The Moral Choice: Why We Fight

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Editor’s Note: I was reviewing some of the outgoing emails from our volunteer staff and others and I cam across this one to a distressed homeowner. I think it captures the spirit of the moment.

“I am so sorry to hear of what you’re going through.  Without being too much of a downer, I’m sorry to say that this is only the beginning.  And, we’ve all been through it.  This is a chess game that has absolutely nothing to do with justice or what’s right.  So to win in court you/we all must begin to get refocused and stop believing that it’s about good and evil or that justice will be rendered.  It’s ONLY about winning and losing.  That’s it. It’s a procedural game to them.  There’s nothing ‘moral’ about it and they do not care.  …of course we the homeowners pay the consequences, and we are attached to what we are fighting for, but this ‘fight’ for justice is nothing but a game to them.  

So forget anything you’ve ever seen on any TV show about how a lawyer or a judge or a banker will automatically want to listen to the truth, or even understand the truth.  Reality from millions of homeowners across the country has shown they’re not interested in giving any homeowner a loan remod.  They want your home.  They’re not interested in the time it takes to get educated about what happened.  They want your home.  They’re not interested in anything but wanting your home.  They are banking on your own miseducation, lack of education, presumptions, prejudices and EMOTION to keep you in a state of confusion and frustration.  You’ll need a backbone of steel and complete detachment to fight them because that’s exactly what they have on their side to fight you.  So, when you say you don’t trust anyone because of what you’ve been through so far, GOOD!  Find your center.  Get educated.  Get the facts.  Get real with what you want and demand no less from everyone else you meet.

The important point here is that you have the research done by a third party, not the pretender lender and their associates.  Knowing your chain of title and the breaks in it, as well as knowing the chain of money and who’s claiming it is important because it allows you to ask informed questions and speak intelligently to the lawyers you are interviewing.  To that effect I have copied below some general information for you.  I hope this is of assistance.  And last, make no mistake, this battle will cost you.   ….time, money, emotional ups and downs, friends and family (who seldom will understand because of their own presumptions and lack of education–see list above that we all face).

This is the largest financial crime in the history of the world.  And, interestingly enough, none of us have to fight it.  None of us need to be nudged out of own comfort zone of presumed beliefs.  But there are those, those who throughout history do pick up the mantle, who are appalled and distressed, who educate themselves and others, who organize their neighbors, and who have the courage to be on the losing side because that’s often what justice demands in the beginning.

The choices and heartache of it define who you are.  If you fight, you are fighting not just for your home, but for case law that will make a difference for millions of homeowners who cannot fight for whatever the reason.

And for those who cannot fight in court, it then begs another life-defining question, “How do I grieve productively?”  Because it may be my home today, and my private grief today of losing my dearest possessions but it will be your home tomorrow.  This we know as the pool of homeowners shrinks and the noose tightens even more.  We get emails and phone calls everyday from people who cannot believe it happened to them.  It’s easy to believe that it’s “those” people over there who must have done something wrong, and we are safe, but the net is widening, the noose is tightening, and the insatiable appetite of the greatest financial crime in the history of the world gorges on.”

38 Responses

  1. @Danjs – those were pretty inspirational words. Don’t forget about MERS contract with Genpact. Whatever it is, and of course I want to know, it is being carried out outside this country. Wonder why it’s such a secret…….I’ve no doubt it’s another outrage.

  2. John Gault… Thank you for your encouragement.

    My main point is that one can topple a pyramid (or Ponzi scheme) by a consistent digging away at the corners of the foundation of the fraud. In this situation, all Fraudclosure is built upon what the schemers felt was a foundation no one would question or attack.

    MERS and its superstructure can be toppled at the local level… start with the politicians to lay the groundwork and then within the local courts.

    For my part, after discovering fraudulent signatures and representations in documents associated with my home, I initiated a criminal complaint with the local Sheriff’s office. After months of “investigation” I got back a tersely worded statement that my complaint was “unfounded.”

    That doesn’t frustrate me… it only confirms that the local law enforcement authorities just don’t get it. Their ignorance of laws regarding criminal fraud is the only “reason” for their lack of follow-thru with what could make names for those who will be credited for uncovering millions of lost county revenues.

    So.. as I mentioned, it’s not necessary to get “mad.” Ten Christian businessmen and business women are meeting together now to start a non-profit organization to aid all homeowners by joining with them to defend their private property rights…..

    We intend to educate homeowners about what dangers confront them relative to clouded titles (regardless of payment history to loan servicers.) We will also assist those who have already fallen victim to the scoundrels… Homeowners who are currently involved in foreclosures will benefit as we coach and encourage them in their struggle to keep their homes.

    We’ll side with the homeowners and their elected officials and show them how to be “Davids” when confronting “financial Goliaths.”

    Remember, David surprised an enemy thought to be a vastly superior force by approaching with no armor, sword, or spear… just three smooth rocks a sling, and a proper attitude.

    (BTW, David never meant to use but one stone to dispatch Goliath. He knew Goliath had two brothers and was prepared to finish them off as well. We know that our “Goliaths” have “brothers” too! We will be prepared as was David.)

    David could have enlisted other soldiers to heave hornets nests amongst Goliath’s “co-conspirators” to demoralize the Philistine host. We may have to use some “swarms of hornets” ourselves.

    We won’t enlist attorneys who try to tell our “mentorees” that the banks are “To Big to Beat.” We need (and will recruit partners in this fight) who have the attitude of David.

    David stepped into the battle-field to win… and win he did! Even his King, Saul, had to eventually cede his authority to this loyal subject who continually won on the battlefields of his nation.

    We’ll plan purposely and strategically to whittle away at the dishonesty and the by-passing of well-established law by MERS and their co-conspirators.

    My hurried observations and ideas are but the beginning of our efforts. We know our real “enemies” are not the local politicians. In the process of educating those with whom we meet, we will also discover any presence of local corruption and/or personal pecuniary involvement that may merit other local, legal action.

    Pray we will be successful here in our county… and that we will be able to assist others to be successful in their communities by waging this same battle in their own counties.

    Remember… “Righteousness exalts a nation!” Seek righteous and trustworthy men to join with you as you take back your home from those who would steal it.

    DanJS

  3. Dan sj – thank you for taking the time to share your ideas – they seem like good ones. You have demonstrated an ability to formulate plans and seems to me you’ve also demonstrated the energy and ability to carry thru on them. 5 years ago I might have. Not today. Maybe you have the time and drive to start the movement. I certainly hope so. Might you? I really do hate to sound dramatic, but it kills me I don’t have the energy any longer.
    I never write anything about MERS I don’t really feel deeply or write just to hear myself.
    I do believe that MERS has got to go, that it is the source of what ails us and remains the dastardly enabler of the evils being perpetrated on Americans.
    I think this is no less a time for a call to arms than other critical points in our history. I don’t understand the apathy, honestly. “We are not helpless, we are men”. This and other sites have provided some good information to all of us. But when we fail to act, aren’t we just contributing to the cosmic whine? Don’t we want change? Isn’t demanding the return of our land records a place to start? I have a feeling if we were successful in such an effort, we would be amazed at what falls out of the rabbit’s hat. By that I mean that grievous theories of the crime espoused by various readers here would be proven to be facts. And letting politicians know they aren’t getting our votes unless they support this effort is a small enough act by each of us that we should be able to fit it into our busy schedules.
    You know, I’m no economist, so I could never proffer that there is validity or not to the tbtf theory crammed down our throats. I know many of us resent the hell out of it. Our government gave money to the very people whose demise might have precluded theft of homes. That’s a bitter pill, is it not?And I do think forking over billions if not trillions of dollars to what appears to be a bottomless pit was a knee-jerk reaction considered to the exclusion of any alternatives. Like I said, I’m no economist but I don’t think one need be to see that giving the major slices of the pie to a few is going to stimulate an economy. Now it’s past time to see to it that those same recipients don’t get what’s left of the pie by way of our homes, certainly not when and if they have no right to them. If anyone in this ridiculous, sad and sorry act is going to get a ‘free home’, it damn well should be the American homeowner. We have to hold onto what we can, and our chances imo will be greatly enhanced by getting rid of MERS and the fraudulent actions done under their cover. IMO every action taken involving MERS is a fraud, starting with their illegitimate self-created deeds of trust. People here scream that this and that does not properly identify the real lender. What really doesn’t identify the real party is the stinking MERS’ deed of trust.
    Anyway, Mr Dansj, you seem a good candidate to get it going on.

  4. MERS Has to Go!

    John Gault said:

    >Of course I want the criminals to pay for RE-PATRIATING our land records which have been absconded with by traitors. I wouldn’t know how to make that happen. Maybe others here have ideas. At any rate, the government can fork over gazillions to whomever it chooses, so I guess that can include American workers when our records are seized in the interest of public safety. <

    I'm not sure what you mean by invoking "public safety," but here's some observations and ideas.

    Local politicians at the county level pay attention to organized voters… that's when more than one voter expresses the same outrage in an effective, continuing way.

    Those same county officials in every state are complaining about "lack of funds." When they've "cut the county budget" as much as they feel they can politically (remember, there are other special interest groups whose personal issues they listen to as well,) local politicians resort to the "only remaining method," raising taxes…. In this case, it is taxes on real estate… the homeowner.

    Stay alert, dear readers! I don't want the following to be boring… What motivates local politicians is votes and money.

    Remember that! Burn it into your brain cells!

    Votes… and money to get more votes!

    (Now, I personally think that none of these "public servants" should be "bribing" us for contributions of money for their re-election campaign coffers… They should be earning our votes by how they manage our communities. Let them know that if they get results, they won't have to ask for money… they will get the votes of you and those who listen to you.)

    Caveat: Know your politician… find out how he has acquired political power …and where his source of personal wealth has been derived… Take note of his "friends" and how he is able to "bless them."

    But back to MERS (and how to get rid of it.) "Money" is the root of the MERS evil! The stated "purpose" of MERS was to "save"/rob the land registry offices of every county in our nation by evading the payment of "fees" and/or intangible taxes.

    There are very few land registers in America who are dealing with this massive transfer of county monies to the bottom line of the banks, but some "get it" and have initiated suits to reclaim lost revenues. Some are even suing for high dollar amounts that will restore the treasuries of their counties. Kudos to them!

    …. So much for "observations."

    First Idea: Make an appointment to meet person to person, with your local land register to encourage them to do what more pro-active land registers are doing. Urge them to initiate a forensic audit of the records in their land registry to determine the "damage" done to the integrity of the chains of title of every property in their county, Tell them to focus on the records where MERS is mentioned in any way!

    Their likely response… "There's no money to do that!"

    (Well… An audit of this nature for this purpose would not be necessary if they had been pressing this issue ten years ago and continuing to collect the fees…. but — don't let this objection sway you. Be prepared with your next step.)

    Second Idea: Ask the land register to draft a letter to the county, commonwealth, or parish "commissioners" requesting the funds to conduct the forensic investigation. Purpose? To lay the grounds for suing for a return of evaded revenue and also the necessary funds to "restore the integrity of the 'ink and paper records' of the land registry."

    Never forget for a moment that the imprudent push for "hi-tech solutions" to recording real estate activity is what lies at the foundation of this scam upon the property owners of our communities.

    Requiring the traditional "low tech" chain of ownership of private property is the goal of the restoration. Why? Simply because (in today's future) "low-tech" restrictions will impede the efforts of the next wave of scoundrels who want to steal the property of rightful owners. Make sure "electronic records" are used only as an "indexing method" not as a substitute for "real records."

    Be prepared for the objections of your "commissioners" (buttressed behind the scenes by the bankers' lawyers.) "It can't be done… It will cost too much… This ain't your Daddy's courthouse… Everything has to be computerized! "Everyone [ including the mortgage servicing arms of banks ] wants a "free house!"

    Either ignore these "objections" or have a ready answer as a rebuttal. Don't be bullied! Be "friendly" but be more knowledgeable than whomever you are addressing. Let your facts demolish any "platitudes."

    Most productive Ideas:

    Press upon your commissioners the truth that the first rule of "triage" in instances of physical (or fiscal) trauma is to "stop the bleeding."

    A county-initiated court case to reclaim lost revenues may take years, but the clouding of land records and the loss of county revenue must be stopped immediately!

    Local legislation must be prepared to staunch the outflow of funds and re-establish revenue sources that are already on the books.

    No more "clouding of records" utilizing non-legal land registries must be allowed!

    Set up one on one interviews with each of the commissioners to educate them. Teach them about Fraudclosure and the part MERS played in the securitization scheme wreaking havoc on our land records.

    Point out that the abnormal number of accelerated foreclosures is creating vast numbers of unwanted, ofttimes abandoned and dangerous to the public bank-owned foreclosed houses in our communities.

    (Remind your commissioner that the votes of former owners of foreclosed houses will be harmful to re-election efforts to those who do not use their political power to address these issues. ..There are more dispossessed homeowners and those currently in foreclosure than there are bankers.

    Ask your commissioner to review the county organ's notices of foreclosures in the last six years to get an idea of how many disaffected current and former homeowners may be still living in the county and voting.)

    Be sure to point out that new buyers of foreclosed houses are not being given "clean title" by the banks and that the nation's title companies are not issuing policies with the same wording as has always been available in the past.

    Suggest the passage of a county ordinance requiring that any and all assignment to every property in the future be properly recorded locally. Such local legislation should mandate that no "shadow land registry" not constitutionally created by the state is considered as a legal land registry that will protect the interests of landowners and lenders. All fees and any associated intangible taxes must be paid at point of recording. If the county so deems, an increase in fees can be assessed for "institutional" and/or absentee land owners. This will preclude raising fees on homeowners themselves.

    The same local legislation should mandate that before any "foreclosure deed" can be issued by the county sheriff, of property owned by banks, the bank must "right the total record of the title chain (from its own funds with no recourse to former or the new owner) and warrant and defend against any title challenge arising from improper securitization or the involvement of MERS.

    The purpose of this county legislation should be self-evident, but as soon as it is implemented, funds will start "miraculously appearing" in the county's land registry.

    Remember… don't "complain" about a problem to a politician unless you come armed with multiple solutions. You aren't meeting with them to hear their pontifications, but to be sure they listen to you.

    Appear with a "meeting agenda;" get a response to every item discussed (and record every response and "promise" in some way;) leave a copy of the agenda with whomever you met with; don't accept them telling you they will be "in touch" — Set up an appointment for a future meeting with them; go home and summarize the items discussed and the responses (especially the promises of the party you spoke with;) send them the summary in writing and request them to update you with their actions and anticipated time table to follow through. Remind them of your next scheduled meeting. Don't forget… They work for you — You really don't have to state this (and you will not if you are prudent!)

    Be firm and unyielding. Be pleasant… there are creative ways to "vent your displeasure" by joining with others of like mind.

    Seek accountability and let anyone you speak to know that you suspect criminal actions and prison terms for all parties (even the top executives of TBTF banks, regulatory officials, and corrupt politicians at state and federal levels . Let your commisioners know you want investigations; restoration of clean titles; repayment of all TARP funds; additional financial remediation to affected landowners (not governments;) and necessary legislation and accountable oversight so that none of this will ever happen again!

    A final observation: When large numbers of individual voters start requesting personal appointments (with or without others present) the "politicians" are going to take note…. and get moving to position themselves at the head of the crowd so they can proclaim themselves as "leaders."

    Personal meetings are powerful! There is no substitute for "being there!"

    Don't allow yourself not to know personally those who have financial or other major impact on your lives:

    If you have to bank, have a "personal banker" who ask you to sit down and talk to you "eye to eye." Don't ever borrow (or lend) money from/to someone you don't know personally. Don't order perishable vegetables over the phone….. Show up at the produce market and get to know the manager. Don't rely on a doctor if he (or she) can't touch you..and you can't hear them breath. Don't just listen to your preacher or priest. Set up a time to spend time and talk about your life… and theirs. If you hope to inherit wealth, be sure you sign the visitors registry in your parents home or nursing home…. You get the idea?

    Remember the TV detective Columbo? I learned from him that e-mail can be deleted with a keystroke — "snail mail" can be discarded in the trash — but the hardest thing to get rid of is "a body."

    You don't have to stink, but be that body that has to be dealt with.

    Let your commissioner or other politicians know you will donate a "personal chair" they can have available when you show up to discuss any matters they have not resolved. To make that point clear, you may want to bring that chair to your first meeting.

    DanJS

  5. SARASOTA, FL–FREE WORKSHOP FOR HOMEOWNERS
    Oct. 15, 2011 9-5 Unity Church of Sarasota-3023 Proctor Road
    email: mortgagejustice1@yahoo.com

  6. johngault, I empathize with you. Usually when i find myself engaged in a decussion about houses, mine. People, understandibly…out of fear and panic attack, run to that sudden available modification that all of a sudden is AVAILABLE. Interesting, huh. Living in the immediate to solve a problem that, in fact will not solve the problem at all. Even the illusion of modification is an illusion, trick, fake out of the servicer. They lie in wait to take the house anyway. So, when we get mad, and bring out the fraud and the set-ups of what the servicer is actually doing, we act irate. People around the neighborhood or people i have discussion with, those that are passive, think they can stay on the surface of this mortgage mess and still come out. I’m finding that is not the case in the end. And they cry and still suffer lose, thinking they did the right thing, the thing the servicer wanted and set them up for AND wants to do the same to us.

  7. So when paid in full the borrower has both equitable title and legal title or after foreclosure the beneficiary (lender) has both equitable and legal title. Or that is how it is was supposed to work?

    In title theory states, not sure about lien theory states, the borrower has equitable title and occupies the property until the point of sale is enforced by the trustee as per the Deed of Trust and then the beneficiary (lender who funded or who paid value to purchase the mortgage) acquires equitable title and legal title? In title theory states – a “neutral” trustee holds the bare legal title for the borrower until he pays in full and then the borrower gets legal title in addition to the equitable title he already has… or trustee transfers legal and equitable title in a foreclosure to the lender beneficiary?….

    So if mortgage is paid in full to the lender (beneficiary) no one other than the borrower gets equitable or legal title and until point of sale is enforced by trustee for the beneficiary – no jack booted thugs are allowed. Thinking what happened with securitized mortgages is lender was never the beneficiary and beneficiary was never the lender. No direct funding, no “true sales” to beneficiaries. No one can acquire equitable title from the borrower and legal title is nothing if the trustee cannot enforce a sale on behalf of a beneficiary and beneficiary is paid in full when he signs off on the loan anyway. There was no loan. No one is damaged by the non payment. The funds were a laundered small percent of the total pie of fruadulently collected money deposited elsewhere. Just trying this out seeking to understand….

  8. I really want to stick with getting rid of MERS. Nonetheless I feel like I have to straighten out some misunderstandings. The beneficiary NEVER holds either equitable or legal title in a dot – the trustee who is not a creditor does.
    The trustee holds one or the other in trust, but the trustee is not and never will be a creditor. He is given the power to go after the collateral for the owner of the debt, the note, as long as that party is also the beneficiary of the dot. Back in the old days, that was a slam-dunker. When a loan was made, the lender on the note was the same and only party named as the
    beneficiary in the deed of trust.
    So say there is a real default. The trustee is apprised by the lender, the owner of the debt who is called the beneficiary in the dot. A trust must have a beneficiary and it is the guy who is owed the money – or at least it used to be. When the trustee forecloses, he is actually quieting title in the beneficiary. The trustee’s legal or equitable title which he holds in trust goes to the beneficiary along with the borrower’s converse equitable or legal title: the beneficiary ends up with all title.
    Similarly, when a loan is paid off, a release of the deed of trust quiets title in the borrower’s name, the trust is destroyed, and he now has equitable and legal title to his home.
    I haven’t expounded on what proof the trustee is to require of the beneficiary (plus I believe I have gone off about this on numerous occasions) because the point is to explain the dot and default mechanics.

  9. johngault-

    Initially the sign was meant to be cathartic for me. I needed it.
    But everyday I am surprised at how many are educated by it knowing that I am not a kook or the neighborhood nut case. I coached their kids baseball teams for 15 years and I was a single dad. When they saw this sign go up, they weren’t afraid to ask “what the hell is going on?” They take the things I print from the internet and read them with my little notation, ” Remember if you read this and do not try to find another opinion about this issue, I’ll be disapointed” I do this to force my neighbors to become educated.

    And it works Everybody should try it, unless they are worried about what their neighbors think, when it came to MY HOME I didn’t give a damn, but still tried to explain what was going to happen.

  10. @anonymous – sorry – you lost me. Who is the creditor? The creditor is the guy to whom the debt is owed. If that party also has the beneficial interest in the dot – is the beneficiary – that party has a secured loan. If the party to whom the debt is owed is not the beneficiary of the dot, that party is the creditor but with an unsecured loan. The party with the legal or equitable title to real property in a deed of trust is the trustee. The borrower is the one who retains the form of title not granted to the trustee – in trust – in the deed of trust. (there are only two forms of title – legal and equitable) The trustee is not a creditor – ever. (In title-theory states, the dot trustee holds legal title. In lien-theory states, the dot trustee holds only equitable title and the dot is a lien, not an interest in real property)…………….?????

  11. OH HELL YEAH.

    IF YOU GOT IT, NOW IS THE TIME TO GIVE IT!

  12. LAS VEGAS DISTRICT COURT
    333 sO. Las Vegas Blvd
    Las Vegas, NV 89101

    Judge Roger L. Hunt
    Judge Philip M. Pro
    Judge Kent J. Dawson
    Judge James C. Mahan
    Judge Gloria M. Navarro
    Judge Lloyd D. George
    Magistrate Judge Lawrence R. Leavitt
    Magistrate Judge Robert J. Johnston
    Magistrate Judge Peggy A. Leen
    Magistrate Judge George W. Foley
    Magistrate Judge Carl W. Hoffman

    RENO DISTRICT COURT
    400 So. Virgina Street
    Reno, NV 89501

    Chief Judge Robert C. Jones
    Judge Larry R. Hicks
    Judge Edward C. Reed Jr.
    Judge Howard D. McKibben
    Magistrate Judge Robert A. McQuaid Jr.
    Magistrate Judge Valerie P. Cooke
    Magistrate Judge William G. Cobb

    LAS VEGAS BANKRUPTCY COURT
    300 Las Vegas Blvd South
    Las Vegas, NV 89101

    Judge Linda B. Riegle
    Judge Mike K. Nakagawa
    Judge Bruce A. Markell
    Judge Bruce T. Beesley
    Judge Greg W. Zive (also in Reno BK)

    9th Circuit Court of Appeals:

    http://www.ca9.uscourts.gov/content/view_seniority_list.php?pk_id=0000000035

  13. NEVADA:

    Governor Brian Sandoval
    State Capitol Bldg 101 N. Carson Street Carson City, NV 89701

    Secretary of State Ross Miller
    101 No. Carson Street, Suite 3, Carson City, NV 89701

    Attorney General Catherine Cortez Masto
    100 No. Carson Street, Carson City, NV 89701-4717

    Recorder Debbie Conway
    Clark County Recorder
    500 So. Grand Central Pkwy, Las Vegas, NV 89106

    Senator Dean Heller
    361A Russell Senate Office Bldg
    Washington DC 20510

    Senator Harry Reid
    522 Hart Senate Office Bldg
    Washington DC 20510

    Representative Shelley Berkley
    U.S. House of Representatives
    405 Cannon House Office Building
    Washington DC 20515

    Representative Joe Heck
    132 Cannon House Office Building
    Washington DC 20515

    This took me all of 15 minutes and will cost me 8 stamps to mail letters to each. Copying letters to your county recorder’s will let them know they have the support and demand of the voting citizens in returning our land records to their offices.

    Will you post this info for your state?

  14. @disabled dad – kudos, seriously. I appreciate your neighbors ‘irritation’ with your sign, but in the bigger picture, the truth must be outed and spread.
    Please make another one – MERS MUST GO.

  15. @enraged. Yes, it can be done and it must be done. I can’t lead any
    effort myself, unfortunately – for me, anyway. I ran out of that kind of steam mol. Sucks for me, but it is what it is. That’s not true for a lot of readers here. You people with energy know who you are. The real fighters here know who they are. Leaders know who they are. Those flirting with the idea of leadership probably have it in them. It’s time for action.
    MERS has to go. We want their records and we want them gone. Before there’s another distracting, interesting, non-productive post here, are there any here who will pick up the banner? Can we bring pressure where it will come to mean something? Where shall we start?

    Why should YOU do this? WHO enabled the loss of your home? WHO
    designed this scheme to hide the owner of your loan from you? WHO enabled Wall Street to ruin this country and bring it to its knees? WHO made a cruel joke of the hard labor of good men and women decades long?
    WHOSE actions brought you to this site, dejected and so angry you could spit nails? WHO turned out to be a version of Big Brother so evil and void of morality and ethics not even Welles could have imagined? I read today that 25% of children under 18 live in poverty in this country. In the United States! This can’t be…..can it?

    NO! Don’t say you don’t matter. Everyone here, everyone, matters. It will take an army of us to bring down MERS. Isn’t it true that the pen is mightier than the sword? What are you willing to write and to whom? Will you write your reps and the judges in your county? Will you post a sign on your home which says “Congresswoman Johnson, Judge Mitchell: MERS HAS TO GO – WE WANT OUR RECORDS”? If I, or someone or a group of us,
    compose a demand letter for the return of our records, will you download it and spend 5.00 on postage (good for the post office, one of our oldest establishments). Will you help by gathering for us the names and addresses of your state government officials and the judges in your area? They are all available on line.

    And enraged, of course you are right about the employment opportunities
    available to Americans by re-taking our records and put them where they belong. Obama better start walking the walk. His lip service to Main Street
    is wearing thin (or worse) and as I’ve said, I will be a single-issue voter: you either get with the program and stop the theft of our homes by those criminals or you can pound the pavement, at least if you were counting on MY vote. We have the opportunity en masse to tell the politicians their donations from the banksters won’t amt to a shout next to the roar we are capable of making. I think someone here said Obama was the king of change, alright (if not, I’ll say it) – change of ADDRESS for millions of Americans – from our homes to the street. How will the man heretofore admired by many of us take being called the “King of Change – Change of Address”? How will he like such a moniker? I can afford TWO posters for my yard. (one for everyone else and one for Obama) .

    I personally don’t give a hoot who pays for it – even if it’s my own tax dollars. Here’s my extra 10 bucks. No, I didn’t check the political contribution box on my tax return – that’s 10 bucks to get my stinking records back. We need our records back. We have a RIGHT to our records. Of course I want the criminals to pay for RE-PATRIATING our land records which have been absconded with by traitors. I wouldn’t know how to make that happen. Maybe others here have ideas. At any rate, the government can fork over gazillions to whomever it chooses, so I guess that can include American workers when our records are seized in the interest of public safety.

    Make a choice – don’t run off to the next tidbit. Carpe diem – sieze the day. Choose action THIS day. Choose to contribute information about your state’s officials and judges. Then choose to let your voice be heard. I will write the letters with anyone who wants to help. I will help anyone who wants to write the letters.

  16. ANONYMOUS—you said:

    “Equitable title NEVER holds legal title — and equitable title holders (including beneficiary) are NEVER the creditor. Just not being addressed in US courts. Once addressed — if US District Courts applies your thinking — will agree with you. To date, no court has addressed the law (TILA) and distinction between the two.”

    How does one plead/cause of action with regards to this issue?

  17. To Faith on 26 Sept 2011

    I wondered how to get that message out to everybody myself. I finally told myself it’s time to buck up or shut up, so I placed a 4 ft X 8ft hand painted sign in front of my house simply explaining the criminal acts of Bank of America. I pissed of some of my neighbors and for that I am sorry. I did in advance talk to most and explained what was going to happen. Just that alone educated some to get of their buts to do some investigating. Others (3) have actually put their places up for sale. All I can say is that since January 1, 2011 when my sign went up, I know I have educated hundreds at the very least, including an 11 yr old kid that lives down the block. The local paper will not touch any stories like this and they wonder why circulation is down? It’s not the interenet, it’s called neutered journalism.

  18. Okay — will just stay with ANONYMOUS — rather than changing my name – to ANON.

    ANON — below — is not me. But, “ANON” — join the crowd.

  19. johngault

    Quote — “The trustee either gets legal or equitable title to the borrower’s home.”

    Can understand your post — but not your “lumping” of equitable and legal title. Understand that non-judicial states are more difficult, nevertheless, distinction between equitable and legal title must be made — even if necessary BK pursuit. Equitable title NEVER holds legal title — and equitable title holders (including beneficiary) are NEVER the creditor. Just not being addressed in US courts. Once addressed — if US District Courts applies your thinking — will agree with you. To date, no court has addressed the law (TILA) and distinction between the two. So, until that happens — must disagree with you.

  20. how do i get a password

  21. According to UCC1-201(24) and 3-104, it was our signature on the note that created the funds for the fraudulent loan. Ray.

  22. Well said John Gault. A look into any state’s statutes will inevitably show repeals and adjustments made over the last several decades that have absolutely nothing to do with making common law more robust or easier for any involved. Far from it. Any quick look into state statutes will show a wholesale degradation of borrower rights, no matter what the credit at issue, secured or unsecured, it doesn’t matter, the laws have been tweaked or outright commandeered by lobbyists for their masters, and always against the consumer.

    As to the demon that is MERS, of course it has to go. What happened to Christopher Peterson’s testimony to Congress saying the same? Why was his incredibly cogent testimony not acted upon? Tying the MERS issue together with the problem of runaway state statutes previously mentioned is another dark secret that eats at our land laws like a cancer, that is, the fact that MERS is actually writing these bills and amendments that are then simply signed into law by their grafted lawmakers.

    The so called MERS statute in Minnesota was written, not by our elected representatives serving the best interests of the state’s citizens, but by MERS lawyers, working solely for the interests of the banking cartel. The individual’s interests were sold down the river, like you said, while everyone was sleeping. There’s simply no way that anyone would know that our rights were being sold to the highest bidder when this kind of graft takes place behind chamber doors.

    But it’s still going on as we speak. I know of an emergency push in Michigan by MERS to rewrite their state statutes to fend off the leaning towards borrowers in the courts there. We all know of the in your face legislation being proposed in Florida to take foreclosures out of the court system. Is there anything that could be said about this act that could in any way be construed as beneficial for the citizens of Florida? Does anyone at all buy the argument that pushing these foreclosures through the system is the key to our economic salvation?

    We’ve been had. Raped. Pillaged. Left for dead by the side of the road. But like Enraged said so well, we can’t just lie there, we have to get up and fix the system, rid the filth that was put into place while we slept. To me, it doesn’t matter if it takes the next thirty years going loan to loan…..tough shit! And yes, MERS MUST GO! It is a system set up by criminals for criminals, with no redeeming qualities whatsoever.

    We need to impress this upon our legislators by explaining that it’s their jobs on the line. Either vote for us and against the banking cartel, or they lose their jobs. It may take a little while, but it’s really that simple. Because there’s not enough room on the planet for us and them. It’s a simple physics problem….two entities trying to occupy the same space at the same time. One has to go. Them.

  23. Dismantling MERS can be done, Johngault. All it takes is for voters to make it a condition sine qua non to any election, be it a senator, rep, president, AG, judge or anyone having some authority into that horrendous fiasco.

    Unfortunately, I can’t be done overnight and it will require the recording of every, I mean absolutely every, real estate transaction since Mers came to life, subject to verification that those transactions were actually pooled into trusts, money was paid and by whom. Extremely costly and time consumming (an excellent shot in the arm against unemployment, I might add… could take a few years for hundreds of thousands of people working 9 to 5. And enough regular pay to catch up on their mortgage).

    And since it was, after all, the banks’ creation, it is only fair that they bear the cost of that “undoing” by being fined to the max… in order to allow states, counties and cities to hire the staff needed to trace back 15 years of said transactions. See that? We fix our land records and we resolve unemployment in one throw!

    Of course, Jamie Dimon and his croonies do land in jail (I shall insist on it. It is not negotiable) where they work 9 to 5, fixing our highways and bridges, another bonus for the economy. Hard on their manicure but what can you do? And, at the very least, we know where they are and we can monitor that they never, ever touch one cent that doesn’t belong to them.

    Damn! This is such a great idea, I might even want to make a run for it! I like it more than Mandelman’s.

  24. I suppose this post was well meant when composed. The truth is it’s hell down here in the trenches. I started my own fight in 2008, armed with only my background and knowledge of real property laws. Because I understood how the deed of trust came to be, how it was legislated in response to pressure from lenders who didn’t want to be bothered with
    judicial foreclosure, I thought I had some ammo. I didn’t know at that point that the deed of trust has been changed to the point where it’s hardly recognizeable, as well as the changes to state statutes regarding non-judicial foreclosure.
    It is the most devastating case of “while we were sleeping” most of us will ever see.
    The dot is a three party instrument. The trustee in this trust document was put in to first of all create a trust. Without a trustee, there is no trust created. The trustee either gets legal or equitable title to the borrower’s home, to be held that way until the loan is paid off. If there is a default, the trustee is empowered to take the home for the beneficiary. That’s the deal.

    No where in the inital legislation of non-judicial foreclosure by way of the deed of trust were today’s events contemplated or sanctioned. The trustee was to be given evidence of the beneficiary’s status as beneficiary and evidence of the borrower’s default. Back in the old days, this posed little problems, since the beneficiary was known thanks to public records. The only fight might have been regarding the borrower’s default or a disagreement over the amount of arrearages. Today the hapless homeowner must wade thru a nightmare pandora’s box of cow manure and falsehoods to determine anything. Back in the old days, we didn’t have to consider any third party payments on our loans: pool insurance, credit default swaps, is this gang just the purchaser of defaulted debt and if so, what are my defenses? Only we were to make the payments. We had made them or we hadn’t.

    The judges appear to have slept through real property laws as well as the laws of evidence. The onus is beng put on the homeowner to disprove an entity’s alleged right to take his home, which is disproving or proving a negative, rather than where it belongs, which is on the beneficiary to prove his rights since the party trying to take our homes is not the lender on our documents and public record does not disclose his interest. Documents are being signed by people who are not the beneficiaries, not the duly-appointed trustees, people with no apparent authority to execute anything in regard to our homes. The singular answer to one question determines if our homes are lost to parties whom the record as-is shows are strangers to us and our homes: did you pay?

    What can be said of a system which after all this time cannot find agreement on what constitutes an interest in our homes? What is evidence of that interest, and why after all this time are entities waltzing into court or out of court to make off with our homes with the story of the day, the story which best suits the circumstances for the alleged creditor? Why is the judiciary which is charged with knowledge, unlike the homeowner, falling for one red herring from the bankster after another?

    MERS has to go – that’s all there is to it. Yes, it was Wall Street which created the economic tsunami which made it impossible for many homeowners to make their payments, etc., etc., etc. But it is MERS, the traitors to a free society, which made the crimes against a nation, this nation, this country of OURS and its people possible. And it is MERS which is still enabling the thefts of our most valuable resources. Even if the acts aren’t thefts, and they are, what passes for evidence is criminal. Criminals may still hide behind their self-assignments as MERS alleged officers.
    MERS in the first place never authorized these assignments to members by members. MERS membership agreement only provides that an assignment may be executed by its straw-officer to non-members; their own rules do not provide for assignments among the members and no where in their own rules or any rule in any book of law anywhere on this planet provides that a party in any guise may assign a deed of trust or assignment to itself, which is exactly what is going on…with impunity.

    Why are they getting away with this? Because we homeowners and the sparse legal community representing homeowners allow it. I have looked at many, many cases over these torturous years and I have never, and I repeat NEVER, seen the assignments challenged (except Koontz) for the illegitimate documents they are. A Wells Fargo employee assigns a deed of trust to Wells Fargo, a Bank of America employee assigns a deed of trust to Bank of America, an Aurora Loan Services, LLC employee assigns a deed of trust to Aurora Loan Services. They could not do this if they could not hide behind MERS.

    Getting rid of MERS is the fight. Wall Street did what it did, but its continuing crimes are enabled by M E R S. To the best of my knowledge, no psa authorizes anyone, including the sec’d trust trustee, to execute an assignment of the deed of trust or mortgage. Take out MERS and its phoney straw officer – who’s gonna do it?
    MERS has to go. That’s the entity which needs to be sat in on or demonstrated against. MERS issued a mandate pursuant to its Consent Order that foreclosures may not be done in its name. Big whoop given that MERS still allows its members to falsely assign deeds of trust to themselves.
    If MERS does not have the grace and the conscience to put a stop to this, and this appears to be the case, their records need to be commandeered by what’s left of our government and those records made public. It has now become a matter of public safety. I have no confidence those records are accurate since every entry was made on a strictly voluntary basis by its members, but it’s all we’ve got.

    I have alleged MERS’ members have no authority to execute these assignments either to themselves or to other members. Strangers with no apparent authority execute documents as alleged agent for another party. Homeowner attorneys by and large do not make these critical arguments. Why not? What, they slept thru agency and contract law, also? Please – feel free to tell me I’m daft, ignorant, stupid, out to lunch, whatever. If you can’t, get off your butts and make the proper arguments until we shut down this traitorous American-eating-monster-machine for good.

  25. good article enraged – i hadn’t seen that one yet

  26. I think the more bankers open up their mouths and talk the better for us! For any other business or a person who loses documentations or misplaces them or don’t copy them correctly, too bad! So why should we have to forgive banks for their stupid mistakes that’s no that that’s true. Who on earth would not be careful to keep important documents safely and secure them to a T, give me a break!

    enraged, thank you for the helpful comments and to everyone here thank you for being so helpful. I think sometimes good things come out of bad things, a blessing in disguise!

    This mess has gotten so many people involved and talking and opening up and helping one another. The banks unintentionally of course, had given a rise to a great deal of awakening within our society. They opened our eyes and our minds, and they are teaching us how to fight back. In some ways and as bad as it may sound, I am glad that we have been brought here at this time in our lives, we needed that!

    And by all means I don’t mean that I am glad that we are facing foreclosures and economic crisis, I am just for once glad to see so many people in our country are standing together and fighting fraud hand in hand, we needed to be aware and we needed to learn some things regardless of how painful. Stay strong and keep up the good works, and thanks again, in many ways we are winners!

  27. I’m noticing a trend in my area (Nor Cal) and was wondering if anyone else has too. I keep tabs on Realtytrac and the NODs, trustee auctions, bank “sales” in my area. Example: A recent Chase/MERS DOT sped through the FC process. NOD filed in 04/11. NOTS 07/11 and its already on the market. Most here have been languishing several years.

    I think the insolvent pretender-lenders are making a massive last ditch land grab while they can; they know no bailouts are coming, so they’ve got to ratchet up the house stealing.

  28. enraged-
    I wish there was a way to get that last post of yours to the general public. THAT IS OUR BIGGEST CHALLENGE!
    All of us here know what is happening. How do we tell our neighbors who have their heads in the sand? The media will not mention the truth. Silence is everywhere.
    Even MSN does not come out with the truth about the Wall Street protest.
    Is everyone walking around in fear or exhaustion?
    HOW DO WE ORGANIZE AND MAKE A DIFFERENCE?
    Buy our own ads in the local papers?
    Plan a protest at our Registry of Deeds?

  29. *************************************************************************
    Thanks Mr. Kowalski for sharing this Affidavit.
    Here is the link for the petition against the Fraud Foreclosure Act
    http://signon.org/sign/do-not-support-the-florida?source=c.url&r_by=533269

    *************************************************************************

    Here’s a recent affidavit filed by Wells that speaks to the fallacy of non-judicial foreclosures. In the affidavit, Wells is taking the position that no fraud occurred – they just mess up by routinely providing inaccurately imaged versions of the Note or pre-endorsed copies of the Note to foreclosure counsel because we fail to image the back side of pages that contain endorsements, fail to make the image dark enough to pick up the endorsements, fail to copy all pages of the Note, or fail to image the original endorsed note from the collateral file rather than a copy of the note from a pre-endorsed copy of the origination file.
    No big deal.
    (in this case, Wells has finally admitted that the named Plaintiff does not actually exist at all – there is no trust, and Compass is not a trustee. They want to fix that “misnomer” by amending the complaint.)
    http://www.scribd.com/doc/66427074/Filed-Copy-of-Robinson-Affidavit-Wells-Fargo-has-finally-admitted-that-the-named-Plaintiff-does-not-actually-exist-at-all?in_collection=2767824

    ——————————————————————————–

    Jim Kowalski Jr.
    Law Offices of James A. Kowalski, Jr., PL
    12627 San Jose Blvd., Suite 203
    Jacksonville, FL 32223
    kowalski.law@mac.com
    Telephone: (904) 268-1146
    Facsimile: (904) 268-1342
    http://kowalski-law.com

  30. I am not sure I agree with Mandelman on how to fix our economy. He seems to forget that we all paid “forward” the minute we bailed out banks which had caused our marasm by lending anything and everything to anyone and everyone so that they could make a buck on both end: homeowners and investors. I would be more inclined to get rid of the middleman (banker) and return to a more direct approach. Investors lending directly to borrowers. Borrowers repays with interest, everyone is happy. Borrowers fails to repay: investor gets the collateral.

    http://mandelman.ml-implode.com/2011/09/hard-truths-block-solutions-to-foreclosure-crisis-but-i-have-the-answers-that-will-fix-it/

    Yeah, the more i read his solution and the more I think we simply need to eliminate the middleman…

    Of course, that means that the Jamie Dimons of this world would need to learn a real craft. First, we put them in jail. Then, because they ran our economy completely down, we have them work for their room and board by repairing roadways, bridges, etc. That, to me, would help the economy…

  31. How do you sign up for a password for password protected posts?

    Don’t see a link for that or a way to sign up.

    Thanks

  32. Mr Bloomberg. Why would anybody want a loan from an Alleged Criminal? Who is gonna screw you?

    http://stopforeclosurefraud.com/2011/09/25/bloomberg-why-would-banks-lend-money-when-you-want-to-put-them-in-jail/

    Mr Bloomberg thank you for making yourself clear.

  33. There is one thing I can tell you without reservation: feeling sorry for yourself will not get you to the place of winning. Laying down and giving up is not an option. It was not an option for the founders and revolutionaries of the 13 colonies, and it is not an option for us now. Stand up. There are more of us than there are of them, and we must stand together regardless of political ideology. They depend on their silly-ass discourse of right and left and which color is good and which religion is bad. Kick ass! Fight back. F^&k them and the blood-soaked horse they rode in on.

  34. And that, my friends, is why banks keep do not, under any circumstances, want to settle without total immunity… Way too much to lose.

    More obscene than porn, if you want my opinion. Especially when 25% of kids under 18 are homeless.

    http://money.cnn.com/galleries/2011/news/companies/1109/gallery.highest_paid_bank_ceos/?iid=HP_LN

  35. Great words!

    To show that we are not alone, here is a collection of useful URLs for everyone.
    …especially $ock puppet$ and other useful idiot$.

    “Anatomy of a Financial Collapse” – The Senate report
    http://protectdata.blog.com/files/2011/07/AnatomyofFinancialCollapseSenateReport.pdf

    “Fraud as a Business Model” by Janet Tavakoli
    http://protectdata.blog.com/files/2011/07/Fraud-as-Business-Model-Tavakoli.pdf

    Financial Crisis Inquiry Commission Report
    http://protectdata.blog.com/files/2011/07/GPO-FCIC.pdf

    Committee on the Judiciary, Testimony by James A. Kowalski, Jr., Esquire “These abuses of the judicial system are not the work of a few individuals…”
    http://protectdata.blog.com/files/2011/07/Testimony-Document-Creation-Industry.pdf

    Chairman Ted Kaufman of the TARP Congressional Oversight
    http://www.youtube.com/watch?v=a6AnHt0TIeU

    …and many links listed by Neil
    KENTUCKY AG JOINS TREND GOING AFTER THE BANKS
    https://livinglies.wordpress.com/2011/09/25/kentucky-ag-joins-trend-going-after-the-banks/

  36. BRAVO- READ ST. PETERSBURG TIMES’ RESPONSE TO FLORIDA (un)FAIR FORECLOSURE ACT!
    September 26th, 2011 | Author: Matthew D. Weidner, Esq. Please circulate this around….please comment, please share!

    The push to remove foreclosures from courtrooms is going to be one of the biggest and most bruising battles of this upcoming legislative session. Just wait until you see the intellectually corrupt (and just plain old every day corruption)…

    PEOPLE MUST WAKE UP AND UNDERSTAND WHAT IS HAPPENING HERE. YOUR FUNDAMENTAL RIGHTS ARE BEING STRIPPED AWAY. YOU ARE A SLAVE AT SUFFERANCE, BOUND TO THE WHIMS AND DESIRES OF THE BANKS

    MOST PEOPLE ARE NOT WILLING TO DEVOTE A FEW MOMENTS OF TIME TO COMMENT ON ARTICLES LIKE THIS OR TO SHARE, OR TO SIGN PETITIONS…..SHAMEFUL.

    On its face, it certainly sounds attractive: Speed up Florida’s foreclosure process to help the state move past the crisis to a healthier economy. But as Gov. Rick Scott, House Speaker Dean Cannon and Senate President Mike Haridopolos echo support for moving at least some foreclosures out of the court system to speed up the process, they should not erode borrowers’ rights or encourage banks to cut even more corners. And they will have to address the fiscal impact on the courts, which rely heavily on foreclosure fees to keep the doors open.

    ST. PETE TIMES
    http://www.tampabay.com/opinion/editorials/article1193345.ece

    http://signon.org/sign/do-not-support-the-florida?source=c.url&r_by=533269

  37. This is exactly what I have said: to win, we, homeowners, must know what weapons they use against us and how they use them. We learn from example. They give us examples of utter bad faith, conniving, plotting, scheming etc. We need to watch banks and watch their attorneys and we need to learn to catch them in the act. And most of all, never, ever stoop down to their level.

    That’s why having all the goods is not enough: one needs to know how to play their game and use them as well in order to win. The game is not to run all over the place with every possible theory but to remain focused on one or tow issues and not budge: “Yes, I did borrow but No, i don’t know from whom and nor does the bank trying to foreclose on my house. I want to pay but I don’t know to whom. They collected from me but they can’t explain on what basis and they want to seize my house but they have absolutely no documents giving them that right.” Two years ago, time was on their side: no one knew anything about what had transpired, judges knew nothing, few attorneys understood it and homeowners were facing Goliath. Nowadays, timing is on our side: banks have been sued left, right and across. The last thing they want is to see a case go to trial and be decided by a jury instead of a judge. Now is the time to stand firm and demand our day in court, just for the hell of telling out story, without being hung up on the outcome. So long as we show our fear of losing the house, we cannot win. Knowing everything that transpired allows us to request exactly what we need: the proof that banks are unable to justify their foreclosures.

    No good attorney ever asks any question for which he doesn’t already know the answer. No good attorney ever requests documents he/she knows to exist if said document will hurt his/her client. In their eagerness to win at all cost, banks attorneys have fabricated documents that, now, are bound to hurt their clients.

    And remember an old adage every attorney learns early on: “No case is ever too good to lose or ever too bad to win.” Our job is to convey to the banks that we are so absolutely sure to win that we will go all the way. Our job is to convince banks that they will lose if they keep pushing and that they have more to lose than we do. Our job is to convince them that, even if they get a house here or there, they have already lost the war.

  38. Great email. I am grieving too because with all the understanding that now exists among we the people, the government, the courts, and the media, nothing is done. In fact, the FIRST national impulse is to excuse and protect the banks. ” Land of the free and home of the brave”? That’s our greatest national myth.

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