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COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE

EDITOR’S NOTE: THIS SUBMISSION FROM NJ CONSUMER IS A LITTLE DIFFICULT TO BREEZE THROUGH, BUT IT CONTAINS GOOD RESEARCH AND GOOD QUESTIONS.

At least one point emerging from all this information is that the basic concepts of default, performing loans and non-performing loans have been perverted by the securitization hoax. If Wall Street’s intention had been something other than deception, all of this would be clear as a bell. But what they were looking for was a way to take money from investors and not give it back, take houses from homeowners and not account for it, and take taxpayer money for losses than never occurred.

I have already written about the fact that the bonds given to the investors (actually non-existent, because they were “uncertificated”) contained vastly different parties and terms than the note signed by homeowners. There are several reasons this is important.

The investor/lenders are the only real source of funds and the only people who actually were at risk to lose money if they were not repaid. Somehow Wall Street managed to insert itself as a mere intermediary and actually claim the houses, the debts and force fees on both investors and homeowners that were improper, undisclosed, illegal and unconscionable.

For purposes the bailout, they took the investor loss and claimed it as their own, taking taxpayer money in the trillions to bailout their ailing enterprises. Most investors received nothing out of that money. And for sure, no borrower ever received a credit for money received on their obligation even though the government waived rights of subsrogation against the homeowner. So the debt was paid by the government and the borrower still owed it, making the obligation worth far more because it was being repaid several times over.

For all other purposes Wall Street took the loans receivables as their own without ever having advanced any money to the borrowers or to the investors for purchase of the obligation. In order to keep the investors placated they made sure the investors continued to get paid regardless of what was really happening with most of the money. They did this first, by using the investors own money to send them payments as though they were from borrowers. That is a fact and it is right in the prospectus of most “securitized” pools (which contain nothing of value).

They did the same thing with insurance, credit default swaps, cross-collateralization payments, over-collateralization payments, etc., and sold the same borrower obligation several times over (as much as 40 times over) by changing the apparent terms of the loan to look like another loan, or by covering the “sale” with language that made it look like a hedge product, like a credit default swap, synthetic CDO, or insurance. In each case, the money was received, sometimes courtesy of the U.S. Government, under an express waiver of subrogation, which means that the payor agreed that this payment ends the matter.

The loss was covered by an actual payment of money but neither the investor/lender nor the homeowner/borrower was ever given the information to allocate it to their bond or note or obligation. But so far, the Banks have succeeded in covering this up. So far, neither the investors nor the borrowers have fully realized that they are entitled to an accounting for ALL money transactions relating to the investors bond and the homeowners loan.

The reason is simple. As for the investor, they don’t want to pay the money to the investor and they don’t want the investor knowing how much money was made using the investor’s partnership (REMIC) in name only. As for the borrower, they don’t want the borrower getting credit for what the investor did or should have received as a result of the payments that were due under the bond. This would defeat the ability of the Wall Street to treat loans as being in default when in fact they were either paid in full or paid ahead.

Thus far, the banks have succeeded in directing the attention of the courts, the lawyers and the pro se litigants to the very narrow accounting provided by servicers as to the payments made by ONLY the borrower. When the time comes that the government payments, the insurance payments, the servicer payments, the counterparty payments, and the proceeds of other credit enhancements are taken into account, the picture will change. It will be obvious that virtually none of the amounts demanded in foreclosures, none of the amounts shown in the end of month statements on loans, and none of the distribution reports to investors were true, correct or even well-intentioned.  

by Consumer in NJ

Maybe you don’t understand the point of the cut/pasting of the original 11 bank credit facility who started this mess connecting Lawyers Title Corporation, LandAmerica, Commonwealth, TD Financial Services, etc.

In good faith, I’ll continue sharing good information. I’m a researcher not a blogger. I’m a consumer harmed finding loopholes that harmed the economy transaction by transaction. What are you doing in good faith? Anyone who is a consumer not a blogger who understand and wants to be the ghost writer fine meanwhile I’m not seeing in the bulic domain the information I’m sharing that is important to how the economy harmed by money laundering a crime against the nation collective acts intentional collaboration, collusion methodical movement of cash right out of the nation c/o Mortgage Servicers affilaites of national banks. Thank you Office of the Comptroller of the Currency Hawke, Duggan, and who is the new guy? .

You need an attorney who knows the law. How are you going to know if you have a good attorney? How will you ask educated questions if the attorney has fiduciary interests of others ?

RED FLAG, attorney who promises you a loan modification connected to REO Lender’s reo broker, lender, dealer agaent affilaite beneficiary of the subservicer, robo-mill default lenders ?

RED FLAG attorney who says you don’t have to pay anything upfront.

Foreclosure was scary until Foreclosuregate. What is scary now is what Congress and the President, has not done about the OCC and CFPA c/o Federal Reserve.

What you don’t understand will hurt you.

We all proved that we are stupid people who signed stupid contracts. The Court will say a prudent buyer beware.

Obligor (Seller of loan) on your behalf signed mortgage backed note separating at time of ‘purchase’ of financial product the note from the debt. The Servicer c/o Purchaser sold back servicing rights takes possession of pledged asset cash of promissory note borrower co-signed.

The Tempory Lender recorded as the only document ‘Mortgage/Deed of Trust’ proves we did not understand that the ‘TRUST’ Cash paid by Purchaser separated the Note and DEED at time of purchase of ‘mortgage’ a financial product placed into public domain.

Alert all you whippersnappers signing the same documents today, ask for access to all of the related governing agreements between Seller and Purchaser, Obligor, Beneficiary, etc.which were intentionally witheld by the Obligor from all who come before you. Make an educated decision that its ok your property deed and note are separated..

The Obligor has the OBLIGATION to pay all principal and interest payments on a debt. We are the debtor c/o Obligor who allowed affilaites as third parties to Sell Loans purchased by …

Because you did not seek a copy of the Obligor’s contract and Agreements Sale & Serive Agrement, Loan Purchase Agreement, etc., and now don’t care to review agreements available on the public domain SECINFO . Com, and FFIEC . GOV Federal Reserve System reveals how the money moves to/from Parent Chase Manhattan Corporation 1998, 1998 with entity – data processing servicer is the Federal Reserve System Classification – Mortgage Electronic Registration Systems, Inc. (MERS). and all MERS Members then by default c/o FREDDIE MAC shareowner are ‘affiliates’ of national banks Mortgage Servicers (Norwest Mortgage, inc, Americas Servicing Co, Premier Asset Services, Wells Fargo Home MOrtgage, Chase Home Lending, GMAC Mortgage Corp of IA, ….
You don’t understand what I’m taling about. Sorry. Call be happy to help you understand what you don’t know that is harming you, your famaily, friends, neighbors, your municipality, your state and nation.

Keep complaining that you don’t understand. I won’t give up.
I don’t wany anyone to roll over and lose their home through ignorance for if you do you are part of the problem and allowing the perpetrators to continue harm the economy one mortgage at a time. ITts bad enough both Houses of Congress, The OCC, The Federal Reserve, 12 Federal Home Mortgage Loan Corporations, FHA, HUD, and they pulled over federal taxes from you for the Consumer Financial Protection Agency who all protect government interest of only GINNEMAE guaranteed loans and self interests of all private wealth institutional bankers and institutional investors. Do you think the FEDERAL RESERVE is the ‘Central Bank’? Nope sorry its not. Do you thing the FHMA lawsutis protect non-conforming loans NOPE does not.

In default, you do not lay down like a dog because your scared.
You don’t have to listen to some REO broker quick move into an apartment
Does the party standing before the court Plaintiff have the right as note holder in due course to take the property. That is all a foreclosure is.due to default (hardship) (loss of job) (sickness) (divorce) all the top 5 stressors in life. My intentions as a consumer harmed to help reveal the loopholes which harmed our economy.

The Agreements governing your mortgage did not start and stop the day you signed the mortgage promissory note.

By the way the Temporay Lender aka Seller of the Loan already authorized the loan and ordered the cash from a purchaser before you signed the promissory note. WHich means legally the loans was already signed and you are a what co-signor?

The harm to the economy methodical c/o money laundering. Corportions are perpetual entities, whose assets include, contracts, agreements, registration statements, T-1 Indenture, Trusts, etc., assets as receivables think of it like if you die and had money a house a busienss a car, another house, another buisness. How would the estate be assigned a value? The business a value? That may help you understand the one loan combined with all loans 2003-2008 which harmed the economy by laundering cash right under the noses of each federal regulatory agency c/o OCC.

2. Seller is sole owner of Loan
Seller has authority to Sell, transfer and assign the same …(see manual not attached)
Seller attests there has been no Assignment, sale or hypothecation thereof by Seller
except the usual hypothecation of the documents in connection with Seller’s normal banking transactions in the conduct of its business.

Hypothecation new word: (for me)

What Does Hypothecation Mean?
When a person pledges a mortgage as collateral for a loan, it refers to the right that a banker has to liquidate goods if you fail to service a loan.

The term also applies to securities in a margin account used as collateral for money loaned from a brokerage.

You are said to “hypothecate” the mortgage when you pledge it as collateral for a loan

New Word: Rehypothecation:
When a broker pledges hypothecated client owned securities in a margin account to secure a bank loan. Rehypothecation also known as a margin loan. Related terms (Banking, Brokers, Pledged Asset, Hypothecation.

Pledged Asset

What Does Pledged Asset Mean?
An asset that is transferred to a lender for the purpose of securing debt.

The lender of the debt maintains possession of the pledged asset, but does not have ownership unless default occurs.

A pledged asset is returned to the borrower when all conditions of the debt have be satisfied.

Home buyers can sometimes pledge assets, such as securities, to lending institutions in order to reduce the necessary down payment. Thus, these securities would not have to be sold in order to meet the down-payment requirements, allowing for any capital appreciation while maintaining the associate mortgage benefits.

Related terms Capital appreciation; Collateral; Default; Hypothecation, Loan, Mortgage, Rehypothecation …
Bonds, Fixed Income, Personal Finance

WHAT ABOUT ‘Sub-Sovereign Obligation – SSO”
What Does Sub-Sovereign Obligation – SSO Mean?

A form of debt obligation issued by hierarchical tiers below the ultimate governing body of a nation, country, or territory. This form of debt comes from bond issues and is issued by states, provinces, cities or towns in order to fund municipal and local projects.

Also referred to as a “municipal (muni) debt obligation”.

This form of debt obligation is commonly created by municipalities in order to meet funding requirements. Issuing bodies are responsible for their own debt issues, which can carry significant risk depending on the financial health of the municipality.

WHAT ABOUT ALL THOSE ‘NIMS’ IN REMIS? Hmmm. Relate back to the ‘cash’ taken out of ‘TRUST’ custody of a pension fund or municipality, c/o Non-Deposit Trust Company Non-Member ‘cash’ purchaser ordered by ‘seller’ originator deposits ‘cash’ c/o depositor individual bank closing agent, …for a new Loan.
If existing loan is placed in default and not really paid off (during a refinance) there are a lot of ifs, but the loan can be placed in forced default over 90-120 days and repurchased depending upon ‘agreements. What does your agreement say? Read a simple one from 9/24/1998 re Countrywide Purchaser and E-Loans Seller (Originator). Google Purchase.
A debt collector robo-firm c/o subservicer instructed by Servicer c/o Investors/Owner of ‘mortgage note’ Pleged Asset

Trying to take your property. How? What in writing gives them the right to attach the debt to the Pledged Asset?
Master Servicer ‘agreeded’ in REMIC SERVICER who purchased servicign rights was in control after 90 days.

A 90 day default common for REMICS, there are other defaults that can occur between buisness entities seller and purchaser.

If mortgage affixed a MIN# that affiliate of a national bank’s Mortgage Servicer did not register transactions at RETAIL with County Clerk/Recorder because the ASSIGNMENT/Mortgage Promissory Note borrower signed with Temporay Lender is the Assignment, statutory taxes paid by borrower for credit line increase in a documented called a mortgage promissory note like an amendment to the exisint mortgage if a refiance – a loan modiifcation.

MERS MEMBERS by default are automaticfally affiliates of a National Bank’s Mortgage Servicer. Keep in mind the OCC since 2003 has protected all MERS MEMBERS c/o Federal Reserve private wealth managers who assigned visitorial powers c/o Supremacy Clause trump State Attorney Generals trying to enfoce laws can’t secure evidence related to any transactions ‘cash’ attached to ‘Mortgage Servicers affilaites of national banks. Chase Bank NA all MERS MEMBERS affiliates of natioanl banks Chase, Wells Fargo BanK NA, GMAC Bank c/o NASCOR dba Wells FArgo Asset Securities Corp. That is one joint venture governing loan originated c/o affiliates of these banks may do business in the names of these banks and the depositor ‘Wells Fargo Asset Securities Corp’….

Every rolling 12 month period, the ‘debt’ serviced, the servicer posts asset ‘receivables’ for 12 months…

Select Servicers maintain huge portfolios of many loans.
The servicer may have made an agreement to pay the P&I pending sale of REO property c/o subservicer for example GMAC Mortgage Corporation who will advance funding as a Tempoary Lender c/o REO Lender of Premier Asset Services affilaite – who is that? an affiliate of a Mortgage Servicer of a national bank, Welsl Fargo Bank NA. Hmmm.

You need to understand what was once illegible to me the agreements and decphier the relationship to secure evidence and to figure out if documents you have are accuate business statements you can pursue through the courts seeking disclosure of the agreements that govern the transactions.

if you want ‘evidence’ there is NO one answer fits all.

You each have a ‘Loan’ 0123456789 that went through an ‘origination’

During that origiantion, a purchaser and seller’ depending upon the governing agreement, exchanged cash. The written agreements provide the ‘agency’ authority. Look for your evidence. Look for loopholes. Find ‘evidence’ or you’ll lose.

Go back — go back — go back and find the original agreements.

1998 is a good place to start, when the integrated networks in place for Origiantions already existed and operating, over the CLOUD, portals connecting bank closing agents, title and settlement agents, MERS Members, TD Servicers, First America, Fideltiy, DocX, LPS, LSI, eLynx, etc., and all of the robo-firms in agreement with all the sub-servicers, servicers, ….

Example: Lawyers Title Services bank closing agents, title agenies, virtual notary services c/o title and settlemetn agencies, etc.

Select a simple one where you don’t have any paradigmns and read and you’ll understand better. Your preconceived ideas divert and hide the truth.

MERS exists c/o Chase Manhttan Corp as Parent of Mortgage Electronic Systems, Inc. Yes you read correct. What does that mean? The ‘joint venture’ between FREDDIE MAC, Chase, WFC, GMAC (private). The dollars ‘income’ flowed to Chase c/o Mortgage Electronic Registration Systems, Inc.

All MERS MEMBERS by default ‘affiliates’ of national banks, federal associations, federal savings banks…..by 3/13/2000 when Financial Holding Companies now parent money flows through Federal Reserve System in light of day between ‘Real Estate Industry’, ‘Insurance Industry’ and ‘Banking Industry’.

Google Purchase Loan Agreement
Select
Example:
Loan Purchase Agreement
Countrywide Home Loans Inc.
E-Loans Inc.
9/24/1998

‘LOAN PURCHASE AGREEMENT’
9/25/1998
COUNTRYWIDE HOME LOANS, INC, A NY CORPORATION AS ‘PURCHASER’ OF LOANS FROM E-LOANS ‘Seller’ Originator

E-LOAN, INC. A CALIFORNIA CORPORATION ‘SELLER’ OF LOANS

COUNTRYWIDE AGREES TO PURCHASE LOANS SECURED BY REAL PROPERTY WITH SERVICING OF THE LOANS FROM ‘SELLER’ E-LOANS

COUNTRYWIDE CORRESPONDENT LENDING DIVISION LOAN PURCHASE PROGRAM

PARTIES AGREE:Seller & Purchaser

“Related terms’ Collateral, Loan, Mortgage, Pledged Asset, Rehypothecation …

1. ELIGIBLE LOANS SELLER MUST BE APPROVED QUALIFIED AND/OR LICENSED TO ORIGINATE SUCH LOANS – so we can assume E-Loans has affiliates who are qualifed in all 50 states.

-Loans sold include
Conforming Conventional (GINNE MAE), Jumbo…not guaranteed by Ginne Mae,, Second Mortgage Loan Program (what is that resale of purcahsed loans after 120 days?), etc. Each defined with a unique set of rules.

GinneMae the only government guaranteed loans regulations govern conforming loanos conforming loans, and all non-conforming loans are considered Alt-A Loans (1) missing GSE requirement (no income verification). How do you know if your loan was conforming or not? Ask? Secure discover and find LPS ‘Non-Conforming’ printed on reports.

Whether conforming or non-conforming all of the loans from Sellter will be purchased by purchaser Countrywide in accordance with this Loan Purchase Agreement, and manual not attached herewith, that you get only if you are an affiliate, member, subscriber, vendors, servicer, whatever.

Have you read your agreements that govern the loan you signed as borrower? It was signed before you signed by the Seller who issued the insurance c/o Temporay Lender, the commitment to issue cash or accept cash, insurance for the event of a default. A default in some agreements may be the interest and late payment fee’ after 90 days if not paid places the loan in forced default. You know how they sent back checks for partial payments the servicer refused to take anything but the total amount owned? Why not take some? Because once 90 days in default, the loanos may be resold and repurchased.

Do you know what the Seller is responsible for? Look at a real agreement and look up the vernacular you don’t understand don’t apply what you think the work ‘lender’ and ‘temporary lender’ mean. And Pretender Lender is not a financial term. Temporary lender is a financial business entity role of some business entity who makes money in 3 different ways. Does not mean all Temporay Lenders do all that.

Countrywide Purchaser of Loans and E-Loans the Seller agree

1. Seller shall fully underwrite each Loan (prior to submission to Countrywide)

9/24/1998 Loan Purchase Agreement refers to ‘must use’ if avaialble’ a Countrywide-approved automated-underwriting system for underwriting the loan.

2. Commitment to Purchase Loaons
Seller may commit to sell a Loan to purchaser Countrywide (refer to manual we don’t have)

Countrywide will confirm conditions of sale of Loan to Countrywide, deliver confirmation Commitment to Seller, set for terms of transaction, Countrise ‘purchaser’ will pay for each Loan (refer to manual affects Purchase Price).

Terms of Commitment
Including Purchase Price Effective Period
Seller is approved by Countrywide to sell Loanos to Country wide on a bulk sale basis …
Countrywide and ‘Seller’ E-Loans shall execute Addendum to ‘Loan Purchase Agreement (BULK SALES) which will be attached and incorporated into this Agreement by reference (not attached).

Countrywide has right (BUT NOT OBLIGATION) to underwrite any Loan submitted for purchase

Seller’s repurchase obligations under Section 9 hereof… 270 days later…

Seller delivers to Countrwide appraisal of real estate security for each Loan
Appraisal signed by a qualified appraiser (see manual not attached) prior to Countrywides approval to purchase loan.

4. Delivery of Loan Documents

When is a loan deemed ‘delivered’ to Countrywide

A) if it is received by Countrywide within the Commitment Period

B) if Loan in compliance with Delivery of Closed Loans and Funding Documentation (see manual not attached)

C) Loan has no outstanding conditions that prevent Countrywide from FUNDING purchase. Example: failure to deliver within 120 days of Loan purchased (forward sold) any of the required documentation Countrywide Assessment fee of $50 per month after initial 120 day grace period. $50 if 1 or more documents.
Failure to deliver to Countrywide one or more of the original documents specified in Delivery of Closed Loans (see manual not attached) within 270 days from date the Loan was purchased by Countrywide shall obligate SELLER to repurchase Loan pursurant to Section 7 of this Agreement.

5. Payment of Purchase Price and Seller’s Wire Instructions
Countrywide Purchaser shall after receipt of loan documentation package TILA – HUD etc., deliver the Purchase Price (less any fees or discounts due to Countrwide)

Commitment to Seller
Seller’s wire instructions ‘Order Cash for Loanj0123456789;’ or in accordance with any bailee letter or trust receipt submittted with the Loan 01234567890 (all as determined in the ‘sole’ and ‘abosolute’ discretion of Countrywide.

6. Sellers Obligations, Representations & Warranties
Seller prepresents and warrrants each Loan offered for sale (purchase by Countrywide)

1 Loan documents duly executed by trustor/mortgagor
Loan documents acknowledged and recorded;

each Loan is valid
Each Loan complies with all cirterial (see manual not attached)
Note and Deed of Trust/Mortgage constitute4 entire Agreement between trustor/mortgagor and the beneficiary/mortgagee

There is no verbal understanding or written modification which would affect terms of note or deed of trust/mortgage

except by written instrument delivered

and expressly made known to the beneficiary/mortgagee and recorded if recording is necessary to protect interests of beneficiary/mortgagee.

2. Seller is sole owner of Loan
Seller has authority to Sell, transfer and assign the same …(see manual not attached)
Seller attests there has been no Assignment, sale or hypothecation thereof by Seller
except the usual hypothecation of the documents in connection with Seller’s normal banking transactions in the conduct of its business.

Hypothecation new word: (for me)

What Does Hypothecation Mean?
When a person pledges a mortgage as collateral for a loan, it refers to the right that a banker has to liquidate goods if you fail to service a loan.

The term also applies to securities in a margin account used as collateral for money loaned from a brokerage.

You are said to “hypothecate” the mortgage when you pledge it as collateral for a loan

New Word: Rehypothecation:
When a broker pledges hypothecated client owned securities in a margin account to secure a bank loan. Rehypothecation also known as a margin loan. Related terms (Banking, Brokers, Pledged Asset, Hypothecation.

Pledged Asset

What Does Pledged Asset Mean?
An asset that is transferred to a lender for the purpose of securing debt.

The lender of the debt maintains possession of the pledged asset, but does not have ownership unless default occurs.

A pledged asset is returned to the borrower when all conditions of the debt have be satisfied.

Home buyers can sometimes pledge assets, such as securities, to lending institutions in order to reduce the necessary down payment. Thus, these securities would not have to be sold in order to meet the down-payment requirements, allowing for any capital appreciation while maintaining the associate mortgage benefits.

Related terms Capital appreciation; Collateral; Default; Hypothecation, Loan, Mortgage, Rehypothecation …
Bonds, Fixed Income, Personal Finance

There are 2 defaults going on at the same time with Countrywide

Simple explanation provided by Investopedia

What Does Default Mean?
1. The failure to promptly pay interest or principal when due. Default occurs when a debtor is unable to meet the legal obligation of debt repayment. Borrowers may default when they are unable to make the required payment or are unwilling to honor the debt.

2. The failure to perform on a futures contract as required by an exchange. Investopedia explains Default

1. Defaulting on a debt obligation can place a company or individual in financial trouble. The lender will see a default as a sign that the borrower is not likely to make future payments. For example, if Company XYZ is unable to make a coupon payment on its bonds, the bondholders would place XYZ in bankruptcy. This would give the company an opportunity to claim XYZ’s assets as a form of repayment for the debt.

2. Defaulting on a futures contract occurs when one party does not fulfill the obligations set forth by the agreement. The default usually involves not settling the contract by the required date. A person in the short position will default if he or she fails to deliver the goods at the end of the contract. The long position defaults when payment is not provided by the settlement date.

 

73 Responses

  1. […] THE REAL MONEY TRAIL Posted on September 10, 2011 by Neil Garfield […]

  2. I@John Gault

    If you didn’t read the good analyis of why the banks gave us credit not cash because of your time frame I can understand, but not knowing that I felt why did he bother me when he doesn’t even read it.

    I hope the Judge gives you some hope today.

    I went thru the credit vs. cash issue all by myself and I think it is the way to go to get all these damm crooked greedy bankers.

    For two Federal Judges to understand the issue and then let the corrupt attorneys from the bank pressure them into denying me my Constitutional rights of a Jury trial where the fraud going on at the banks could have been noticed and dealt with, who knows why?

    I think what might have been not only for me but for all those now situated in a similar situation of a bank stealing their property.

    That is why I stick my neck out and give my very definite opinions.

    I am not an attorney , I can’t and won’t give anyone any advice but there is so much information in that Credit River case written by an attorney and a Judge, people have to know those facts to see how and why the whole massive mortrgage fraud happened.

    Even though you are sapped of energy maybe there is still the possibility you’ll have your home, if lost already maybe back.

    I was ousted by the banks scam and so I lost posssession of my two properties but I never gave up and many years later when I went back and opened up the case I have to say the bank had gotten more ethical attorneys and they did admit they made a mistake and auctioned off my two condos without owning them and stated it’s indemnify indemnify indemnify -we are stepping aside and the title attorneys are stepping in.

    And in steps the corrupt attorneys Frank Malone of Fidelity National Title and his partner in crime David K Fiveson of Coronet Title who don’t want to indemnify their clients forged deeds.

    The circle of crooks and racketeers getting bigging and bigger.

    So I think the one way to take apart this whole massive fraud is that we are all united in the origination fraud.

    As for tnharry I wonder who is paying him and what is his interest in this fight.?

    Good luck John. The tides look like that are turning.

    I

    2

  3. marilyn, as I’m fond of saying, “Come here so I can smack you!” I have to be in court in the morning and I dont’ have the luxury of reading today, except what I must.
    After that, I am going to see my family come hell or high water. YOU might be able to imagine all the family get-togethers and functions I have missed. This is year 4 now. My mother is 82 and lives 2K plus miles away.
    Remember back to when YOU were at it 24/7…………………..What did YOUR life look like? Since I have found this website, I spend way too much time here. Can’t help it, I guess. It’s nice to bandy about ideas and
    try to find resolution with others.
    I don’t think tnharry is on the other side; he just doesn’t agree with some of us sometimes, but I appreciate his devil’s advocacy. Hate to sound corny, but his right or anyone’s to disagree is what our men and women fight for. He’s smart – wish he would work at this stuff a little harder, actually. hint hint
    And by the way, while it isn’t really likely anyone is shadowing your computer as you suspect, I wouldn’t put it past any of these criminals. I’m loathe to say that to you lest you get sidetracked with it. Not likely, but like I said, I put NOthing past those people. Today I feel such a sickness over the statistic that 1 in 6 Americans is living at poverty level. Don’t we sometimes wish we would wake up and it was all a bad dream?

  4. @johngault

    Early this morning you said to me , if I could elaborate on the issue of a bank lending their credit, I posted .the Credit River case with findings of facts and conclusions of law accurately written by an attorney and a Judge in regard to Art. 1 Para 10 Cl 1 of our US Constitution.

    That you haven’t said after reading it “, that I see how the banks did not lend us cash but lent us their credit,” makes me think you could be a friend of tnharry.

  5. @nancy drewe

    It is the banking system that caused mine and everyone elses problems, starting with the the origination fraud.

    You have it wrong. 99% of us were given the banks credit and not any cash.

    That the government is not correcting the trashing of the Constitution is a whole other issue.

  6. @johngault

    Why are you doing other things?. Read that site. In the fact finding and conclusions of law and judgment it has all the information you were looking for.

  7. Here’s one for Nancy Drew and MS:

    http://www.scribd.com/doc/64868149/Gmac-2007-Request-for-Advisory-Opinion

    I can’t describe it because it’s mostly over my head, but it looks right up your alley.

  8. @johngault again
    Read the Fact Finding and Conclusions of Law and Judgment.
    and the whole credit issue is laid out.

  9. @johngault

    I tried to copy the 16 pages from the Attorney Daly and the Judges Decision but although I could read it there it was blocked from copying so go now and you will see the credit issue.

  10. @johngault

    The file for this case has been scanned and the documents are available at http://www.lawlibrary.state.mn.us/CreditRiver/CreditRiver.html.

    here is the site .

  11. @johngault
    There are many motions read them all listed below
    River Case Files
    The documents below are PDF copies made from the files of the Clerk of Court for Scott County, Minnesota in the case of First National Bank of Montgomery vs. Jerome Daly.

    1968-12-09 Judgment and Decree

    1968-12-10 Notice of Appeal

    1968-12-11 Appeal

    1968-12-11 letter TRM to HPH

    1968-12-18 letter TRM to HPH

    1968-12-18 Notice of Appeal

    1968-12-19 Affidavit of Surety EM

    1968-12-19 Affidavit of Surety FD

    1968-12-20 Affidavit of TRM

    1968-12-27 letter JD to PF (first page only)

    1969-01-06 Notice of Refusal to Allow Appeal

    1969-01-07 Affidavit of Theo R Mellby

    1969-01-07 Application for an Order

    1969-01-08 Order to Show Cause

    1969-01-15 Affidavit of Prejudice

    1969-01-15? Motion

    1969-01-16 letter HEF to LEL

    1969-01-16 letter HPH to AEH

    1969-01-16 Order Transferring File

    1969-01-17 letter TRM to LEL

    1969-01-17 letter TRM to MVM

    1969-01-17 Notice of Motion

    1969-01-20 letter LEL to JD

    1969-01-20 letter LEL to MVM

    1969-01-23 Findings of Fact Conclusions of Law and Judgment

    1969-01-24 Return to Order to Show Cause

    1969-01-30 Order to make Return on Appeal

    1969-02-07 The Daly Eagle

    1969-02-10 letter TRM to AEH

    1969-02-25 Notice of Appeal

    1969-03-28 letter HPH to clerk of the SCt

    1969-04-15 Order Dismissing Appeal

    1969-06-11 Affidavit of Theo R Mellby

    1969-06-23 Application for an Order

    1969-06-23 letter JCJ to district judge

    1969-06-23 Order to Show Cause

    1969-06-26 Affidavit of Jerome Daly

    1969-06-26 Return to Order to Show Cause

    1969-06-30 letter HEF to AEH

    1969-06-30 letter HEF to JCJ

    1969-07-01 letter TRM to AEH

    1969-07-17 Affidavit for Attachment

    1969-07-18 Affidavits of sureties

    1969-07-18 Surety Bond

    1969-07-22 Order to Sheriff of Ramsey County

    1969-07-22 Order to Sheriff of Scott County

    1969-07-31 letter TRM to HPH

    1969-08-01 Motion to Dismiss Appeal

    1969-08-04 letter HPH to AEH

    1969-08-28 Counter-affidavit of Theo R Mellby

    1969-08-29 Supplemental Return to Writ of Attachment

    1969-08-29 letter TRM to HPH

    1969-09-03 letter TRM to AEH

    1969-09-03 letter TRM to HPH

    1969-09-05 slip opinion In re Jerome Daly

    1969-10-01 Order

    1969-10-09 Affidavit of Theo R Mellby

    1969-10-09 Order to Show Cause

    1969-10-17 Motion for Contempt

    1969-11-04 Affidavit of Theo R Mellby

    1969-11-04 Order Directing Return of File

    1969-11-05 letter TRM to AEH

    1969-11-10 Affidavit of John Mahoney

    1969-11-17 letter JFC to HPH, with copy of foreclosure papers

    1969-12-01 Affidavit of Theo R Mellby

    1969-12-04 letter TRM to HPH

    1969-12-08 letter HPH to AEH

    1969-12-12 Motion to Advance Action to Trial

    1969-12-19 Order Setting Action for Trial

    1969-12-24 letter AEH to HPH

    1970-05-15 letter TRM to JMF

    1970-05-20 letter JFD to TRM

    1970-06-19 Stipulation of Dismissal

    1971-12-30 letter TRM to HPH

    Undated handwritten notes

  12. Marilyn – know how you spent 20 hrs a day researching? i know all about it. I look and feel 80, and I’m not and doubt I ever will be. My stock will go down for saying this, but I wouldn’t do it again, not for all the jewels in the crown. I think I’ve said this before – I’m sorry you had to go thru that. At that time, you were probably particularly alone, no support anywhere, and that made it a very tough deal. You’re tougher than me because it’s been many years for you and you’re still fighting the good fight. So bravo to you – truly.
    Can I make a suggestion? Can you please find that case and the other information, post it somewhere and link it here? That way at least some of us will read it.

    In today’s headlines, there was a deal on bank’s having to figure out how they’d unwind fwiw.

  13. @ johngault

    I still think you should read the Credit River Case just to see the credit issue.

    That the case was vacated to me shows the power of the bankers. I also remember reading the JUDGE WHO MADE THAT DECISION WAS MURDERED.

    It used to be people would deposit money in the bank and get say 2% and then the banks would hold 5% of that amount and lend out the rest at 4% and that is how banks made money, but what the banks were lending out were their liabilities not their assets.

    No one was paying to much attention to that scam we trusted banks but then the banks got creative and started to improvise on that scam., all to our detriment.

    If an attorney takes on an issue that is not popular with the Courts they could end up losing their license and they know that. Looks like that is what happened to that attorney Daly and the Judge didn’t do so well.

    Maybe if the country funded 24 hour protection for an older Federal Judge who is ready to retire and sit quietly on a farm where he would would just read and write and eat ,we could get a Federal Judge to uphold Art 1 Para 10 Cl 1 of the Contitution.

  14. Credit River has been vacated by the Mn Sup Ct and is not precedential:

    http://www.lawlibrary.state.mn.us/creditriver.html

  15. @johngault

    The basis of everyones Federal Petition would be the same, that a bank lent you their credit prohibited by Art 1 Para 10 Cl 1. of the
    Constitution.
    From there we all part because it depends on the facts of your particular case:
    how much money did you put down?
    how big was the loan?
    is it the original bank you signed your mortgage with that is foreclosing?

    You have to make patience and read how the Goldmiths established a banking system. You have to read how banks use their credit pretending it is their assets.

    There is also a case called the Credit River Case. (I think it is 1968)
    I didn’t know of it when I wrote my Petition but I think it explains the credit issue.

    In 1997 I knew every fact and reason . I don’t want to say anything that is not exactly accurate.

    In my particular case my down payments were more than the bank ever lent me in lawful money.

    I didn’t have the money to get a Constitutional Lawyer , I had to read read read 20 hours a day for weeks mostly sitting up in the libraries, cause I didn’t have a computer. and I made everyone nuts trying to find information.

    After I had filed a bankruptcy to try to stop the banks corrupt attorneys
    the Bankruptcy Judge told me to file a 510 motion against a fraudulent creditor.

    Looking that up is how I found this issue of a bank lending their credit .

    If one party in a contract acts beyond the power granted by law, then the whole contract between the interested parties are null & void.
    Ultra Vires.

    Read that Credit River case and look for the goldmiths theory on the internet. You will understand.

  16. marilyn – no, I’m short on patience – and time. Please give us the abbreviated version. Banks get deposits. They are legally allowed to loan a certain percentage. No, I wouldn’t be at all surprised to learn they exceeded that percentage. I don’t think I can convert the excess lending into the note’s no good, if that’s the argument. As long as money changed hands, and it did, there was a loan made, even if the bank is found guilty of going over that percentage by the regulatory agency. Look, I’m not trying to rain on your parade or anyone’s. No one is. You keep saying banks lent their credit which is a bozo-no-no. No argument from anyone here. It’s true: bank’s may not lend their credit. Only questions of how you arrive at that conclusion. Tell me and I’ll hop right on your band wagon.

  17. Nancy Drewe

    Not a buzz-word. Manufactured fraudulent default is real — and exists in entirety. Some other aspect of loan agreement??? You mean false forced forced placed insurance??? Failure to pay taxes?? Fraudulent.

    Technical default??? Fraudulent.

    Nancy — you very well know this is not the case.

  18. @johngault

    I have all my papers in a vault so what I suggest is that you google and read the complete history of the original bankers, the Goldsmiths to learn how banks operate.

    If you have alot of patience you might start examining bank filings on how much they have in the peoples banks deposits and the amount of mortgages the banks write.

  19. @ND – johngaultwhoam@yahoo.com

  20. .Thank you Mr. Soliman. Will do.

    Both — citing and challenging.– while synthesizing individual ‘transactions’ relationship’s inside of ‘Agreements’ and individual transactions and group transactions, which collectively harmed our nation, states, municipalities, neighbors, friends and family.

    Did President Obama really not know before entering office that the Federal Reserve, a private corporation, note due paid under TARP was interest due before he took office? I’m sad he believed he could make a difference. Sadly, he has no influence over Federal Reserve’s Tim. Geithner.

  21. Will do John Gault but need your email 9733473475

  22. @ND – I would love to read a bailment agreement. Send me one?

  23. The fat ugly tapeworm feeds on ‘cash’ not credit.
    The interest sugar feeds the beast the cash not the credit.

  24. But we purchased cash is how the deal went down look at the transactions ‘cash’ deposit – cash deposit – you have paradigm what was suppose to happen what came first cash then credit. Sale of Note, ‘cash’ passed to ‘Seller of Loan’ cash to depositor period. That happened first under 2 agreements Bailee Agreement and Sale & Servicer Agreement. I’m not speaking of law I’m speaking of transactions. Have you looked?

  25. Carie – Manufactured Default is a buzz word.

    Mortgage Servicers affiliates of a national bank.

    Sale of Note. Have you every seen a Bailee Agreement? I’ll send you a copy. Mr. Soliman my mentor, c/o LL, continues to point out the facts you all choose to ignore that put the transactions in order executed by agreement 2 sides ‘sale of note’ and ‘sale of loan’.

    Sorry Gary we can’t use simple words. Its time to use Investopedia and as necessary Legal & Financial Dictionary. Not being a smart ass just being real.

    All Retail Loans in technical default after 90 days.

    What is a technical default: A deficiency in a loan agreement that arises not from a failure to make payments as promised, but from a failure to uphold some other aspect of the loan terms.

    Technical default indicates that the borrower may be in financial trouble, and can trigger an increase in a loan’s interest rate, foreclosure or other negative events. Calling Servicer and telling them you lost your job get ready!

    For example, a real estate co-op can go into technical default if it has failed to keep up with building maintenance and repairs, even though the mortgage is paid up.

    Homeowners with mortgage payments that are current can find themselves in technical default if they fail to pay property taxes or homeowner’s insurance premiums.

    A corporation could go into technical default if it falls short of meeting promised operating ratios, such as the proportion of debt-to-equity, even if it has been making all loan payments as agreed

    Be afraid … be very afraid of HAMP or any other federal government regulatory agency plan impleted c/o Federal Reserve oversight c/o OCC c/o Freddie Mac c/o Fannie Mae c/o FHMA, and authorized (powers vested by Congress House of Representatives).
    which places you into forced default!

    How much is due December of the $14.3 Trillion dollar debt created by the Federal Regulator Agency payroll who works for Congress who has done abosolutely nothing to protect welfare of nation and acted as not donkey and elephants but a horses petard.

    Federal government c/o House of Representatives 435 of them responsible for placing you, your family, your neighbors, your municipalites, small businesses, municipalities, townships, commonwealths, states and nation in grave danger.

    HAMP, government prined more money to pay people who work for owners of the debt – hello does nayone get it yet?

    Government will pay for cost of short term notes in order to what — help debtor liquidate loans;

    For HAMP clearly we’ve followed the transactions and the cash not getting to creditors indeed but not the one you owe money too, no keep thinking and believing in good and that evil won’t touch you now or when homeless on the streets.

    You accured lots of late fees, interest, and are in technical default from first 30 days, starting 1st month 5th day, 1st of month you enter 2nd month shorting payments, which on the 5th of that 2nd month place you 60 days in technical default, and 3rd month by 5th day you are in technical default of 60 days, the robo-firm notified second month 5th day, to begin foreclosure imminient.

    Already considered 90 days late! Servicer gets control under conditions of some agreement including PSA exhibits and Sales & Servicing AGreement, etc.

    Retail performing loans were placed into technical defaults after 90 days in order to be liquidated. The late fees not paid place you in technical default. Any short places you in default. Asking servicer to pay taxes in escrow and short one payment places you in technical default.

    After 90 days, if you pay the lump (sum) of shorts due within 120 days and the amount accurate, including all lates fees, accured interest, etc.and if you were told the correct amount and pay the correct amount should not be in technical default right? Wrong, dirty deed done by 90th day 5th of 3rd month you were late.

    The investor paid in the 4th month, the loan moved to subservicer who will continue to track default c/o Servicer.

    Who do you think that the 4th month big payment went too? Not the Servicer. A hard money lender who was going to get the 4th month cash due from borrower or insurance.

    4th month big payment not given to CREDITOR.

    All the shorts of month 1, 2, 3, you know that reprieve where you felt safe moved ahead the foreclosure. That special forebearance plan, set you up to fail, placed the loan in a technical default reported to the credit bureaus as payee and receivable history. Your loans were thereafter setup to be liquidated, foreclosures moving forward because after 90 days, Servicer has right to ‘whatever the agreements specify – called conditions to take non-performing loans and move to subservicer while Master Servicer collects payments from servicer while loans performing and they will be placed into technical defaults when convenient and profitable for Seller – Servicer who has rights to resell and repurchase for pennies on dollar.The 90 days the servicer has to keep the loan performing who was paid? Not the Creditor!

    Forebearance Agreement consumers thought they were safe because President George Bush said consumers could get forebearance plans so we must be safe right? Get over it.

    The government is protecting the US Treasury not you!

    The money you paid did not go to creditor!

    You were put into foreclosure and the federal government has provedn since 2000 controlled did not help you but hurt you. Those 120 day deals, 90 day pay short amount — 4th month payment entire sum another way for hard money lenders to make a chunk of change. Was it really a test or creative method to secure more cash out of borrower? Has nothing to do with institutional investor, the note paid for held as pledged asset.

    HAMP c/o federal government private industry again insured they will be paid for costs to touch papers and consider modifications.
    Sure sell more insurance to insure transactions.

    Resubmissions guarantee cash paid to paper handlers of HAMP paperwork, lost every 30 days. Or is the resumbission necessary, documents held in black hole in order to place loans into forced default. Why did the HAMP Counselors have to say the paperwork lost resubmit? Everytime consumer resubmits one of those tax HAM forms a third party secures IRS Tax documents of borrower. Every resubmission allows they to go back and back and back and what find who the real owner of the note is? What? Get more IRS tax reports on borrower in order they find ‘assets’ they can attach to like pensions, IRA, 401K, insurance accounts, etc.? For any modification under the new regime and I mean regime will attach to all personal and real property to the debt.

    All data in a database has a purpose; all transactions have a purpose for input and output.

    HAMP a federal program shoudl be a red flag not a security banket for consumers. Know if the President Obama is pushing another federal program its for the benefit of the benefactors the private corporations not the residents of the state. Job program, Republicans what do you know?

  26. Marilyn until you open your mind its not the banking system who hurt you its the federal government you’ll never figure out how to move out of the box you are in and move forward offensively.

  27. “So since the Bank did not have the money sitting in the bank’s account when they wrote the check, what the bank gave you is their credit.”

    I missed any elaboration of this point. How is it the banks didn’t have the money in their accounts when they wrote checks?

  28. What Does Pledged Asset Mean?
    An asset that is transferred to a lender for the purpose of securing debt. The lender of the debt maintains possession of the pledged asset, but does not have ownership unless default occurs. A pledged asset is returned to the borrower when all conditions of the debt have be satisfied. The US Treasury in trouble ‘pledged the gold’ our asset part of our Living Trust per US Constitution, per the bond# affixed to my birth certificate, per the SSN attached to the bond deals related to Social Security. TARP payment was not a bailout it was payment of interest due right?

  29. Great video, eye opening information and scary as well, that interview with Katherine Austin should be watched by everybody not only here in the US, but all over the world.

  30. @johngault

    Below is a description of the origination fraud

    The abominable banking system that is in place today, gives a bank great incentive to foreclose on an Ultra Vires contract, as the bank demands lawful money returned for the unlawful money lent.

    By what Authority are the Banks doing this? There is no authority for doing this. This is in complete prohibition to Art 1 Para 10 Cl1 of our US Constitution.

    All of our cases with slightly different facts all stem from the same Fraud.
    The Bank did not lend you ‘LAWFUL MONEY” but the Bank intentionally wrote
    a “bad check” and gave it to you –to circulate as “money”

    I certainly did not know this kind of fraud was going on when I signed my mortgage and note. Did you?

    The Mortgagor puts up a down payment, the Mortgagor pays a lot of fees and probably paid an attorney to represent them, all in order to get this “bad check”

    Would a Mortgagor have put in all that money, if one knew the truth of how the Banks ran their illegal business. I bet not.

    Did anyone notify you after that big day – the Bank’s check bounced – of course not. When the check that the Bank wrote came back to the Bank that wrote it, the bank didn’t say “we only have 5% , if that much and it was not stamped “insufficient funds” the bank stamped it “paid”

    So since the Bank did not have the money sitting in the bank’s account when they wrote the check, what the bank gave you is their credit.

    That is exactly what is prohibited by Art. 1 Para 10 Cl 1 of the US Constitution.

    What authority gives the Bank the right to make contracts with “bad checks”

    Nothing- Nada.

    “Lawful money” is needed to make a contract valid.

    Over and Over Mortgagors gave a Bank a mortgage on their castle , in return for a Bank giving you a credit entry on their books and charging you Interest on this credit. Also illegal.

    Did the Bank give you lawful money or is that what you got, credit?

    Banks are not allowed to lend their credit- Banks are in the business to lend
    “lawful money” There is not a Bank charter that allows a Bank to lend their credit.

    And as we continued to make monthly payments the Bank collected more money on their fraud.

    You try writing a check when you don’t have funds sitting in your account to cover it.
    You can be sure that check is coming back marked”insufficient funds” You are not allowed to do it and either is a Bank.

    This scam of Ultra Vire contracts caused injury to us, the true homeowners.

    In addition the banks are laundering “bad checks”.

    The Banks violate Truth in Lending Laws.

    The Banks are collecting Interest on money that doesn’t exist. (Lending you 5% and collecting Interest on 95% of thin air)

    And once the Bank gets their Ultra Vire contract going, they start flipping them to MERS, Securitizations , Wall Street, Title Companies etc. there is no shortage of people all wanting to get their piece of the illegal profits.

  31. that was worth the watch. A very astute woman, indeed.

  32. @Marilyn – please do repost. I’d like to see that argument again.

  33. @Nancy drewe

    I didn’t get cash I got the bank’s credit.

    Absolutely prohibited by the Constitution. If you can’t find my posting about how a bank runs their scam when you sign a mortgage and a note I will again put it on again.

  34. “…partly right about sale of existing “note” —- but, the GSEs could not just sell the Note- on performing loans — this would be securities fraud to the GSE security investors. The Note (and it’s receivable stream) had to be falsely placed in default and charged-off in order to sell the “Note” — but, when this happens the Note no longer exists — thus, all that is sold is collection rights to a once existing note.

    You and Neil do not understand that security investors fund the BANK — not the borrowers — there is no direct relationship between security investors and borrowers. If banks are able to sell their income stream, that is an accounting transaction — it is not a “loan” to borrowers. This is why security investors are NEVER the creditor.

    Collection rights transfers are not funded by borrower transactions (ie fabricated refinance). Collection rights are transferred by assignment — not NOTES (which is why NOTES are fake)…the credit enhancers pay cash for collection rights — they use insurance for the purchase of the rights. This is why the subprime was so profitable — the bank debt buyers put up no cash for transaction — but, were then able to profit by the “sale” of the receivable pass-throughs to security investors.. This is also why MBIA (insurance co.) legal action against BOA and others is hugely important.”

  35. And Marily, what the banks gave us was CASH. They took the CASH as deposits. The accrual promise to pay back the cash.

  36. Astoria Federal Savings Bank – did business with who? That blessed them with exemptions as an affiliate of a national bank. Do you have the Bailee Agreement, know who the Bailee or Bailor were ‘Sale of Note’ and ‘Sale of Loan’? The missing payments if not but for the fact of OCC exemptions is larceny. What would happen if you took money that was suppose to go into the attorney trust account? If you are not an affiliate of a national bank you’ll be prosecuted and discovery provided. Else. not.

  37. MARILYN MY POINT PURELY

    Exemptions
    Exemptions
    Exemptions

    Exemptions from what?

    OCC Blessed EXEMPTIONS upon all Mortgage Servicers affiliates of national bank

    Exempt from
    Exempt from
    Exempt from

    Enforcement of:
    Money Laundering Laws (FinCen)
    PredatoryLending Laws (FTC with sanctions)
    Consumer Protection Laws (State AG’s with Jurisdiction)

    What has this got to do with the harms you indeed have suffered?
    Everything!
    What can you do about that?

    IN a court of equity nothing dispute over property does party have standing – note holder in due course.

    In District Bankruptcy Court nothing.

    In State Court? Nothing – protective order will be issued preventing discovery and you’ll be forced in civil procedure to dismiss for their non-compliance and you’ll be accused of abusing court, and when you are forced by civil procedure by a non-compliant plantiff – what will happen? 50/50 Motion to Dismiss with or without prejduice. 2 years of torture, how many thousands of dollars and health issues?

    Out of the box thinking and strategry – find loopholes.

    Living Trust is the US Constitution.

    You and I – We the people have the entitlement to be safe in life and property and yet we are subject to alleged unlawful business acts – criminal prosecution jurisdiction of AG’s. And yet with visitorial powers of federal regulators with oversight Federal Reserve c/o OCC they prevent enforcement of laws.

    Help me draft using the right words seeking Commander-in-Chief of my state under Petition to Redress Grievances Seeking Injunctive Relief for ‘my authority’ 2 senators and congressional representative overstep limited powers.

    Article II Executive Powers – State Governors Enforce Laws and may use Executive Order when welfare of state harmed by negligence of Senate and House of Representatives.

  38. @Nancy Drew

    I want everyone to know that what 98 % of the Banks lent a mortgagor was their credit and prohibited by our Constitution.

    There was fraud in the origination contract and it was an Ultra Vires Contract. And that is what they should be studing reading and fighting about.

    I was all by myself when I had to fight back and hardly anyone would believe a bank would do something that was not legal. except I interacted with two Federal Judges that knew this issue.In those times it was acceptable to side with a Bank. Times have changed.

    If the banks are not willing to admit their massive fraud and give the true homeowners their properties , and the Judges protect our 5th and 14th amendment property rights, we can’t sit like bumps on a log we have to fight.
    Let the banks go under and give us all our 5th and 14 amendments right and protect our properties.

  39. @ Nancy Drewe

    (Continued from my below post)

    Astoria Federal S & L had gotten rid of those corrupt attorneys 8 years prior and the banks new attorney apparently looking at the dates knew the bank never owned my properties (NY is a lien state) and Mr. Arthur Walsh of O’Reilly,Marsh & Corteselli stated in NYSC It’s Indemnify, Indemnify Indemnify – we are stepping aside and the Title companies are stepping in.

    In steps corrupt attorneys Frank P Malone of Fidelity National Title and David K Fiveson of Coronet Title who did not want to Indemnify thier clients who knowingly bought Forged Deeds but wanted to be Intervenors and be heard and what they told Judge Schlesinger was Time makes Forgies Good and besides they had equity

    . Forged Deeds convey no Title and the only equity the title attorneys were speaking of was money under the table for Judge Schlesinger and she took it and ruled against the US Supreme Court case of Elliot v. Piersol.

    Pursuant to Elliot v Piersol these are my two condos.

  40. http://www.cbsnews.com/stories/2011/07/18/national/main20080533.shtml

    “Robo-signing” of mortgages still a problem”

    (AP) “Mortgage industry employees are still signing documents they haven’t read and using fake signatures more than eight months after big banks and mortgage companies promised to stop the illegal practices that led to a nationwide halt of home foreclosures.
    County officials in at least three states say they have received thousands of mortgage documents with questionable signatures since last fall, suggesting that the practices, known collectively as “robo-signing,” remain widespread in the industry.

    The documents have come from several companies that process mortgage paperwork, and have been filed on behalf of several major banks. One name, “Linda Green,” was signed almost two dozen different ways.

    Lenders say they are working with regulators to fix the problem but cannot explain why it has persisted.”

    NICE…They “cannot explain” why…
    Hmmm…gee, could it be…hmmmm…oh, I don’t know…maybe because…UH……IT’S ALL FRIGGIN’ LIE UPON LIE UPON LIE UPON LIE UPON LIE FROM THE VERY BEGINNING—STARTING FROM THE FRAUDULENT PAPERWORK WITH MATERIAL OMISSIONS WE SIGNED WHEN WE THOUGHT WE WERE GETTING A “REAL” MORTGAGE??????????????????

  41. @ Nancy Drew

    The foreclosure fraud against my two NYC condos started by a Bank Fidelity NY FSB hiding four mortgage checks (two on each property)
    faking a default in order to accelerate at what I subsequently found the purpose to be was to demand lawful money for the unlawful money (credit) lent The State Judges would not stop the fraud.

    I filed a Chapter 13 to try to stop the corrupt debt collector attorneys
    Mullooly Jeffrey Rooney & Flynn from stealing my properties. In bankruptcy court when the Hon Cornelius Blackshear told me to file a 510 motion against a fraudulent creditor I found the issue of Art I Para 10 Cl 1 of our Constitution

    The Hon Cornelius Blackshear told me to file a Federal Petition upon Federal Question with all the secus details.

    On May 8 1997 I filed the Petition. The Hon Louis L Stanton read it, accepted it for filing , sent me to the Federal Clerk to pay my fee (I demanded a jury trial) and get the case docketed. The next day I filed a copy of the Petition in the country clerk of State Court and that act effects the removal and the State SHALL NOT PROCEED NO FURTHER UNLESS AND UNTIL REMAND

    The Hon. Louis L Stanton issued his first orders for conference pursuant to Fed Rules and made a directive I write a letter to the
    Bank and demand a money settlement. (by thsi time Fidelity had gone under and Astoria Federal S & L became Successor in Interest)

    Unbeknownst to me the state court did not stop and the corrupt attorneys MJRF worked on getting a state judge to sign the two judgments of foreclosure while the case was under federal jurisdiction.

    Almost three months into the case these corrupt attorneys apparently pressured Judge Stanton to remand the case claiming I had a Montana Militia mentality and that I wanted to change the banking system.
    Judge Stanton remanded the case and the Federal clerk sent the certified notice of remand on July 29 1997.

    (The case was under Federal jurisdiction from May 8 1997 thru July 29 1997 and the void ab initio judgments of the state court were signed June 30 1997.)

    In their corrupt rush to get my two properties they auctioned off my two condos to straw buyers with these ab initio judgments. I told the the corrupt attorney Timothy Rooney this is illegal you cannot auction my properties with a void judgment and he said “who is going to stop us?.

    I was ousted

    I wrote a little book , sent it to Federal Senators, Federal Judges, OTS OCC etc etc etc

    One Federal Judge told me go back to State Court and open up the case . In Sept 2008 I sought two orders to show cause to mark vacated void Judgments ab initio of June 30, 1997 pursuant to the US Supreme Court case Elliot v. Piersol which states:

    Under Federal Law which is applicable to all States, the US Supreme Court stated that if a Court is “without Authority, its judgments and orders are regarded as nullities. They are not voidable but simply void and form no bar to recovery sought, even prior to reversal in opposition to them …

    .

  42. […] Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud Tagged: Bad Debt Reserve, bankruptcy, bonds, borrower, collection agency, countrywide, Cross Default, Debenture Redemption Reserve, Default Risk, derivatives, disclosure, Fixed Income, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, futures, Leveraged Loan, LOAN MODIFICATION, modification, Non-Performing Loan, Personal FinanceRelated Terms, principal, quiet title, Redlining, rescission, RESPA, securitization, TILA audit, trustee, WEISBAND Livinglies’s Weblog […]

  43. EXCELLENT VIDEO WITH CATHERINE AUSTIN FITTS—AN ABSOLUTE MUST WATCH!!

    Video is almost an hour long but well worth sitting through…thank you for posting it…a LOT of VERY IMPORTANT information in there—from a former Assistant Secretary of Housing—WOW!!

    So, that’s what some of you guys are—attack poodles!

    Oh, well, I’ll just keep posting the truth—thank God for the internet!!

  44. A bit too vehement for me. Please back up your assertions with numbers and sources and mind your punctuation in order to certify your meaning. I’ve been hearing these accusations for years but our standard of living keeps climbing. How can this be? We lack an uncompromised media capable of honest foresight to protect us from axelrodding puppet obamanations and their attending goons.

  45. EXCELLENT VIDEO & TRUE
    WE NEED TO ACCESS 3100 COUNTIES AND DECENTRALIZE
    WE NEED TO PROTECT THE ‘LIVING TRUST’ OF THE U.S. CONSTITUTION AND PRESERVE BLOOD, AND DEPRIVE THE BIG FAT TAPEWORM OF PROFITS. WE THE PEOPLE DON’T NEED GLOBAL BANK.

    EACH STATE ENGINEER HOW TO MAKE ME MONEY AND DEPRIVE THE TAPEWORM

    WARNING – DO NOT FEED NATIONAL BANKS
    DEPRIVE FEDERAL RESERVE BENEFACTORS PROFITS.

    WE ARE SHEEP LED TO SLAUGHTER FED FALSE INFORMATION BY YOUR OWN GOVERNMENT.

    THE GOVERNMENT CONTROLS WHAT YOU BELIVE IS ‘GOOD FOR YA’

    OUR ‘SOVERIGN’ PEOPLE IN THE NATION BENEFITTED FROM ‘PROFIT SHARING’ WITH FOREIGN ENTITIES DOMICILED IN US IN ORDER TO LAUNDER CURRENCY FROM SOUTH AMERICAL FINANCIAL EXCHANGES THRU US FINANCILA EXCHANGES TO UK FINANCIAL EXCHANGES TO ….

    DON’ FEED THE BEAR OR THE BEAR WILL EAT YOU!

    THINK FOR YOURSELF. HOW MANY CONSUMER FELL FOR YOU CAN AFFORD THIS LOAN BELIVED ONLY BECAUSE WE WERE TOLD THOSE WITH MORE KNOWLEDGE KNEW WE COULD AFFORD THE NEW LOAN.

    THE FACT OF THE MATTER IS TRUE THEY KNEW WE COULD NOT AFFORD THE LOAN IN 5 YEARS.

    YOU ARE. ENCOURAGED TO DO THINGS THAT MAKE MONEY FOR NATIONAL BANKS WHOSE OWNERS ARE OUTSIDE USA.

    WE GOT POORER MAKING MORE BUT MAKING LESS FOR WHAT WE ARE BORROWING PAID NATIONAL BANKS THEIR PART OF THE PROFIT SHARING PLAN.

    GOLD GONE. WAKE UP. THERE IS NOT GOLD WAS ALREADY USED 1990’S. TARP MONEY WAS DUE! WE’VE BEEN LIED TOO BY THE PRESIDENT’S OF THE UNITED STATES. DO THEY NOT KNOW? ITS POSSIBLE BECAUSE THEY HAVE NO CONTROL OVER PRIVATE CORPORATION NAMED FEDERAL RESERVE. THEY HAVE MINIMAL CONTROL OVER ‘FEDERAL REGULATIONS’ IN WHICH THEY SEEK THE FEDERAL RESERVE TO DO BUSINESS WITH GOVERNMENT OVERSIGHT. FEDERAL RESERVE EXEMPT FROM CONTROL OF GOVERNMENT. 64% OF THE PRIVATE FEDERAL RESERVE CORPORATION FOREIGN OWNERS! HELLO!

    TARP $12 TRILLION -WAS ‘FORCED REFINANCE’
    NEXT PAYMENT DUE WE SHORTED. OPPS.
    TOXIC COMMERCIAL PAPER FINANCIAL SECTOR ISSUED
    NEXT PAYMENT DUE DECEMBER. ITS GOING TO BE A BLEAK CHRISTMAS HOLIDAY SEASON OF GIVING AND THERE WILL BE A LOT OF TAKING OF PROPERTY IF YOU DON’T LEARN HOW TO PROTECT YOURSELF IN COURT OF EQUITY – FROM THE BEAR ! THE PARTY DOES NOT HAVE STANDING. THE NOTE WAS BIFURCATED JUST AS MR. SOLIMAN SAID.

    1996 THANK YOU FORMER PRESIDENT CLINTON OWNED BY FEDERAL RESERVE – RULES CHANGED HOW CAPITAL FLOWS AROUND WORLD. REASON WHY CHEMCIAL BANK & CHASE MERGER 1996; WELLS FARGO HSBC TRADE BANK 1996; NORWEST CORP & GMAC & CHASE ‘1996’ NORWEST ASSET SECURITIES CORP. ETC.
    JUNE 1998 – WELLS FARGO BANK NA C/O TRUSTEE WILMINGTON TRUST
    1998 – ALIGNMENT OF MERGER OF TWO CORPORATIONS ‘NORWEST CORP & WELLS FARGO & CO’ BOTH SURVIVED. THE FORMER REGISTRATION STATEMENTS OF NORWEST CORPORATION ARE ACTIVE.

    WE HAVE BEEN ‘MULES’ USED TO PUMP UP US ECONOMY – AND AT THE SAME TIME FLATTEN ECONOMY –
    CHANGE WHO IS THE OWNER

    5 TRILLION IN DEBT

    OWNERSHIP OF WEALTH IS IN HANDS OF SMALL # OF PEOPLE -ROTHSCHILD – ROCKERFELLA…. C/O CORPORATIONS THEY OWN C/O CEDE & CO NOMINEE DTC

    CASH MOVED OUT OF NATION WITH EVERY ‘DEPOSIT’ OF EACH CONSUMER PAYCHECK, EVERY AUTO 401K DEPOSIT C/O CORPORATIONS IN TRUST OF ‘CORPORATION TRUST CO’ MOVES CASH OUT OF US. LOTS USED TO BUY GOLD NOW STOCKPILED OUT OF US.

    WE ARE FISCALLY GOVERNED BY PRIVATE CORPORATIONS

    WATCHING LIABILITYS BE SHIFTED INTO SOVERIGN GOVERNMENTS – GREECE – YEP!

    CORPORATIONS GET ASSETS
    GOVERNMENT GETS LIABILITIES

    SHIFT ALL MONEY IN PENSION FUNDS
    PUT BACK PHONEY BALONEY PAPER
    SHIFT OUT SOCIAL SECURITY FUND
    ONCE ALL SHIFTED OUT
    LEFT WITH PROMISES

    GLOBALIZATION

    Y2K-POPULATION OF AMERICANS CHANGE ADAPT TO CHANGES AND BENEFITTED FROM PROFIT SHARING

    HOUSING BUBBLE MOVE MONEY OUT
    MORE DEBT
    FEWER SMALL BUSINESSES
    FRANCHISES TAKEN OVER
    TIME NOTICE TOO LATE

    ENCOURAGED TO TAKE ON DEBT .. DID NOT KNOW WE COULD NOT AFFORD.

    GOVERNMENT KNEW WE COULD NOT AFFORD.
    WILL LOSE JOB STATISTICALLY PROBABLY
    FINANCIAL INSTITUTION MAKING LOAN KNOWS IT
    TAXES RISING, STRATEGY ALWAYS WORKED
    NO DOWN PAYMENTS, I ENCOURAGE YOU TO DO IT

    UNDER LAW – IF I KNOW SOMETHING ABOUT FINANCIAL SITUATION THAT YOU DON’T I DON’T DISCLOSE THAT IS ‘XXXX’

    FRAUDULENT INDUCEMENT
    ENCOURAGE TO TAKE DEBT
    MATERIAL ADMISSION
    FORMER SECTETARY OF HOUSING
    1996 FORWARD FRAUDULENTLY INDUCTED

    REALITY – SOLD OUT PENSION FUNDS AND IF WE CAN’T PAY OFF WHAT HAPPENS TO RETIRMENT SAVINGS

    2006 SPIRITAL FRONTIERS
    CONFERENCE HELP SOCIETY SPIRALITY
    HOW THE EMONEY WORKS

    LIQUIDATING WEALTH OF PEOPLE – NEXT IN PROGRESS – HEALTHCARE –

    GOVERNMENT USING GOVERNMENTAL AUTHORITY TO FORCE ‘CARTEL’ MORE PROFITS INTO ‘HEALTH CARE INDUSTRY’

    HEALTHCARE PROBLEMS. HUGE BANKRUPTING INDIVIDUALS. INDIVIDUALS CHARGED 8 TIMES THE AMOUNT OF THE CORPORATION WITH LIABILITY C/O INSURANCE.

  46. Fraudulent inducement

    Excellent video: Catherine Austin Fitts : Deliberate Implosion of the U.S. Economy

  47. You cannot read “The Real Money Trail” without also watching this video:

  48. Mortgage Database Proprietary Files:

    “Freddie Mac is the compliance agent for non-HAMP servicing/foreclosures. Non-Hamp means not Freddie/Fannie loan. All the data is considered “proprietary” — by an agreement between Treasury and Freddie in 2010 — all information compiled in a mortgage data-base — that is proprietary and cannot be revealed.

    …look for NJ case — In matter of foreclosures — in which Freddie refuses to divulge info to the court because of the Treasury agreement — and that the information in proprietary. “

  49. This is incredible, my son and his wife lost their home and they had to go bankrupt we sent them the request questioniar they sent back a copy of the loan agreement and nothing else. They refuse to answer any of the questions, and I know they screwed my kids out of thier house. Having no money to hire a lawyer what can I do?

  50. entity attempting to foreclose cannot produce conveyance of payments to—and/or balance sheet that fake “mortgage/loan” lies on…Hello?

  51. manufactured default==false default…

    “Homeowners were in false default — before they even signed on dotted line for so-called “refinance.” Actually, just a modification of collection rights to “dumped” GSE loans.
    So — did GSEs know that there were fabricated defaults??? Why would they “sell” collection rights to loans they owned — rather than foreclose??? Because, they would then purchase the fraudulent “MBS” securities that contained cash pass-through on the collection rights from the banks. And, the GSEs could earn a higher return on these fabricated MBS — then they could on the loans that they actually owned. When these high interest “MBS” went Kaput — “investment” return collapsed.”

    A Man—payments going to unsecured debt collector masquerading as some entity having standing…meanwhile you sign away your rights on “new” contract—basically they “own” you now…for further “extraction”…

  52. Sadly no point to the madness … residents property subject to unlawful seizure — residents not safe in life and property when State of New Jersey Governor unable to enforce laws c/o State Regulatory Agencies but for the good reason an affiliate of a national bank’s mortgage servicer is attached to the taking of possession of property through deceptive acts.

    Want to live in pursuit of happiness? Claim your rights to the ‘Living Trust’ c/o of citizenship and residency. The US Constituton our inheritiance a Living Trust,

    Do nothing and you have violated the terms of the living trust, your duty as custodian, every resident, in every state of the nation, named beneficiry of ‘living trust.’

    Manufactured default in a complaint in a court of law – what will that get you? NO STANDING in a Court of Equity where merely a dispute over the debt and standing to take property to satisfy a debt limited to four corners of a contract. Hello!

    Headliner in Foreclosure Defense ‘ delay of the inevitable ‘
    third party taking possession of property through alleged unlawful business acts Court of Equity nor District Court over Bankruptcy – DOES NOT HAVE JURISDICTION.

    Fraudulent Appraisals, Teaser Rates, and Manufactured Defaults
    Oct 2, 2006 – To cure what McDonnell terms a ‘servicer-manufactured default’, the borrower must pay the full amount necessary to bring the account current

  53. Where are our Payments going if we do a loan mod or continue with payments. Follow the Bank Accounts. How complicated can that be.

    Point A to point B thru Z.

    NEVER AGAIN

  54. your point MANUFACTURED DEFAULT…. keep going ….

  55. The funny thing is its not a coverup or would not be in the light of day. Its business monkey business. The ‘Agreements’ what the agreements say and good reason the Bailee AGreement and the Cash they changed hands governed by separate agreements – Sale & Servicer Agreement, Purchase Loan Agreement the bifurcation the ‘deposits’ of loans forward sold get it forward sold ‘alternate investments’ c/o Registrant ‘SEC’ Depositor ‘ S-3’ and S-3/A hello how cash may be converted 90 days later into an accrual the note sold 90 days before.
    Deutsche Bank the named party on the Cashiers CHeck passing cash for sale of Note to Auroroa Loan Services in the Bailee Agreement and Deutsche Bank the named party on the Bailee Agreement selling note to SPV Aurora Loan Services.

    The only truth in these matters is the ‘robo-debt collector counsel’ without personal knowledge did process transactions ordered to attach debtor to property during default. Why? They move defaults from Wells Fargo & Chase to ‘GMAC Mortgage Corp’ special servicer who advances funding during defaults.

  56. MANUFACTURED DEFAULT.

  57. They left the debt on the books the accruals of entities who when they fail get bailed out – get it! The money long gone – gold of United States long gone held by foreing owners as collateral! Get it! Reason for TARP.

    Real simple read Bank Secrecy Act

    all deposits owned by and governed by charter of busienss entity c/o Federal Reserve

    All cash Chase admits to investors in 10K report 1996 read it – cash deposits go immediately out of US and they do what they are allowed to do. In order to take cash of US Citizens and US Residents and do business over US Financial Exchanges, they had to domicle inside US in a state. The entity Aurora Loan Services,Inc. the ‘SPV’ of Lehman Securities and Deutsche Bank AG c/o Bankers Trust of California, National Association is the ‘exemption’ all affilaites of therefore henceforth ‘exempted’ c/o visitoral powers of OCC, and Federal Reserve oversight since …….allowed and allows this very day all cash deposits going into lockboxes to continue to be laundered!!!!!

    The harm is daily.

  58. THE TRUTH—AGAIN:

    “There are millions of mortgage loans in valid traditional mortgage-backed securities trusts.. Valid securitizations included mortgage loans securitized into Freddie/Fannie sponsored trusts. Thees loans were compliant as to loan limits, debt to income, risk, etc (although by repurchases now know many F/F loans not valid). The security investors in F/F securitizations are NEVER considered the creditor to borrower. The security investors just receive pass-through of cash flows while the home owners are paying.. The mortgagee to borrower is the originator that sold the loans to Freddie/Fannie. However, there is question that F/F should be the mortgagee because loans were sold then sold to them. Whether or not F/F is mortgagee/creditor — or the originator — the security investors are NOT mortgagee/creditor — and, not either is the trust or trustee — or servicer. Security investors do not sign satisfaction/discharge of mortgage when F/F loans are paid in full.
    When loans in F/F REMIC trusts (also used to be called PCs) —default for 3 months — the collection rights to the loan are “swapped” out (sold) to the servicer. Most of the servicers had agreements with F/F to purchase default loans — this was called “credit enhancement” — a form of insurance that passed any losses on defaulted loans from F/F back to the servicer. Sometimes, F/F would sell these defaults to servicer on an individual basis — and sometimes F/F would wait and “pool” the defaults to sell as a portfolio to either servicer or other “credit enhancer” to their trusts. But, this would NOT affect security investors — as the original trust — with thousands of other performing loans would stay intact. Once the servicer purchased the collection rights — they would sell collection rights at a discount to debt buyer “investors.”
    This is where big problems started – with subprime securitization– 100% of which were refinances. This means at some point, these “refinances” were a prior F/F loan that had been charged-off and removed from F/F trusts. And, when the charge-off and removal occurred — only collection rights survive. Thus, the subprime refinances were simply modifications of collection rights – certainly, they were not a new mortgage — as the subprime refinance originator falsely portrayed to homeowners — because the borrower still owed on the F/F default loan — even though the servicer purchased the default loan from F/F – the borrower still owes — but not a mortgage — only on collection rights. The borrower cannot get a new mortgage — all they were getting was a modification of collection rights to a default loan. Most often, homeowners were not even told they were in default on F/F loan — credit reports would not reveal. And, as the demand for subprime “refinances” increased — servicers started manufacturing defaults to meet the demand.
    The “investors” in these subprime “refinances” — were debt buyers of the collection rights from F/F. And, if there was a subsequent refinance — of collection rights the “investor” may or may not change. There is no dual funding — just because some cash was provided to the borrowers by the “investor” debt buyer — in “cash-out” — does not mean that the securization of collection rights “refinances” — was split. The subprime securization was funded by the debt buyers “purchase” of collection rights — thus, the debt buyers “investments” (hence the word investor) was the money they put up to purchase the collection rights from the servicer — who purchased from F/F — and any additional cash paid out to borrower —— the whole “collection right” bogus loan is securitizaed with subsequent derivative Security Investors receiving pass-through of cash flows. But, the security investors to these (bogus) trusts are NOT the creditor/mortgagee — just as security investors to F/F were never the creditor/mortgagee. And, just as with F/F — once these subprime “refinances” became delinquent — the servicer would advance payments to trustee for security investor pass-through for a certain amount of time — until the servicer deems the loan not collectible — at which point the servicer ceases making advance payments and the collection rights to that loan are also swapped out of the bogus subprime trust. Note — there is no change of security hands with a “swap out” — swaps are contracts –not securities. Securities can only be on current cash flows. Once the current cash flows cease — there is no more security — that is when contract swap comes in.
    Also, note that the credit enhancement mezzanine tranches were funded first — these subordinate tranches represent the right to “collect” on collection rights — and the only funding was the purchase of collection rights. Banks were/are the debt buyers — until they dispose of collection rights to a another party. The upper tranches (falsely rated as AAA to A1 etc.) — thus, the cash pass-through tranches — were owned and kept by the security underwriter subsidiary to the bank. Then, the both the mezzanine and A tranches were repackaged into CDOs — to be sold as pass-through to derivative security investors.
    As to AIG — and any other “security investors” — these security investors — who are different from the debt-buying “investors” — are suing on the marketing of fraud in the securities themselves — that is — that the securities were derived from bogus “loans” — which they certainly were. But, these security investor lawsuits can never directly sue against the borrower — because security investors are NEVER the creditor. These security investors sue on the investment income lost because of fraud — and they sue the bank perpetrators.
    Remember, if security investors are naming themselves as the creditor in foreclosures (which would be false — but assume for a moment that it is valid) — then they are collecting damages by the foreclosure itself. The security investors cannot then go and sue the security underwriter for MORE damages. This would be collecting damages — twice — dual damages.. And, would be fraud upon the courts.

  59. I REST MY CASE WITH WHAT I WROTE YESTERDAY:

    Utter insanity…that’s what happens when you try to cover up fraud—over and over and over…and over again.
    Don’t you get it? All this blah blah blah of fake assignments and notary fraud and QWR’s not being answered and faked documents and bifurcation and MERS crap and endless litigation with banks and Wall Street and investors and SEC crap and “wrongful” foreclosures and no “loans” transferred to the trusts and PSA’s not followed and no mortgage loan schedules and no mortgage loan purchase agreements and servicer transfers and foreclosure mills and chain of title crap and filing a “lost journal” and who owns the note and quiet title crap and attorneys who don’t know jack and on and on and on and on…
    All because a few brilliant sociopathic materialists figured out how to pretend to have real mortgages securitized—but in actuality created securitization of collection rights (ONLY)—on false default debt.

    Just so a few A**HOLES could make a LOT of money.

    And here we are…tons of unsecured debt and everyone in denial.

  60. Marilyn Lane how can you be in court since 1999 over matter and its 2011 over same matter? And why do you spin the same information over and over what are you accomplishing? What is your goal? What is your compalint? What remedy does the Court provide in your complaint? What evidence do you have? Why have you been spinning? You have had to have spent a fortune and expending your good health. Strategry and transctions. What staute of limitation is not expired because you have in good faith been in court the whole time.
    1998 the mechanized organized methodical processing of electronic notes Parent Chase Manhattan Corporation Parent of Mortgage Electronic Registration Systems. 1998 Chase is the #1 in the Finance Univers. Norwest & GMAC partners with Freddie Mac & Microsoft & IBM, c/o TD Servicers did enable attaching cash to loans forward sold loans that would become the revenue stream – the bifurcation as Mr. Soliman taught me occurred between the Bailee Agreement sale of Note and Cashiers Check sale of loan

  61. “For purposes the bailout, they took the investor loss and claimed it as their own, taking taxpayer money in the trillions to bailout their ailing enterprises”.

    This doesn’t make sense. The bankster sold the payment streams on the loans to pool investors, so they got, say a billion dollars. Yes, the bankster is now supposed to make good on the payment stream to the pool investor, but they got the billion dollars out of them, so why would the bankster be ailing? The only reason the bankster would be ailing imo is if the bankster sold the loan to five different pools (now obligated 5 times on 1 loan) and then blew all the money on yachts, private jets, and ridiculous salaries and bonuses. Or, I suppose the same could be true if they had only sold the note once. That billion dollars went somewhere – apparently as described
    and or out of the country in the hands and control of the puppeteer ceo’s and pet officers / employees, like the guy who personally made 4 billion.
    But then, wait a second. The banksters didn’t get those loans for free – they themselves had to pay for them. When Lehman, for instance, bought monster loan portfolios to securitize, they had to fork over some dough. Theoretically, Lehman got more from pool investors than they paid themselves, so their profit was the spread to start with and then maybe some pool insurance, etc. But if they spent money left and right on yachts, private jets, and ridiculous salaries and bonuses, it wouldn’t take long to go thru it. Some households spend 2 dollars for every dollar earned. It’s not hard to see out of control spending at big companies which could burn thru billions in a NY minute. Otherwise, there is no reason for these companies to have been “ailing” (unless they had in fact sold the same loan numerous times).

  62. And so its Nancy Drew’s commentary to a post not a submission.
    If you don’t understand the transactions, shame on you.
    If you are looking for law to win in court and have not requested the evidence shame on you.
    There is no mystery what they did and how they did it.
    Thank you Mr. Soliman. Its you and only you who shared the clues that led me to the Bailee Agreement. Anybody know what a Bailee Agreement is?

    You find my writing confusing because its thoughts typed at 100 wpm to get facts out there. I can’t believe none of you get it. I have the evidence why don’t you.

    But the fact of the matter remains the court is without authority over any of the acts due to exemptions of OCC and Federal Reserve Board as Federal Regulators c/o powers vested by Congress in which all overstep limited powers allowing exemptions from federal and state laws and regulations in place that ‘otherwise’ would have protected all of us!

    Exemptions from Money Laundering FIN Cen regulations are attached to every transaction between – Hellow –

    Deutsche Bank AG
    c/o Bankers Trust of California, National Association
    a National Bank under Parent Deutsche Bank A, under Federal Reserve System, oversight Federal Regulator.

    Guess who Deutsche Bank NA Letter ‘Bailee AGreement’ passes ‘Notes’ to as Sale c/o ‘Agent’ of Alternate Investmenet?

    Aurora Loan Services, Inc. SPV
    Conduit Central Service in Texas all now ‘affiliates’ of Mortgage Servicers c/o national bank!

    Hello anyone listening now?
    Call 973-347-3475
    The only way you can win and stop the alleged unlawful business acts exempted from money laundering, consumer protection laws c/o FTC, and predatory lending c/o State Attorney Generals is to invoke one by one your first amendment right to Petition Redress of Grievances to Commander-in-Chief your Governor responsible to enforce laws to protect welfare of state. If you don’t get this you have not read the US Constitution, and don’t understand the organization of the corporation, the United States Treasury, Your mad because you don’t understand, get madder get angry and prove me wrong and in doing so you’ll learn the truty.

  63. Looks like someone wants to talk in confusion so that those of us that know that the origination fraud of a bank lending you credit and not money is nothing but an Ultra Vires contract – null and void from the start.

    As we follow our Constitution and get closer to the truth , whoever this person is wants us to get distracted.

  64. Becoming more and more an “investor” advocate site here.

  65. I deplore anonymous posts which this long winded recital approximates. It may have value in a post foreclosure and sale analysis of the facts but it lacks the legal authenticity required to apply it to a particular foreclosure unless one possesses knowledge superior to that of the Consumer in NJ in which case all this would be obvious. How can the average reader discover these hidden transactions in a form presentable to a court? It seems to me that expert financial testimony is required to expose whatever chicanery exists here. Neil should point this out to help us avoid wasting time.

  66. TACTICAL CONSIDERATIONS IN FIGHTING FORECLOSURE:

    A) Send FDCPA Dispute and Debt Validation within 30 days of Summons and Complaint.
    * Failure of plaintiff to properly validate will give you both an affirmative defense (to prevent Summary Judgment) and present you with set off against judgment, and perhaps injunction relief. Google Case law for appellate rulings to support your position. This can be used in addition to your states Credit Collections act with more teeth.
    B) Send Qualified Written Response during litigation to opposing counsel.
    *Failure to respond within 60 days creates TILA affirmative defense (to prevent Summary Judgment), set off against possible judgment, in addition to the TILA/RESPA violations.
    C) Initial Response to Summons and Complaint can be held off with a Motion for Extension of Time, Motion to Quash or Motion to Dismiss within the 20/30 response period. Set hearing with Motion for Extension as some appellate courts rules that it doesn’t toll (extend) response periods when motion is moved within the response period.
    D) Request initial production of note. Standing requires servicing agent (bank acting as collection agency) to have mortgage assigned to them -or- via equitable assignment (note is a bearer instrument with blank endorsement). Check endorsement/allonge on note to see if its stamped pay to the order w/endorsements.
    E) Compel production of note for “D” if plaintiff balks at request, or, if they claim lost note, have them prove they are entitled to re-establish by your states laws.
    F) Hearing on Motion to Dismiss – Circuit courts usually will deny initial Motion even with strong evidence. However, use this as a “teaching moment” to the court. State case law where appellate courts found reversible error when this has occurred. This will tell judge your serious as they fear being overruled by appellate.
    G) Answer/Affirmative Defenses/Counterclaims will be required 20 days from denial of motion to dismiss. Continue to build case of material issues of fact that will prevent summary judgment short circuiting your case. If the issue shows the bank has a dozen bishops to testify, and you can produce 1 liar, then the issue is still at question.
    H) Appellate courts can be used to overturn circuit court rulings. Use them, and ask the circuit court to issue an injunction while appellate reviews the issues.
    I) If your judge is pro lender use Federal Courts for damages for FDCPA/TILA issues. They have a narrower focus of the law.
    J) Bankruptcy courts (Ch 13) using an adversary proceeding can be used wisely to avoid (Declare mortgage security invalid and become an unsecured claim). They also have a narrower focus of the law.

    Generally: Prepare to win or at least educate the courts on each of your motions, one small battle at a time. Don’t expect courts to give you a piece of real estate free and clear, but if you play chess know you can check/checkmate there moves without initially winning – e.g. if they can’t prosecute the case in (10 months Florida) the court can and will dismiss the case with prejudice, then you can obtain quiet title.

    Some info , pleadings samples at wwww.scribd.com/winstons2311

  67. It is very bizarre but it doesn’t strike me as Nancy Drewe’s prose. The style appears different. Author hallucinating as much, though… and “challenging” is the greatest unerstatements of this decade…

  68. Nancy Drewe ,

    We all understand that there is a complex maze of agreements and transactions very few of which are legitimate if the inter-agency contract language is applied. I for one fail to see how I can get party #4 in the chain to enforce a contract agreement with party #5 ,, and getting a judge in a foreclosure suit to enforce that agreement or even decide based on limited knowledge (and maybe 30 seconds allotted to the defendant to speak) that it is relevant to the immediate action.

    I see the value in these posts and explainations and it will become more relevant as the big money suits get underway…

    What we need more than anything is for one of the big money suits from an intermediary to gain traction, since this all revolves around the OCC and the Fed I would think that this needs to somehow get into the media … The people at the alphabet news organizations are brain dead and won’t tackle anything that takes more than 30 seconds to explain.

    This site is a good start.

    Good Luck .. Maybe the imminent Bank of America collapse will put his on public view.

  69. Comments- Seller is sole owner of Loan Seller has authority to Sell, transfer and assign the same …(see manual not attached)
    Seller attests there has been no Assignment, sale or hypothecation thereof by Seller except the usual hypothecation of the documents in connection with Seller’s normal banking transactions in the conduct of its business.

    M. Soliman – What are you saying – or citing ? Whats your reference for understanding here? (from something your challenging or citing)>

    1) Seller is sole owner of Loan Seller
    a. . . . .has authority to Sell, transfer and assign
    2) the same hypothecation of the documents
    3) Seller’s normal banking transactions i

    What are we reading in other words….

    Thanks

    expert.witness@live.com

    Reg- write me – I cannot paste a spread sheet from excel on here! (See below) But always happy to send one out.

    Mortgages Lien 1st
    Mortgages Loan Note 412,000
    Mortgages Principal Bal 412,000
    Mortgages Rate 6.000%
    Mortgages Per Diem $68.67
    Mortgages Mo Payment 2,060.00
    Mortgages Settlement 8/8/2005
    Mortgages Int Paid To 8/4/2005
    Mortgages To Date 8/1/2005
    Mortgages +/- 3
    Mortgages +/- $206.00
    Mortgages Next Payment 9/1/2005

    ___

  70. Even with my limited knowledge, I think there in lies some of the answers I am looking for. Or at least a beginning. I just hope I have enough time to find my way.
    Thanks

  71. If the loan (note & mortgage) did not describe the actual transaction at closing (origination) due to straw men ( broker/originator, as lender and mers, as nominee/beneficiary) listed, isn’t that fraud-null & void…

  72. Sorry, this is beyond challenging without explaination…..is this a Nancy moment?

    EXPLAIN IN REAL WORDS…..Very few “Get this Mumbo-Jumbo”!

    EXPLAIN

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