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submitted by Jacquie Figg

NONE OF US, AS MEMBERS OF THE MIDDLE CLASS IN AMERICA WERE EVER GOING TO OWN OUR PROPERTIES – it was always only the American Dream – now we are waking up and discovering that we left the fox in charge of the chickens. That we have no Government. That we are indebted to the international bankers that took over our Government long ago; and having been encouraged in the purchasing of many wonderful toys and gadgets that ended up in the trash dump, using what appeared to be an endless pile of credit we have dug ourselves into a very deep hole and proved before the entire world that: THE PERFECT SLAVE THINKS HE’S FREE when the USSR crumbled. WE WERE NEVER FREE either think about it when did you ever have a free choice – if you are a member of the middle or lower class then probably never because you were always in pursuit of some necessity and your choices were always limited, even your two weeks’ vacation [for those who took them] was limited to what you could afford and by your fear of being replaced, no general healthcare, no job security. Very simply put here is the evidence that you were and are still be conned by your president, by your senators and by your congressman all the way down to the local powers that be who will say they owe you as an individual no duty, which is why we need a class bigger than there has ever been:

1. When you signed your promissory note your name was written in the upper and lower name, for example: John Doe. This created the funds as only the flesh and blood living breathing being can do.

2. All “loans” are federal even my private loan was a federal loan because the money was or went from and/or into a bank insured by FDIC or else it was repaid with their checks, and was in FRN’s etc, [see 12 USC 2602]

3. Senate Document No. 43, 73rd Congress, 1st Session, which states: “The ownership of all property is in the state; individual so-called ‘ownership’ is only by virtue of the government, i.e., law, amounting to mere user; and use must be in accordance with law and subordinate to the necessities of the state.”

4. Congressional Record, March 9, 1933 on HR 1491 p. 83. “Under the new law the money is issued to the banks in return for government obligations, bills of exchange, drafts, notes, trade acceptances, and bankers acceptances. The money will be worth 100 cents on the dollar, because it is backed by the credit of the nation. It will represent a mortgage on all the homes, and other property of all the people of the nation.” This includes but is not limited to our automobiles.

Thus the Banks and the State or the United States are for these purposes are in fact one and the same or are at least conducting in a civil conspiracy against the Good People of this and of every one of the Several States in the united States of America;

You and I, [3 times I’ve been foreclosed on, which is why I’ve researched this and tried out and tested various theories over 15 years – there was no power of sale granted in the last one which still didn’t stop them and here’s why] are BAITED with the American Dream of Homeownership, at this time you are the KING and the bank will do anything to get your business. [I owned property in England big difference is that there you KNOW because it says in the deed and in the pre-sale advertising that property purchase is only a lease for x number of years or x number of years remaining on the X number of years lease] – Here, however, it implies in the Grant Deed which is the second instrument of the three instruments generally issued in this composite contract is issued upon receipt of the valuable consideration which is your Note, the first of these instruments that are issued. That although the Note is executed by one or more of the real people of one of the Several states, NOW COMES THE SWITCH – your GRANT DEED was not granted to you but was in fact issued in the name of the fiction created by and under the STATE, that is using the example John Doe from above as you signed your Note, your GRANT DEED, however, has your name written as JOHN DOE, which the STATE retains control over, if you don’t believe me go and ask the Recorder to put the DEED in your real name, i.e. as John Doe instead of the JOHN DOE it presently says.

The third and last of the documents issued in the composite contract is the DEED OF [no] TRUST, which issues after the GRANT DEED, the trustee never holds the documents to see if you pay or default and immediately gives them to the state/bank as soon as you leave the room, and possible the Recorders office [see points 3 and 4 above], and although the intent with which you created this so called trust that you thought meant something [VIP] was for you to someday have your own piece of the American Dream not for the STAE and the BANK to own YOURS and ALL property and escheat you out of it while you were still alive; But YOU was disillusioned, because you were only granted a “MARKETABLE RECORD TITLE” just one of the many layers in regards to land titles and you was never given the Land Pattern to begin with and the Deed is of no effect. If you was going to own the property then don’t you think you would have been given the real title and paperwork and the re[al] property properly and lawfully described and not some legal description of some lot nearby and that ownership would have been in your real name and not a corporate fiction created under and by the STATE

There are more layers to this as under the DEEDS in which our present ownership is recorded is the LAND PATTERN owned by the state, under that is the SPANISH LAND GRANT – for the likes of California, etc., and who knows what is under there. All attorney know this and there job is to eliminate the middle class – the practice of ATTORNMENT is to turn property over which an attorney does by putting on the ceremony we see in court which is to gain the acquiescence of the poor to maintain the class structure and the unequal protections of the law – going through the motions and keeping up the appearance of law in my cases they didn’t keep up the appearance of law and I was taken out under threat of doing so at gun point with deputy sheriff saying that county counsel told him to continue despite my filing a BK and said he had judges breathing down his neck – I also discover the frauds being conducted by Clerks in the court who withheld notices required under CCP 1161.2(c) within 2 days for 11 days for an attorney who openly boasts that his cases will be “uncontested” because he does not serve notice of process and gets a writ issued in 12 days so you are served notice of a concluded unlawful detainer action by the Deputy sheriff which is a violation of criminal codes for forcible entry.
As I say above, I negotiated and granted no POWER OF SALE in my contract, and was in foreclosure with a HUD ripoff I paid too much for at the time of this purchase, my second foreclosure was one I borrowed on to purchase this one and was one of the first predatory loans made by Long Beach Mortgage aka AMERIQUEST, who was made my servicer. In court most of you will be told something like: “well if you were stupid enough to agree to grant the bank power of sale under a private contract..” implying that it is your own stupid fault or at least made to feel stupid – don’t you believe that crap for a second nor that you had a choice in that matter – that this taking is not a violation of due process or that it is not a federal question as those are all misrepresentations of the material facts that are not disclosed to you even by your attorney POWER of SALE Ladies and Gentlemen is not conferred by the private contract it is a grant kept hidden in a federal statute that is reserved to a FORECLOSURE COMMISSIONER(S) appointed by HUD, [see 12 USC 3754] who I believe to be the very same commissioner that hear the UNLAWFUL DETAINER action and the FEDS are renting the room for that day. That is who is really foreclosing on all of our homes the same PERSONS who you see almost every night on the TV saying they are doing all they can to end this crises; the very same persons who are leading you to believe that they are trying to help with even more useless legislation to add to the rest of the garbage they write about fictional characters, fictional properties and colorable laws that grant us fictional rights, fictional remedies that we will never be allowed to exercise because we are the wrong class and the only class that comes under their with-prejudice codifications, that is YOUR president, YOUR congressman and every other corrupt member of just about every area of Government where an attorney has effected the writing of the Standard operating procedures and every corporation and industry where these same attorneys have very successfully infiltrated and infested at every level and ALWAYS with a PIECE FOR THE ATTORNEY AND A PIECE FOR THE BAR and none for ME and YOU – and in so doing these so called court officers have tuned the FEDERAL and STATE “governments” into non-GOVERNMENTS, an extremely dangerous quasi-corporate entity that pretends it is government for as long as you do business with it under contract but are all CORPORATIONS or oligopolies having eaten up every “truly private” entities that the middle class would have any ownership in having purchased some permit or license therefrom and thus granted these pirates some share and interest therein. A de facto government entity that is operating for a profit for their shareholders who are neither YOU or I, but are foreign investors who dictate where our jobs go under their demand for profits yet they all claim that they are immune – they are NOT; These are the same persons who waived a TRUSTEES liability because that liability was for the STATES own frauds and is written in civil code 2924, this is the very same persons who are stopping you from filing a LIS PENDENS or a NOTICE OF PENDING ACTION even though you have an action pending and is the very same persons who will circumvent you from ever having a trial by a jury of your peers in an unlawful detainer action or a wrongful foreclosure and will deny you an injunction; However, you look at it YOU WERE NEVER GOING TO OWN YOUR PROPERTY

47 Responses

  1. tnharry,
    This article, although not ‘well drafted’ makes arguments that point to citable law and quotes senate and congressional record. But your only arguments in opposition are ‘that’s just silly’ or ‘well, judges don’t believe this theory so I’m not going to either’. At the same time recognizing,

    “That’s one problem with our legal system – they’re obligated to follow precedent.”

    Why is that a problem? Oh, because it conflicts with,

    Article VI, Clause 2 of the United States Constitution,

    “This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States shall be the supreme law of the land; and THE JUDGES IN EVERY STATE SHALL BE BOUND THEREBY, any thing in the constitution or laws of any state to the contrary notwithstanding.”

    Just because neither you nor any (published) judicial decisions accept this as fact doesn’t mean it’s not true. Judges decide what the law is (and they can’t even get that right) they don’t decide what reality is. When judges are faced with arguments such as these their usual reaction is to ignore and/or avoid the issue or cut the case off so the issue doesn’t have to be addressed, instead of addressing the issue.

    Why is that? Why leave the issue unresolved?

  2. Again I say—where’s the ledger??? Assignments are BS. Just collection rights transferred or bought…on unsecured debt.

  3. that’s what you take away from that carie?

    “if I chose to deal with the original creditor—that is my right”. not necessarily. where do you find that right exactly? if Bank A assigned all their interest in the loan to Bank B, then you deal with Bank B whether you want to or not. you can’t simply choose to only deal with Bank A. now, that is obviously way oversimplified and ignores all the MERS, chain of title, and securitization issues.

  4. It’s like saying a debt collector has the right to their third party debt—they DON’T—if I chose to deal with the original creditor—that is my right. And if they can’t show proof that original creditor is still involved—they lose.

  5. @Tony – you’re argumentative but you don’t actually read the comments. In response to “show me any case law that says that if you file first you will win a case”, I never said that. Not by a long shot. If you want to put words in my mouth and then challenge me to refute them, I’ll concede that you win that argument every time. What I said was that being proactive rather than reactive can be better. It can allow you to frame the issues the way you want them framed, rather than responding to someone’s complaint.

    “If what you were saying was true, then when someone files claims like that then, the lawyer for the other party would say lets go to trial. They don’t instead they ask for dismissal based on failure to state a claim. They are putting up a defense not an offense.” – I don’t follow this either. No defense counsel says “let’s go to trial”. ALWAYS the first step is a motion to dismiss for failure to state a claim. That’s part of the process. It’s a test of the complaint to see if it passes muster.

    “No one needs to sue for any of that. What they need to do is start getting into politics and be more vocal in there local government.” – this again doesn’t make sense. when did doing nothing become the motto of the site? I advocate being proactive, you advocate doing nothing and being politically active. Meanwhile someone is planning a sale on the courthouse steps. You don’t get a chance to contest jurisdiction or standing in a nonjudicial sate Tony. That isn’t bad advice for the judicial states, but doing nothing is simply dangerous for those in nonjudicial states.

  6. Why would you sue? TILA RESPA or Quiet Title are equity cases, why do that? In order to stake claims like that you must bring someone into the case with you. Why do you keep trying to muddle the waters on everyone on this site?

    If what you were saying was true, then when someone files claims like that then, the lawyer for the other party would say lets go to trial. They don’t instead they ask for dismissal based on failure to state a claim. They are putting up a defense not an offense.

    Again like I said before show me any case law that says that if you file first you will win a case? You won’t because that just doesn’t make sense. Stop muddling the waters.

    No one needs to sue for any of that. What they need to do is start getting into politics and be more vocal in there local government.

  7. Tony, i’m reminded of something one of my professors said often – subject matter jurisdiction either exists or doesn’t exist, and can not be either created or waived by the parties. Subject matter jurisdiction is the authority of the court to hear that particular matter (you can’t try a divorce in BK court, can’t try a traffic ticket in probate court). You are morphing the concepts of subject matter jurisdiction, personal jurisdiction, and standing all together into one thing. As to waiting, that’s a fair plan, unless you would also be running afoul of relevant statutes of limitation. TILA and FDCPA are two examples that have specific deadlines. As to whether filing admits they have a claim against you, i would respectfully disagree also. It’s all in how you draft the complaint, no need to admit anything. But on that topic, maintaining just about any claim HAS to admit there’s some relationship with the other side, doesn’t it? If you’re suing for RESPA, TILA, FDCPA, etc., you have to allege enough relationship with the defendant to maintain the claim for relief. and they are clearly a necessary party in a quiet title action. the deny, deny, deny plan doesn’t work for everything.

  8. People please dont listen to tn remarks. For you will lose time and time again. DO NOT SUE, wait for them to file a suit. Beat them on jurisdictional grounds when they sue you. MAKE the court address jurisdiction first and how the court has it. Then if you do lose the case your appeal is based on jurisdiction matter. Suing first is admitting that they have some kind of claim against you. To many times people give the court jurisdiction for no reason.

    People please STOP! I mean come on tn said suing first will get your facts out. What the heck, give me case law tn where it says if you sue first you will win because you got the facts out. There isn’t any, the real truth is if you really want to protect your property when they sue you file to dismiss for lack of subject matter jurisdiction. Say I dont know you I don’t know what debt you are talking about, and I will not talk about this debt in anyway.

    Show case law on how the court must show if it has jurisdiction to hear this so called bank owning some note. Remember without you agreeing with them in some way the bank nor the court can use it as a way to slide the issue of jurisdiction from its court room.

  9. carie, enraged is exactly right. why avoid court when that’s where you’ll likely end up anyway? and you have to be there eventually to quiet title if you go that route. as i’ve said before, either do it on your terms or be ready when they initiate. he who files first has a better chance to frame the issues and decide how the “story” will be told.

  10. Carie,

    Unfortunately, I don’t believe you can really avoid court until our legislators decide to crack down. Banks won’t let anyone off the hook easily and I would venture to predict that it will get much nastier before it gets better: the more banks have to struggle to survive and the more energy they will put into going after defaulted homeowners.

    That’s why I tend to agree with tnharry: the idea is not how to avoid court (you really don’t control it; banks file when they decide to) but how to best play your cards when you get there. And that’s something i would advise anyone to prepare for, either by going on the attack first or by playing the waiting game but with all your ammo in hands and a solid strategy already laid out.

    I know how unfair it feels to KNOW what has been done by Wall Street but until you see precedents telling you that you now have a good shot at it, I would agree that “exotic” defenses won’t fly. Go with what works or with what you have the best chance of winning with. Of course, there is always the possibility that you want to be the first one to prove us wrong but that’s a hell of a risk to take, especially pro se…

  11. that was @ tn.

  12. Oh, ok…so your whole thing is what to do IN court—not how to AVOID it…

  13. @tnharry………..

    you said

    “i’ve tried several times to discuss a well drafted complaint, how to state a claim upon which relief may be granted to survive a motion to dismiss, and bankruptcy strategy. ”

    The real question is this———-

    why on earth does one even have to do that? Why are we put in a position to have to do that?

    I mean, like why does one even have to:

    “how to state a claim upon which relief may be granted to survive a motion to dismiss, and bankruptcy strategy”

    Why does a person have to do that? Why does a person have to have a bankruptcy strategy? WTF. What a game…………………the ruleas are so complicated, why must people give up………….nice rules……………add more and more rules…………even the Judges don’t know the rules…………..

  14. @carie – you don’t have to understand why I won’t accept it. We just have different opinions. If you show me one case where your theory has been accepted by a court, then I may change my mind. That’s one problem with our legal system – they’re obligated to follow precedent. It may very well be that one court will start dominos falling across the nation. It just hasn’t started yet.

  15. Dear Livinglies, Neil Garfield, Nye Lavelle, Elizabeth Warren, Dylan radigan, William Black…………………


    The title of this article is obvious,


    and only from this point of view…………………

    when you live in a home and for 30 years pay on the mortgage, and you pay it off, free and clear……………..

    why you don’t own it free and clear……………..


    because you must pay property tax…………….and if you don’t————why the state can take it away and throw you out on the streets………….

    you are 65, 70, 80 years old,,,,,,,,,,,,,,,,,can’t work anymore,,,,,,,,,,,,,,and you must pay PROPERTY TAX………………

    Oh, I know you weren’t smart enough to save money to pay PROPERTY TAX in your senior years……………….

    WTF. Is that all about?????????????

    Warren Buffet who thinks property taxes should be raised. OK? Thank You very much…………

    What about getting rid of property taxes all together? Jee, if a state did that, what would happen to that state? Would people move to that state? Wow, a person could actually own a HOUSE?

    How Come nobody talks about this????????????

  16. I appreciate your insights,tn—I just don’t understand why you don’t accept and/or acknowledge the fact that these housing/mortgage industry crimes are unprecedented—like the fact that millions of unsecured fake mortgages continue to be portrayed as somehow “secure”…

  17. “Why here?? To shoot down objections to financial interest.” hardly. in fact, if you would all forget about standing and real party in interest and focus solely on uppercase/lowercase, ultra vires/unconstitutional, and some of the other snake oil propagated here, then that would make my life much simpler.

    i’ve tried several times to discuss a well drafted complaint, how to state a claim upon which relief may be granted to survive a motion to dismiss, and bankruptcy strategy. each time i get shot down despite having offered useful advice. people don’t want to discuss these things ratioally. i can only assume that the main 5 or 6 commenters have experience that eclipses my own in the fields of bankruptcy, foreclosure, and trial experience. i only hope to be invited to the christmas open house at the law offices of cubed, tolle, anon, and carie

  18. no Anon, no financial interest. in fact, doing defense work pays better than non-judicial foreclosures do. try again. you’ve all worked so hard to discredit me in this thread. does that mean you seriously disagree with what i said? do you really think the crap about lowercase/uppercase on deeds and flesh & blood stuff has merit?

  19. carie

    Tn likely has financial interest. Why here?? To shoot down objections to financial interest. Do not think tn will deny.

  20. Enraged~ Regarding your query of Oct.11th…”How on earth does a person engender 3 Foreclosures?…I have had 3 foreclosures in as many years on the same property. All went thru State Mediation, and 2 were thrown out by the mediator. The 3rd was allowed to proceed, which has been appealed by my Attorney. We are now awaiting an appeal date, and after the local weary Magistrate throws it out we will move on to Supreme Court….and incidentley, I have not used a credit card in 5 years either…and won’t. Good luck to all who continue to battle with their servicer, and many Thanks to all who offer both their stories and excellent strategies…

  21. Enraged~ Regarding your query of Oct.11th…”How on earth does a person engender 3 Foreclosures?…I have had 3 foreclosures in as many years on the same property. All went thru State Mediation, and 2 were thrown out by the mediator. The 3rd was allowed to proceed, which has been appealed by my Attorney. We are now awaiting an appeal date, and after the local weary Magistrate throws it out we will move on to Supreme Court….and incidentaly, I have not used a credit card in 5 years either…and won’t. Good luck to all who continue to battle with their servicer, and many Thanks to all who offer both their stories and excellent strategies…

  22. Take what I say with a grain of salt, you either know, or will learn, or don’t want to know.

    Jacquie Figg, very well put. When I saw someone could interfere with the obligations of contracts and insert themselves without an assignment into my agreement and steal my property, I knew there was a master plan.
    The world is a ‘legal’ world. All words are ‘legal’ words.
    You hit the nail on the head when you discussed their inability to do anything in upper and lower case. No filing, no check in a check book, no license (driver’s or otherwise), no employee id (employee check), no titles (including car), etc can be made in upper and lower case. The legal system had taken over the country and anyone that did not participate would usually, in my opinion, get sued and forced into their courts and in front of their God (judge) and based upon that decision of their (God), one could lose everything and there is no one to appeal the decision to, that we can easily find and ask for their assistance, except our own One Infinite Creator and await that judgment day.
    I have learned how they tricked me out of my inheritance, and have tried to properly identify ‘who I am’ in transactions involving property, only to be refused access to property. I once attempted to purchase a car and identified my ‘true self’ in their documents. (I won’t get into how, but One must know who they are and how this Game is played in order to do this in Light and Love). I signed the main contract and the finance manager looked at me and said ‘No’, they will not accept this and refused me the purchase.
    Now this was ‘after’ I put a down payment; ‘lawful money plus a postal money order’, and after I qualified based on income which I low balled the amount because I just wanted a car, I was not trying to get the most I could afford to get, I just wanted to get something to go from point A to point B. If you tell them what you make, they may try to push more on you than you want. I decided to control what they’d push and it was a 5 yr old used car with 78,000 miles on it.
    So I qualified for financing on less salary than I made. I had a fraud foreclosure on the Credit report and still qualified. They even asked to see the payroll stub and I provided it, so they knew I low balled the amount I told them I made. The only reason I could not get that car is they did not want to deal with the real.
    They like to push words like persons, individuals, man, woman, child, being, guardian, parent, agent, representative, and such, but those words have legal meanings are lesser than the animals that crawl on the surface of the planet. An animal is at least alive and worth saving or protecting. A person is not living to them. An individual is not a life worth protecting to them. Both by definition are ‘things’ that have no value or purpose unless someone stands behind them and gives them value and purpose. They get the living to agree to be called those terms that are ‘things’ and then punish you for doing so. They punish you for not knowing who you are ‘in their world’, and in the process they take from you because everything you do is done by agreement (that’s why they need the signature). They do not, in my opinion, disclose to you anything about what you’ve done, and usually the one pushing the contract does not know they are participating in the fraud.
    In my opinion, the reason Jacquie Figg, above failed even in Bankruptcy, (it appears one of the foreclosures was within a bankruptcy) is because there is a Trustee over the bankruptcy, and they know all the accounting that belongs to the living and, in my opinion, will clear out that account; leave you with nothing and after a while your employer can’t pay you if there is nothing there in the account to offer to pay.
    There’s no need to cry over spilled milk, we cannot let someone do the homework for us. The Christ Conscious tried to tell the people, but most were interested in only knowing the ‘answer’, not how they got there and how to make sure they protected others who were unaware. Inherently, people are lazy. If I talk to people about this, they get bored, they just want to ‘get it over with’, they want the ‘quick remedy’. The Christ Conscious had 12 that were willing to study and learn. From my observation, there are many trappings in this current setup. Even if you succeed in one, a new challenge will face you and you’ll be ill prepared to overcome because it’s like ‘cheating’ on a test. You either know or don’t know. Cheaters can pass the test, but can they apply the core knowledge for the subject matter such that any deviation can be managed when faced with it, and not specifically what was taught in class.

    Light and Love,
    Trespass Unwanted, life, corporeal, allodial, free

  23. @ carrie…..I agree!

  24. MD—I believe they have no right to your property if they cannot show you a ledger with a balance sheet showing conveyance of all of your payments to an actual “mortgage”. This is the proof that all you got was a “line of credit”—-masquerading as a fully “funded” loan…

    Unsecured debt…obtained by fraud behind the “scenes”…

  25. @tnharry title audit shows corrupt and unmarketable title….I think they would have foreclosed if they thought they could resell this house…

  26. @tnharry… Second mortgage refuses to show proof they have right to be servicer other than some computer generated copies…all info from them says they are a debt collector. They tell me NO one has ever asked them for proof they have a right to collect the debt. Sorry, but that’s laughable. They got pissed at me today for continuing to ask and said they are going to write off. They say I’m in default $800 on a $23,000 debt. They are servicer for RBS citizens…County records shows no transfer to them as a servicer. RBS citizens filing is all corrupt by MERS.

    First mortgage is also MERS and is stated to be an American Wholesale Lenders Loan….Chain of events at county court or records is all broken up….Mortgage and note not being transferred together. First mortgage basically stopped contacting me when I disputed the debt with them in July….First mortgage is BOA….They played good bank bad bank with my loan…Transferred back to parent Co after being at BAC. Now back to BOA NA so they say…

    After no contact for quite sometime I did get an odd thing from them in the mail a week or so ago….A letter reminding me that they made me aware of the FDCPA and that they made me aware of total amount of debt for my loan account with them. Stated the letter was not an attempt to collect any debt but said they completed a review of my loan account and at this time there were no additional types of service related fees being assessed to my account as of Sept 11, 2011. Also states that in the future you may receive a discharge in bankruptcy…..Under those circumstances, by operation of the law, BOA NA, will retain the ability to enforce its right against the property securing this loan should there be a DEFAULT under the terms of you loan documents. Makes no sense to me….


  28. that’s a hell of a thing for you to say carie since i’ve given you so much specific advice. if you disagree with what i’m saying, then let your feelings be known by all means. if you’ve sat in court and seen judges buy into the nonsense that was promoted in this post about the “flesh and blood” movement and the lowercase/uppercase issues, then give the author a big round of applause. in my opinion and my experience, it’s a dangerous distraction…

  29. tn, why do I always get the nagging feeling that you really couldn’t care less about helping homeowners—that you are really just here to get ammo for a counterattack—and encourage confusion?

  30. @md – why do you say your title is unmarketable so as to make the first mortgage holder or servicer impotent? is it because of the write off situation of the second? if so, the celebration could be premature since they were superior in title to the second anyway. foreclosure of the first would wipe out the second and clear any title issues. if there’s something else, it could or could not impact the first’s decision. what else is going on?

  31. MD, don’t celebrate: your second mortgagee simply writes off your second as an uncollectable debt but he will sell it (or already has sold it) it to some junk debt buyer for pennies to the dollar, willing to scare the beejesus out of you by simply throwing it into suit.

    Prepare for phone calls at any hours from some JDB using every trick in the book to put pressure on you. Don’t take the phone calls but document, document, document: time/date of the call, the person who called you, what was said. You just listen and admit to nothing and once you have the info, you hung up. My advice would be to ignore their demands until you get served. If they claim having purchased the debt, in most states, they must prove it by producing the amount they actually paid for it. Under U.C.C. too. They never do.

    Once you get served and providing that they did not include any doc showing how much they purchaased it, just do some research and file a motion to dismiss with prejudiceon those grounds. You won’t have to go to court, it will be decided easily and it will be gone forever.

    Now, of course, if you want to catch them with their pants down, you can counterclaim (especially if they made your life miserable for several months) un FDCPA (federal) or any other state status that applies where your live.

    And in doubt, crochetty old man can give you a few pointers. As i said, somewhat of a heart.

    How much is involved in your second?

  32. Jeanette – in response to your question of who the “hell” i am, i am the guy sitting at the opposite table in court and i am the guy on the courthouse steps. Who are you? Are you someone who believes this nonsense about “flesh and blood” and some distinction between capital letters and lowercase letters on deeds? I certainly hope not, and I hope the people visiting the site for their first or second times seeking help to save their homes are not either. There are defenses and claims that work, and there are those (usually promoted by the more fringe elements) that do not. I’m a big fan of the shotgun approach of including all the defenses you can think of. But when a judge sees some of these militia/free men ideas, they oftentimes just shut down. And the attorneys on the bank side chuckle and prevail quickly. So yes, i get frustrated when Neil “checks out” and allows nonsense to be promoted to the masses. If just one homeowner tries to use this crap posted today to save their home and fails, then this site has done a huge disservice to you all.

  33. @ enraged….I agree with your statement, “Regardless what we do, we still end up hostages while waiting for things to unravel…

    @ carie….like you my servicer BOA NA has stopped contacting me…

    My second mortgage servicer…Whom supposedly told me today they were going to “WRITE ME OFF”. Maybe I should dance and celebrate!!! Why file BK??? The title on my home is unmarketable which basically lets my first mortgage know they can’t sell it and is also the very reason why they never tried to convince me to short sell…..In a nut shell I’m basically waiting for things to unravel……

    I agree enraged….sheesh!!

  34. Jeanette,

    Don’t mind tnharry.

    He’s a crochetty, bitter old man with a serious ax to gring against the whole world and an overinflated ego but somewhat of a heart. When he puts down his pipe long enough, he can actually come up with a few good insights. So don’t mind his mean strick a mile long: it’s all for show.

  35. so sad that the Liberty Tree has to be watered again;unless we can reclaim our-OUR world from the banksters and our minds from brainwashing/conditioned responses…PRS..problem~reaction~”solution”…history repeateth…pay pay pay pay pay pay forever..debt slaves… after all is”their” planet…right?

  36. tnharry who the HELL”are” you anyhow? law is a funny thing
    evil too may don the Mask of”law”
    sorry I forgot the Latin,in gov skool they insisted i ace Conversational French…lovely language but not much use with liars er lawyers er shysters…
    in the House or the Senate.

  37. Hey Jamie, pal, prepare to pull out your check book: NYC have already spent 1.9M of the 4.6M you gave them.

  38. I think we’re getting to the point where… we don’t have enough money left in this country for the kind of bailouts needed to salvage the culprits.

    Enough of that agony already! Be dead and buried, for Pete’s sake! And on your way out, grab JP Morgan, BofA and Wells, will you?

  39. By the way, Carie, how is it going? Still not heard from your servicer(s)?

    As I said, I went on the attack with an attorney over a year ago but the court system is soooo slow, it’s still weary. And I am more and more viewing that damn house as the one thing that prevents me from picking up and moving on! Regardless what we do, we still end up hostages while waiting for things to unravel. No matter what we do, they keep stealing our lives one way or the other.

    I wish things would just blow up and we could start rebuilding instead of what I anticipate will be peace-meal measures intended to make the least waves possible for the banks while giving the appearances of magnanimity for us, poor bastards caught in the insanities of others’ greed.


  40. I know, I don’t like the guy either—but to bring his race into it is just stupid.

  41. Carie, I don’t think it has anything to do with racism…

    The guy is a dangerous moron with bad faith the size of Texas. He portrayed himself as “enlightened” in his book and he did show his true colors in that now-infamous O’Donnell interview. Not just one; all of them!

  42. Wow—that’s mighty racist of you…? Pun? Gross.

  43. Herman Cain has shown his true colors (no pun intended, unless you care to insert your own) now, by defending the banks and Wall Street. Rule of law does not matter.

  44. Took me 23 years of America before being suckered into that credit rage (I didn’t grow up with credit and never touched it for 25 years. Paid everything cash. Did without what i couldn’t afford and never felt resentment for not having as much as the Joneses. Actually, the Joneses were so obnoxious with their “in your face” that they never were part of my entourage… And I .lived very well without them, thank you very much).

    And then, I caved in. All at once, I purchased a house and a car, absolutely certain that I could pay both with my very (very) good salary, while putting my kid through college. Lost the job, became self-employed. We know the rest. Lost the car and kept the debt I still haven’t repaid, in the hopes that some JDB will buy it and go after me in court: I’ve already fought one JDB and won. I probably can fight another one and win again. I learned from my mistakes.

    Got in trouble with the house and started seeing all kinds of fees i never knew existed. Worked with the bank as well as i could (actually, I did. Problem is: the bank wasn’t working with me…) Paid back the arrears and still was seeing fees, month after month. Until the time they started “losing” my payments. Once. Twice. Three times. Got everyone involved: the bank employees that I pestered day after day for an entire year, BBB, my AG. They “found” my payments but never gave me back the fees. I researched, realized that the bank was nowhere on my paperwork. No recording of any transfer. I read, read, read. I QWR’d everything in sight. And the bank(s) ignored me. So… I stopped paying and went on the attack.

    Learning from my mistakes. It’s called “life”. Haven’t had a credit card in 5 years. Refuse to own one: humanity has existed for well over 200,000 years and credit cards only appeared fifty years ago. Humanity did very, very well for a very, very long time without. Back to basics, then. Our ancestors obviously knew something we’ve lost…The banks chase me down every day, begging me to get one of their credit cards. I won’t. They threaten and tell me all the horrible things that will happen to me if I don’t get a credit card to “rebuild” my credit. I won’t. They cajole, they offer to bribe, I still won’t. Simple. People only need credit to buy on credit. I’m not going that route again.

    So… my question to the author of that long post today is: How on earth does one get foreclosed THREE times? If people speculated to buy two, three, four houses and got overextended, it was a risk they were taking knowingly. One mortgage is enough to carry. Even if I didn’t function with 100% common sense, the little I had told me that much. Two mortgages at once becomes insane, in my views. And if people lost their house, bought a new one, lost it again, etc., then… I believe it is called stupidity: keeping on doing the same thing over and over while hopping each time for a different result.

    What gives?

  45. Wow Neil. Really letting the inmates run the asylum today, huh?

  46. pretty sure “renters” cant own firearms! SUPRISE!!!!

  47. you voted for change…so obama holds out his hand with a quarter and says
    “heres your change — chump” !
    fuc u obamanation!

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