying to take over property, he needs to remove his lock from the door knob.”
He says, “Well you left the property so it’s abandoned.”
So we go back and forth and I told him if he didn’t rekey it back, because I’m in a lawsuit for a fraud foreclosure he is agreeing to be sued for interfering with possession of property.
So this guy sends me an e-mail (I had a card behind my alarm system and some papers on how to operate the alarm system that I left behind) saying he’s contacted Fannie Mae Eviction supervisor and if they say rekey it he will.
So I told him, good, because maybe an eviction supervisor needs to know the home was involved in a fraud foreclosure.
Then he e-mails me to tell me to contact the law firm that did the foreclosure.
I responded in e-mail, that I will not contact them, I am suing them.
Then he contacts me saying, “they” told him not to rekey the locks.
So this real estate guy is like an ‘ambulance chaser’.
He knows about these foreclosures. He knows when the forcible detainers or unlawful detainers (depending on your state and what they call them…definitions are different), are served.
He shows up the day they are served, knows you got the heck out of there cause you don’t want to be tazed or arrested, and then he claims the property as abandoned and puts his sign up.
Usually they will collect lease payments on the home for a short period of time, and then after it’s been called ‘abandoned’ for a longer period of time, they will but it in their MLS listings.
So I catch this guy in the act, trying to take over my property and now he wants to establish an agreement with the law firm that did the fraud foreclosure, as if he’s in the right.
I told him I have his letter he posted on my door, and all the e-mail communications we had, and records of the times I called him, and that I will file a police complaint for him claiming my home abandoned and will use it when I sue him.
Will this ever end! Wolves, devils, vultures, all kinds of dark things when it comes to picking off the real man or woman and taking over our property.
Now that I’m in this situation, I want to see how deep the rabbit hole goes…I wonder if the bankers knew that bit, that there is a 6 month to a year time frame that realtors are skimming off the top on their property by being ambulance chasers and confiscating REO real estate before the ink on the served ‘detainer’ is dry.
The guys sign had his realtor company, his name and phone number and said ‘Coming soon’.
I’d seen those before, they are usually followed by a ‘For Lease’, and people live in them about 6 months to a year, and then move out, and then a For Lease with a For Sale is on them.
Sort of a double dipping…if someone leases it, they get the money and it remains on their MLS and is not shown, and if someone
buys it, they get the sale.
I’m telling you, the banksters jack us, and then get jacked!
Ah ha!
Wouldn’t they love to know that bit too!
Light and Love,
Trespass Unwanted, sui juris in propria persona
I will file that police complaint…the property is NOT abandoned,
he wasn’t working for Fannie Mae nor the law firm when he claimed it. I object to the tactic used by the realtor to stake a claim when I still have two years to overthrow their fraud in a legal battle.
I just don’t want to lose myself in the process, and I need time to learn Rules of Court and other forms to do it, (if I do it).
Staying in the language of Love, I probably won’t, but I need to know everything I can about how this theft works from beginning to end for my own understanding.
There is a remedy. There’s a change coming. I read about it daily and people I talk to have expressed things. I’ve noticed more people’s body needing some sort of fix or repair, in the past two weeks, there’s been like 6 people I’m aware of with medical emergencies or surgeries of some sort, and in the past month, it’s been more than that, either illness or death.
There is a change coming.
It will get worse, closer, harder, before the light at the end.
Groceries are going up. I picked up like 20 things and it was $59 dollars, and 6 of those were less than .57cents.
Read that banks want to limit when people can take money out of money market accounts, in case there is a run on the bank, all the money can’t be removed as once. I’m reminded of an article of a bank that wanted all withdrawals to wait 7 days before being fulfilled. that was to begin in April, but they said they weren’t sure when they would implement it.
Seems to me they’ve already served notice and can implement it within hours if they felt they wanted to.
Keep your eyes open and your heart in Love if that’s your will.
Light and Love
Monday 16 August 2010
Superb! Outstanding!! This is what makes this site so valuable for anyone fighting to keep their home. Cases like this and others presented on this site, as well as from Weidner’s, not only from Florida, but Missouri, Nevada, New York, are a primer for putting a responsive pleading together, with teeth. And not a few of the pro-borrower cases are coming from state supreme courts.
Learn what comity is and how to apply it for your own pleading.
I disagree that the level of litigation is too sophisticated and the procedures are beyond the
capabilities of a non-legal defender. Anyone who has
taken the time to read the cases presented, [and anyone who is not reading them is doing themselves a disservice], should be able to follow these fine points as they become more and more obvious and apply to other cases across the spectrum.
Great contribution. THIS is how to turn things around.
The numbers of significant cases are growing. Congrats to whomever brought attention to this case!
Heartening.
So a Real Estate agent shows up at my property the day the ‘sheriff’ a man with a gun was to serve the forcible detainer.
Of course I’m not there.
So the Real Estate agent posts a sign on the door saying the property is REO owned and if the occupants don’t contact him in 48 hours he’s going to declare the property abandoned and re-key the lock.
I show up 96 hours after the forcible detainer and see the note.
I contact him and say the property is ‘not’ abandoned. He says, well there was no one living there.
“Well if I was there, a man with a gun would have made me leave, kicked my stuff on the lawn and locked me away from the rest of my possessions.”
He says, “Well if you weren’t going to do anything wrong, you didn’t have to worry about the sheriff showing up at your doorstep.”
I was like, “excuse me!” The property is not abandoned
Sorry folks, yes that was sarcasm just as much as it was intense anger. If you read that bottom paragraph, we were told in no uncertain terms, in March of 2009, that Americans would be aided in keeping their houses, and that the fraudulent practices that lead to the problem would be uncovered, and the perp-traitors punished en masse.
I’m truly ashamed at our executive and legislative branch that they would make such a show, handing out pens to all around after the signing, without the least bit of follow up on yet another hollow and meaningless charade pretending to aid the homeowner. And as we all know, every stinking homeowner program to date has actually been another handout of taxpayers money to the very criminal idiots who sank us all.
First employment goes and thus income. Then your savings is depleted trying to keep afloat and to keep your home and insurance. Then your equity in the home vanishes, which represented the lion share of sweat equity and in a lot of cases, the only real savings many of us had. Then the coup de grace, the sheriff shows up to show you the exit from your home, as if you didn’t know where that was.
Although coup de grace isn’t the appropriate term in that that phrase literally means “the death blow to end the suffering of a wounded creature.” And by no means is the suffering over, for millions of us have no family to move in with, no safety net underneath us, nowhere to turn. Cardboard housing underneath an overpass doesn’t sound much like the description of the nice family filled, tree-lined community you used to live in, now does it?
The American Dream is now the American Nightmare supported by the US Government and the usurious bastards on Wall Street. Wait until they kick in Health Care Backed Securities (HCBS). You will not live long enough to worry about your house payment.
2 KT… Matt Weider, (law blog) working in FL.. has alot of information on the title company…
http://mattweidnerlaw.com/blog/2010/01/part-iii-mers-foreclosure-fraud-and-document-mills/
Neil,
“…has reached a point beyond the capabilities of virtually any layman.”
What about including the even bigger problem:
“…has reached a point beyond the capabilities of virtually any judge and many lawyers.”
.
Problem, Reaction, Solution. This is the agenda. The government is not here to help. But only here to create fear and chaos. The cover up continues. Do not walk away..This is what they want you to do. Stop your payment, Fear not, make a stand and fight these S.O.B’s.
US Government promotes predatory lending. Now, Millions in a position of usury while others collect unjust enrichment. Seven years later, Homeowners suffer losses, other families being relocated to the streets. Here is proof. Decide for your self.
Click below:
http://www.youtube.com/watch?v=kNqQx7sjoS8
DO not trust your government. Democrats or Republican’s They are nothing but puppets within the arranged agenda. The laws of this land take from the tax payer with nothing in return. They stole form the poor, fleeced the middle class and gave more to the bastards connected in Washington. It’s time to fight. Be a patriot ! Stop your payment. Speak your voice and be heard. There is nothing to fear. They are nothing but shadows and dust.
All I can summon up today is karmas a bitch
frankielee
Do you have a link to your comments above
referring to “The President has just signed the Helping Families Save Their Homes Act and the Fraud Enforcement and Recovery Act into law, landmark pieces of legislation ?
I am unable to find anything on line. THANKS
frankielee
“Don’t worry folks, help is on the way.” thanks fuunny.
because there is no date or link i assume the sarcasm , this protection & tools is more of the same non trustworthy “help” we have already to our detriment endured.
“sheesh”….Marge make em stop!!!
Don’t worry folks, help is on the way. Read the following. President Obama has signed into law a new act that will solve this problem from a number of different fronts. First, it will “help Americans keep their homes”, but just as importantly, it will go after the mountain of fraud that set this problem up to begin with. Don’t worry about the fact that this bill was put into law a year and a half ago, I’m sure it’s due to kick in here any day now. And as soon as it does, these fraudsters will be doing the perp walk. Thank God, help is here at last, we’re all safe now:
“The President has just signed the Helping Families Save Their Homes Act and the Fraud Enforcement and Recovery Act into law, landmark pieces of legislation addressing the problems that helped set off the economic crisis we are fighting through now.
The Fraud Enforcement and Recovery Act gives the federal government more tools to crack down on the kind of fraud that put thousands of hardworking families at risk of losing their homes despite doing everything right to live within their means. It expands the Department of Justice’s ability to prosecute at virtually every step of the process from predatory lending on Main Street to the manipulation on Wall Street. It also creates a bipartisan Financial Crisis Inquiry Commission to investigate the financial practices that brought us to this point, so that we make sure it never happens again.
This is great news for Maine and homeowners here (like myself) who are trying to save their homes being taken from them through fraudlent practices of the banks…
Another article of interest is a depo taken by this same Att. Thomas Cox of Portland Maine found here…
http://frauddigest.com/pdfs/jeffreystephan.pdf
All the fraudulent paperwork in Maine is coming out of Pinellas county FL , these VP signers and their notaries are employees of NationWide Title Cearing in Palm Beach FL…
New light should be shone on this title company, and they should be listed right up there with…
David Stern
Shapiro & Fishman
Marshall C Watson
Thank-you for your dedication to this cause!
Amen. Why do they still have any money? Why are they still functioning? Why haven’t they had to give every cent back? How on earth do they keep taking what is NOT theirs? Why arn’t most of them in jail?
THE AMERICAN HOLOCAUST.
WHILE I APPRECIATE AND THINK THAT THIS IS A MOVE IN THE RIGHT DIRECTION THE ONLY WAY TO WIN THIS IS TO SAY TO THE BANKSTERS
GOOD RIDDINS JUST LIKE WE DEALT WITH HITLER MUSOLINI AND THE JAPANESE GOVERNMENT.
IT CAN BE DONE SWIFTLY WITH CITY ORDINANCES TAKING AWAY THEIR BUSINESS LICENSES AND HAVING THEM PAY RESTITUTION.
NEVER AGAIN