Damnedest thing I ever saw. BAC-Stewart – Plaintiff_s Memorandum in Opposition to Defendants_ Motion to Vacate (8_13_10)
With the left hand in the right pocket and the left foot in the left pocket and the right foot in the back pocket. Read the whole thing through and give me comments.
Filed under: foreclosure |
Gary H.
Beautiful! A tremendous link. I wish I could just submit that entire power point presentation to the Judge along with the applicable Kansas Statutues. Maybe with a bit of animation…
You saved me a considerable amount of time today. God Bless You.
Kelly,
At the website that ‘zurenarrh’ provided there is a sub-link which may help to save you some time…..
http://www.foreclosureprose.com/storage/forms//ForeclosureFraudAnatomy.pdf
I’m also going through this mess basically pro-per as of 8/30/10. BTW thanks zurenarrth for the link.
trespass unwanted,
I’ve learned a lot over the last three years but I’ve never heard about the the things you’ve shared. I appreciate the time you’ve taken here to do so in such detail.
Yes, losing one’s house does motivate. It’s weird how things can become better in ways you never expected.
I plan to re-read your post a few more times, and to research the parts I don’t understand in more detail. It’s all so very interesting, isn’t it?
Kelly, thanks for the kind words.
When people ask me about at arm’s length, I put out my arm between them and myself, and say, ‘it’s my way of saying I don’t trust the agreement.” Most look at the signature funny and stick the paper or agreement in a drawer, with a slight shrug, as if, “oh well, not my problem.” I’ve not had anything come back. Even payroll checks haven’t come bank and deposit and withdrawal slips, and everything I sign..because….it’s my signature. All of it.
I thought of a few more things…and it’s just thoughts.
Keep in mind who the ‘court’ is saying you are a Defendant and dealing with; by definition a ‘Plaintiff’::
A person who brings an action; the party who complains or sues in a civil action and is so named on the record. A person who seeks remedial relief for an injury to rights; it designates a complainant.
I’ve already stated what a person is in a past post.
You have to realize, the court is treating this as two businesses who had an agreement and are in conflict with each other over the terms of the agreement. That’s why the (real man/real woman) CEO/CFO is not listed as the plaintiff. It’s a corporation name like BoFA or MERS or BAC, or whatever against your name, and sometimes the court will put it in Upper and Lower case to throw you off, but rest assured, it’s ALL CAPS internally, just like on your drivers license, your check book, your social security card, you work ID.
So remember, it’s corporation against corporation, and the definition of a Plaintiff is a person, and the definition of person is
In general usage, a human being (ie natural person), though by statute term may include a firm, labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.
(I want to add that the definition contains the word person within it’s own definition, so that’s a nested definition such that a natural person is the same definition which in court is a natural corporation by statute.
Also, Pro se uses the word person to define it, so it’s almost like a corporation defending itself from a corporation, without the use of a lawyer, (ie legal representative, as defined in person above), which a lawyer is a person, so pro se is like a lawyer, which is like a legal representative, which is like a person. Another reason why I think Sui juris is more what people need to defend themselves in court as, but I ‘really, really, truly, don’t know legal things and can’t give legal advice.
Also just because human being is used in Black’s Law, it’s not defined by a human being definition. Human being is also used to define man. So a person and a man are both defined as a human being, and man includes woman and child. But also realize that person is by statute, so you must get past the initial definition to see what they are really calling you. So if you define person as you, then it as you, because that’s what you think you are, and well, you know what they say about ignorance of the law. Human being is not a legal term, is a definition of a legal term, so they may as well say a person or a man is a Darwin evolution.
Don’t be tricked by person, figure out how to be a persona if you are going to challenge jurisdiction, and you should object to being called a Defendant. I know of a case where someone answered it and it contained the words, “objectionably called defendant’.
When the viewed the case in the court records, it stated right there, the Plaintiff name as the stated and the persona’s name with the words objectionably called Defendant, instead of just the word Defendant. Sweet!
There are many ways to confer jurisdiction including accepting the titles they give you. So many tricks, so many…it’s totally wrong to make an average persona go through all of this to try to protect rights that should not need protecting.
I was listening to an audio where a person was retelling a story he said he witnessed, so it’s hearsay, and he says a couple was being tried in a criminal case and each day the case would get delayed because the couple would not confer jurisdiction to the court, even though they had an Defense attorney, (not sure how you did that with an attorney, unless they would not talk to the attorney and discuss the case with the attorney, but the court will appointed one for you upon your objection, I’ve seen it happen. I’ve seen them tell people whether you like it or not, you will have a court appointed attorney), anyway, he says on the third day, the defense attorney told the judge, …he’d like to “introduce his clients, the Defendant’s, so and so and such and such”, and tugged on the arm of one of them, and they both stood up.
The person talking said, the judge immediately touched down his gavel and said, “Let the record reflect that the Defendants have appeared in the courtroom’. Lets say they did jail time after that trial.
So jurisdiction is important, and these people did not appear by special appearance with a defense attorney, but without a trust agreement with the attorney, the court could not proceed, and so it seems, the attorney made the court have an assumption of a trust agreement by introducing the clients, and they ‘not paying attention’, got up. So it must have been assumed they appeared by ‘general appearance’ with the attorney they probably didn’t want, and were ultimately tricked by.
Also, when the deputy walks in and says ‘all rise’, those that rise, confer jurisdiction to the court.
Contracts can be verbal, written or gesture. Rising when ‘told to do so by someone who should not have power of your’ gives them the right to have power over you.
If the judge stares and gets offended, you can reluctantly rise, but that’s under duress or coercion, and you can’t enforce a contract entered under threat, duress, or coercion.
Be careful with definitions, is all I can say, and in another post, edgetraderplus mentioned taking his time to get due process (I’m paraphrasing), but the court will try to rush things as they have a flow about them that if you try to keep pace, you may lose yourself or your strengths.
A case is as strong as it’s weakest link.
Due process is several steps. Courts will keep you coming back until they can get ‘the contract’. Consider the poster who worked a case for 8 years, bless her heart.
A case as strong as it’s weakest link goes both ways.
You may have an open and shut case, but if the weakest link is you, for your case, how you behave, what you say, what you confer, then all the evidence may not matter.
These people are pros and have been in court daily as part of their job, and you are not a regular so you don’t know all the ‘tricks of the trade’. I hope I helped someone, and maybe by losing my home, I’m more helpful than if I’d kept it. I did want to help others in the process, and I am happy where I’ve relocated to and my daughter is too! Inner peace is more powerful than anything anyone can do to you.
Be diligent.
State an objection to being called a Defendant in your writings, you aren’t denying anyone a remedy or a right or a right to possession or a rights to relief from an injury, and if you are a persona, then the other party needs to be one too, but if you are pro se, and they are a corporation, well, then, it seems two equal parties are at the table. At least notice them they are bearing false witness against you.
Just my opinion, and I will always admit I know nothing and if I think I know something I know nothing. Why? Because what I think I know today may change tomorrow based on something new I learn.
By the way, traffic cases, the person (yeah corporation) who wrote the ticket, ends up writing and affidavit to support that ticket so if you go to court, there’s a sworn affidavit about the ‘purported offense’, but get this, the person is only a witness….how can a witness bring charges against you? They can’t. The state is the name on the paper bringing charges…wierd huh? You confer jurisdiction when you fill out that piece of paper that only provides ‘guilty’, ‘not guilty’ and ‘nolo contender’. When you should be saying ‘Not applicable’ for all those options. Why bear false witness against yourself, but anyway to keep going past that initial writing, don’t do it. There’s many things you have to do on first contact, as mentioned by ‘edgetraderplus’ said in another post on a different topic. If you protect yourself in how you sign, and what you do, on initial contact, there’s a lot that can’t be done later.
By the way, the only way I saw someone defeat a court making them take a court appointed attorney in a criminal case is by the fact that the appearance bond they signed stated clearly, for attorney, that the attorney was the Creator, and they signed it very, very special ways to make sure they did not confer jurisdiction by being thought of as a person. Their signature ensured the court could not consider them a person.
The court really tried to force that court appointed attorney on them, and they were told once the court appoints one, you can’t get rid of it, but when they realized the bond stated otherwise the court appointed attorney went on the record stating they didn’t mind representing the persona if they decided they would accept the representation. Not sure why the court appointed felt the need to have that on the record. I digressed on that stuff. I still don’t know legal things, I only saw some things first hand and got other info from hearsay. Apologies for digressing.
Light and Love,
at arm’s length
Trespass Unwanted, sui juris in propria persona
NEIL,
What happened to EDGETRADERS comments? Who removed these? That was VALID information the HOMEOWNERS NEED! I AGREE with Everyone!
Kelly,
South & Associates received my file after someone filed a “Proof Of Claim” in the BK Court. Mr West as mentioned has signing authority for MERS. When I filed mine I never brought MERS OUT. All of this goes back to the proper assignments to the trust after origination. The assignment of MERS is NOTHING. WHY IS MERS INVOLVED? Anyone beyond the originator should be properly endorsed. Who in the hell assigned it to MERS? Who do they work for ? Where’s the Wire Transfer Control Number that paid for the purchases after the “Origination” of the Debt? What TRUST/POOL HAS THE NOTE CREATED THAT’S MAKING THEM MONEY?Someone had to send money to pay for the note!Where’s the GAAP REPORT ? Where’s the cusp/isin on the CDO so this can be tracked? Where’s the docummentation JUDGES??? That has to be documented SOMEWHERE! YET THEY TEND TO IGNORE US! NOTHING but a SHELL NIGHTMARE!
THE JUDGES AND BANKERS are involved in passing the buck to make sure they have a paycheck! Notice NONE OF THEM ARE UNEMPLOYED! Shit if they are just join THE LYING FORECLOSURE MILL LAW FIRMS! You’ll be ACCEPTED to STEAL A HOME RIGHT AWAY!
Well the PEOPLE HAVE AS MUCH RIGHT TO MAKE AS MUCH AS YOU DO! IF WE have to PROSECUTE YOU TO ENFORCE THIS WE WILL!
This group’s main partner is a MO Supreme Court Judge with various CREDENTIALS. As I put in my complaint they will LIE AND CREATE FRAUD! They did in my case. Unfortunately, for me because of who I am and my current situation NO ONE WANTS TO HELP! They want you to be DEPENDENT ON THE GOV AND FEEL HELPLESS! This is who we’re up against the BANKING CARTEL to the ELITE BANKSTERS!
THESE guys are in on it with the likes of the attorneys BEGGING TO SQUASH SUBOPENAS,FOR TO MUCH DOCUMENTATION REQUESTED!
I so find it amazing that I can’t find adequate representation with everything I know. While I know laws are state specific in most instances what’s the use in having Federal Laws if their not being ENFORCED AT STATE OR FEDERAL LEVEL? Remember you will have a hard time with this group of THIEVES. ITS US AGAINST THE WORLD GUYS! THESE ARE THE MONEYHANDLERS OF THE WORLD.
If you understand what their doing and point out their flaws they sure don’t like it . Rembember these states make big money to have these corporations in their states. Don’t think this doesn’t go all the way up to THE FEDERAL RESERVE and the BOARD OF GOVERNORS.
THEY can’t say they didn’t know what they were doing. I know I attempted to make sure these guys were stopped 3 yrs ago now. You see how its turned out for everyone so far. Just utter CORRUPTION!
I say READ ON BOYS! I know who I am now and I’M READY! The knowledge to UNLEASH ON JUST WHO THEIR REALLY MESSING WITH IS GOING TO AMAZE THEM ONE DAY.
They really need criminal complaints done against them. But good luck finding an attorney in our neck of the woods to fight them. In my own case I made known what I know and they still lied to make this happen! Remember not only are the judges in their pockets they have people to remove anything from the record they don’t like w/o no justification at all.
What will happen anymore who knows. But F/ the parties republican or demorcrat it should be ARE YOU AN AMERICAN OR NOT TICKET REALITY SHOW! JUDGES ON TRIAL for “Obstruction of Justice” how many $$ do you want to lose today? The level of bias/impartiality is SO HIGH! w/the fraud this group produces it shouldn’t be so hard to MAKE A POSITIVE CHANGE!
I LIKE all of you can’t give up. We’re doing this for the less fortunate that don’t understand what we do about what’s going on. At least that’s the way I’ve always tried to look at it. But I’m DAMMED FOR THAT AS WELL!
While unfortunate for the guy who lost his job I’m kinda happy he did. The guy with the school system who made the state of NJ lose $400m for children should lose his job!
BE BLESSED ALWAYS FOLKS!
Kathy Utiss or maybe a new founded alias after my great great grandmother Katie(Howard)O’hara who will forever be in so many lives!
Kelly,
I hope it is helpful. Have you looked up the Stewart’s loan on the Fannie Mae/Freddie Mac online loan lookup search engines? That may be further ammo you could use against these criminals. Just Google “loan lookup” and “freddie mac fannie mae.”
The U.S. Supreme Court in Carpenter v. Longan ruled as follows:
“Carpenter v. Longan, 83 U.S. 271, 274, 21 L. Ed. 313 (1872)
However, for there to be a valid assignment, there must be more than just assignment of the deed alone; the note must also be assigned. “[t]he note and mortgage are inseparable; the former as essential, the latter as an incident”; adding that “[a]n assignment of the note carries the mortgage with it, while an assignment of the latter alone is a nullity”.”
You are very fortunate to be in Kansas, the home of Landmark v. Kesler. I am in a non-judicial state where challenging a foreclosure is unheard of–so said the attorneys I consulted.
If you haven’t already, look at the Vargas bankruptcy case, Bellistri, Kesler of course, and others.
Also check the Restatement (3rd) of Property, wherein the following appears:
“Restatement (3d) of Property (Mortgages) § 5.4
[a] mortgage may be enforced only by, or in behalf of, a person who is entitled to enforce the obligation that the mortgage secures”
Here’s a good site that’s very useful for case law:
http://www.foreclosureprose.com/case-laws/
Foreclosure Fraud,
As you know I am a HUGE fan of your site! Are stamped signatures valid for recordings in some states? I’ll check the Kansas statutes. But I didn’t notice the signatures were stamps, so thank you very much.
By glancing at the documents, I noticed the signatures of the vp of merscorp Sharron Horstkamp and sec of treasurer William Hullman are stamps.
I have seen sharrons before on other docs and it is identical. you can tell by the slant on this one.
If you overlay williams on top of each other or just compare side by side by his sig on the other doc you will see they are identical.
Not sure if stamped signatures are valid for recordings in Kansas but it may be something to look into.
Hope this helps…
4closureFraud.org
trespass unwanted,
I remember reading about what your Judge did to you. I was heartsick. Thank you for taking your time and energy to write such a sincere, well thought out, helpful comment for me.
You know when you have your strength and the fight builds back up in you, take your lender back to Court and fight for damages. Your right to damages increases greatly after they’ve taken your home.
I hope the fight does build back up in you, it breaks my heart that your home was taken from you. I don’t blame you for not trusting me.
God Bless Your Heart.
zurenarrh
Oh, I guarantee you, the Stewarts are hanging on every word written here. I really appreciate your input, most of which will be used in their response to the Motion.
I’m curious as to why you (and your wife) believe with all the evidence before the court in your case the court will still rule against you? Kansas I believe is more sympathetic to homeowners (MERS/Landmark case) but I might be living in la la land.
Anyway, I wanted you to know I found your arguments strong and succinct, and I can’t thank you enough.
I don’t know legal things so I don’t give legal advice.
BTW, where is edgetrader’s response. I thought I saw it here; now it’s gone.
Anyway, there is nothing wrong, in my opinion, to challenge subject matter jurisdiction. It’s how you do it, that in the challenge you can end up conveying it to them. A hard lesson to learn when it matters most.
In my case, I questioned the jurisdiction of the court. They need both, in personam and subject matter. When they called my name, I should have, and I repeat I should have made it known I was there ‘by special appearance’. I didn’t. Whether that conveyed in personam I don’t know, that’s why I don’t give legal advice, but I know what I should have done.
Subject matter jurisdiction, also in my opinion, could have been conveyed when they filed a ‘Motion’ to the court. If you make a plea to the court, you confer jurisdiction. I believe it should have been a ‘Notice’ rather than a Motion.
Last but not least, I believe I conveyed subject matter jurisdiction when I questioned it and the judge questioned me. So my response to her question was, I want to determine whether the court has jurisdiction to hear this case, and she responded, that’s what I’m trying to determine.
If I’d been wiser, and I am now, but was not then. I would have
‘stood on my square’ as I heard a woman put it. I would have remained silent, not answered “”any”” questions and let the court go about determining whether it had jurisdiction to hear the case. My answer to the claim did not give in personam jurisdiction, but I was there in persona and didn’t make it clear it was special appearance, and here the court was to determine something and in my ignorance, I answered questions that were like making a plea to the court about the case, and lost the very thing I was protecting against.
There’s nothing wrong with challenging it, it’s just knowing, they know they don’t have it, and they’ve had enough cases and enough training to get you to contract in and give it if you aren’t careful and aware that there are times the court can speak to you and you can remain silent. So when jurisdiction is challenged in court, pretend you have super glue on your lips after you do it, and no matter what is asked of you, no matter what they want you to show them, no matter what they want to know about the challenge…stand mute. stand mute…stand mute. Silence is it’s own language and a court knows what to do with silence, we just don’t know that.
Get a legal dictionary. Lawyers file motions, pro se if you are trying to protect yourself, you should look up the definition of Notice. Also if you have the power to enter contracts like sui juris, then you have the power to Notice the court of things rather than begging the court via Motions. That’s my opinion when I see the two words and try to distinguish why I’d use one over the other.
Full disclosure. I dropped out of the game after I lost the home. I had a 3 day period to tell the court I would appeal, and I didn’t know that until much later, because I thought the case was open and shut by my answer and I’d keep my home. But after that, I had to write the appeal and file it and pay for filing, and I decided I’d lost enough of myself in going through what I had up to that point, and so I send focused energy against all that have harmed us.
I sometimes feel like the sun is tuned into my energy and that of the others of us that are hurt and that solar activity is our energy being projected to the universe and returned to Earth. We will get our retribution. We will.
Remember I don’t give legal advice because I don’t know legal things.
Light and Love,
at arm’s length
Trespass Unwanted, sui juris in propria persona
(After what I’d been through everything requiring a signature, I sign this way, receipts, contracts, initials, endorsements, tax returns, rental agreements, everything. No more tricking me into obligations and enforcing them without my knowledge. Everything is done at arm’s length. I don’t trust you.)
MR GARFIELD (READ) I HAVE THE ( MERS) AGREEMENT FOR ( WELLS FARGO ) AND THE LAW OFFICE OF BARRETT,DAFFIN FRAPPIER,TURNER &
ENGEL.ALSO I HAVE THE LAW OFFICE OF
PITE DUNCON LLP SENT A TAMPERED NOTE TO THE FEDERAL BK COURT. SOUNDS LIKE THE
LAW OFFICE OF DAVID J STERNS. I NEED TO GET THESE FRAUD DOCS ON LINE. I HAVE OTHER DOCS IM SAVING FOR COURT. MR GARFIELD PLEASE EMAIL ME BERT
Cross-posted from the comments on the link to the actual document. I hope the Stewarts read this…
Edgetraderplus,
You’re absolutely right–MERS has no authority to do ANYTHING with the Note, unless there is an assignment of the Note to MERS, which there surely isn’t.
You’re also correct that the paperwork in the exhibits gives Osborn assignment rights. However, Osborn is NOT given the authority to assign the NOTE, as the limited power of attorney from BAC grants Osborn et al. the authority to do two things:
1. Assign the security instrument
2. Appoint a successor trustee
As we all know, the mortgage/security instrument follows the Note, not the other way around. So the limited power of attorney granted to Osborn et al. is completely ineffectual when it comes to assigning the Note. Apparently BAC is hoping that neither the Stewarts nor the judge will notice that distinction. As recent findings against MERS have pointed out, assigning the mortgage/security instrument is useless for empowering a party to foreclose because the mortgage/security instrument is but an incident to the Note and the mortgage/security instrument is meaningless without the Note.
[Added the following]:
That is to say, Osborn et al. are empowered by the BAC limited power of attorney to assign the mortgage/security instrument, but such an assignment does not do anything to the Note. The Note does NOT follow the mortgage. BAC has granted a power to Osborn that seems, at first impression, that it would allow foreclosure, but actually doesn’t.
This is also laughable for this reason: nowhere in all this poppycock is MERS, BAC, or South and Assoc. given the authority to assignment the most important document, which is the NOTE.
I am also fighting BAC, MERS, BoA, Recontrust, and Fannie Mae. If the Stewart’s “Corporation Assignment of Deed of Trust/Mortgage” is anything like mine, they try to make the Note an afterthought in the assignment.
What I mean is, the document focuses ENTIRELY on the Deed of Trust, saying that MERS as nominee for Countrywide Bank, FSB assigns all its “beneficial interest” in that certain Deed of Trust, Deed of Trust, Deed of Trust, and oh yeah, any Note that goes with this Deed of Trust, Deed of Trust, the all-important Deed of Trust.
I have two words to say that little trick: bull and shit.
As edgetrader pointed out, MERS is never mentioned in the Note. MERS disavows ever having anything to do with the Note. Therefore, MERS can’t assign a Note.
In my case, as I said, it was “MERS as nominee for Countrywide Bank, FSB” that purported to assign the Deed and the Note to BAC. Two problems with that nomenclature: 1) Countrywide Bank, FSB doesn’t exist anymore and/or has been succeeded by BoA and 2) “Countrywide Bank FSB” hasn’t held my Note since a week after my loan closing, so Countrywide Bank, FSB has no authority to direct MERS to assign either the Deed or the Note.
BAC has admitted this, by the way, in my case. They admit they don’t hold my Note, even there is an assignment in my country land records that says they do. They now say Fannie Mae holds my note currently AND held it at the time BAC tried to take my house, now over a year ago.
Fannie Mae says it holds the Note but hasn’t proven it. So we have a case where BAC, MERS, Recontrust, and Bank of America have all admitted that they fraudulently tried to take my house. It’s open and shut, really, but my wife still thinks the judge will rule against us. She’s probably right, unfortunately.
Ann,
Wow! I can’t wait to start reading it tomorrow, I took a quick glance when I downloaded and I’m thrilled.
I need to help the homeowner finish their response to the Plaintiff’s Motion in Opposition this weekend, and I thank you so much.
FORECLOSURE DEFENSE 101 – RYAN CURTIS ESQ.
————————————————————————-
Download it at
http://mattweidnerlaw.com/blog/wp-content/uploads/2010/08/foreclosuredefense.pdf
This is 84 pages of material that can form the basis for powerful defense in your foreclosure case. Good thing it’s posted on the weekend so everyone can spend the weekend reading and absorbing the material.
The package was prepared by my friend and Fellow Foreclosure Fighter Ryan Curtis. For those of you fighting to keep your homes and defend this country in the Middle and Northern parts of Florida, I encourage you to contact my friend Ryan using the contact information below.
That really is one of the things that makes this fight so rewarding is the level of professionalism and selfless sharing that occurs among the many dedicated attorneys that are fighting to protect homeowners and defend our courts all across the state. Unlike so many other areas of the law where attorneys jealously protect their work so that other attorneys cannot benefit from the very real investment of time that is spent in researching and preparing the work, the attorneys that draft these motions and share the research that is posted on here share it generously so that the larger community benefits.
We’re all in this together and if we somehow manage to make it through this mess we will have many good people (attorneys and layperson included) to thank for contributing to the fight!
is it not illegal for an attorney to sign a mortgage assignment as a MERS VP BAC HOME SERVICING…always and especially when their firm is representing BAC in a foreclosure case?
Brian,
Excellent information, thank you.
Kelly
dny & Zinger ,
Yeah Monostori is definately suspect ,, several states away ,, missing days … page one date blanks filled in by a different hand than the page 2 data and the fact that everything on page 2 could have been incorporated into page 1 (but wasn’t) leads me to believe that they were executed in defferent states at different times , seperated into 2 pages for their convenience.
On second look the 2nd page makes absolutely no sense , if he was in front of her and the document was created in front of her why would it be left as a fill-in / strike-out document? Why is the STATE a fill-in? The COUNTY? Why not have it correct as printed? And why would she have extraneous information (id’ing herself as a notary and having her commission information) printed out when that information is included in her notary stamp…. sure looks like it was mailed to her…
http://www.scribd.com/doc/36530842/MOSES-HALL-ATTORNEY-MABRY-V-ORANGE-COUNTY-RE-2923-5-HIRED-TEMPORARY-RESTRAINING-ORDER-APPLICATION-WITH-POINTS-AND-AUTHORITIES-AND-DECLARATIO
THESE PEOPLE ARE SO BAD I HAD TO GET HELP.
BRIAN
I am trying to help the homeowners in this action. I’m not an attorney, they are doing this pro se. I’m just following the information I’ve gathered from pleadings on this site. The motion above is the one they have filed in response to the homeowners MOTION TO VACATE FOR LACK OF SUBJECT MATTER JURISDICTION filed 24 hours before their home was to be sold. The Judge stopped the sale.
These attorneys sent the case over to another law firm, STINSON MORRISON AND HECKER to respond to the pleading. He also signs after his signature ATTORNEYS FOR BAC HOME LOAN SERVICING.
My questions is this. I know they are participating in subterfuge, what they are doing is illegal, cases are being thrown out all over the country, and I’m currently fighting a MERS case of my own in the same county for Michael A. Fisher VP Default Servicing of First Horizon signing as VP MERS assigning my mortgage to Metlife. Idiot.
Should I enjoin the Stewert’s case and two other similar MERS fraudulent assigment cases in Kansas with the case I’m fighting? Mine is in discovery and I’m fighting foreclosure, they have been foreclosed upon. Two are in my county, two are in two other counties. I’m sick of MERS, and I’ve got the Kansas supreme court decision, and original notes with MERS absolutely no where on them.
What do you think? Am I oversimplifying to say the very least?
This really is getting laughable. Apparently Kansas has no requirement for corporate seals? The Monostori notary acknowledgement is a particular gem.
I love how their affadavit was not notarized… Until many days later …. so is it in the presence or not. The document had slashed date and no initials, the document of officers had one signature that was not dated. The recording request was dated 12 slashed 14th…Recived and recorded on the 16th however the electronic recording on the botttom right shows it recorded on the 18th. *at least that is what I see (exh 3)
I guess I am probably missing what youare seeing since I am just a layman.
TO HELP IS IS CALLED COMINGLING OF FUNDS
WE NEED TO CONCENTRATE ON COMINGLING OF FUNDS
BofA and BAC are hard to decipher. They have created layers upon layers of separation and various departments to create impossibilities beyond belief… during discovery and research.
MR. Garfield. I would please love you to start a tab on your blog for BofA and BAC.
Side Note: BofA and BAC have told me five different entities own my loan in various QWR responses, they 100% have no idea what the left hand and right hand are doing!