The Temporary Restraining Order (TRO): Stopping the Sale OR Stopping the Credit Bid

CHICAGO SEMINAR TAKING SHAPE FOR END OF OCTOBER. CALL CUSTOMER SERVICE NOW TO RESERVE YOUR SPOT. IT IS GOING TO BE CROWDED. THE TITLE IS “FAKE SECURITIZATION AND REAL FORECLOSURE DEFENSE.” CALL NOW AT 520-405-1688.

As I consider the implications of the white paper from the blog yesterday, I started thinking about different procedural matters that are the likely subject of objections that could be sustained by a trial judge and would most likely be affirmed by an appellate court.

As for the authority of the BKR judge, the appropriate objection would seem to be that the court is not really a court and that the hearing is not an adversary proceeding, which means that the BKR judge is there to gather facts and rule on minor issues concerning some of the evidence but not allowed to make a dispositive ruling on anything that would mean one side wins and the other side loses.

The objection, depending upon the exact circumstances and what the Judge wants to say would be that with all due respect to the judicial system, this BKR “Judge” does not have authority to try a case and therefore can’t enter a final order or final judgment — something left entirely to the tenured federal district judges.

The objection would state that the most the BKR Judge can do is issue recommendations along with the reasons for his recommendations. But there even is even a question as to what rulings on the admissibility of evidence are within the power of a BKR Judge.

Then as I was doing the ghost writing and recommendations for an attorney in Northern California, I realized that there were two primary lines of attack in pursuing a TRO. One line of attack is the usual objections to lack of evidence etc. along with the dual tracking where modification is started but then never finished and the homeowner is dumped into foreclosure — something expressly prohibited by the Dodd-Frank Act and the CFPB.

Yet another related attack is also introduced given the fact that the non-judicial process, like bankruptcy doesn’t have any place for a full hearing on the merits of either the claim or the denial of the claim and neither the trustee nor the BKR judge has the power or the time to conduct a hearing in which real evidence is proffered with proper foundation from a competent witness, cross examination and so forth.

This last points yields the interesting yet absolutely crux of the matter — even if procedurally the trustee and “beneficiary” prove they have the the power to continue with the sale, they have not proved that the “beneficiary” is a creditor under state statute and therefore they have failed to establish their right to submit a credit bid. Believe me, if the bid had to be in cash, there would be no sales. It is the credit bid that is the Achilles heal of the foreclosure process. Procedurally it may be challenging to stop the foreclosure sale, but practically it is not hard at all to block a party from entering a credit bid or attacking the sale on the absence of consideration.

Under the principles of Deny and Discover, which is getting increasing traction as more lawyers are following what I have suggested, the entire claim is denied and in discovery, or even for the actual hearing, a subpoena is issued to the “beneficiary” to show all financial transactions starting with the origination of the loan up to and including the present. Unless the beneficiary can show it is also a creditor because they would lose the money they paid out for the loan, then they are not entitled to enter a credit bid.

In discovery you don’t want what you know they already have or could fabricate for the hearing — documents of assignments and endorsements, allonges etc. all of which are fake, fabricated and forged.

What you want is discovery or by subpoena at the hearing is the cancelled check, the wire transfer, the ACH entry, all of which have digital entries and counterparts throughout the financial system and can’t be faked, as far as I know, even by the biggest guns on Wall Street. I know this because I  have a business processing debt and ATM transactions. I know how, why, who and when money actually exchanges hands and how the Federal Reserve, account processors and other parties KNOW when a financial transaction is complete, to wit: when the money has exchanged hands without any caveats. Ask for these, and you will most certainly settle your case. The reason is simple — there is no such money trail and at that point the entire stack of fake paperwork starts to stink like fish after three days in the hot sun.

56 Responses

  1. The lender (or table funder) deposited (wire transfer) the funds into the Title Company’s account before closing. The Title Co was separate from the Escrow Co. The reason I bring this up is Neil has stated that there is no money trail. Would this wire transfer constitute the beginning of the trail?

  2. Tia, your statement is confusing. The lender (or table funder) must always deposit the funds into Escrow at the Title Company before closing, usually by wire. So yes the Wire would show it going to the Title Co to disperse on your behalf thru the escrow. I’m not sure what you mean by “forwarded the remaining funds to escrow”. Can you Explain?

  3. I refinanced my 1st and 2nd mortgage and my loan was securitized. I have actually seen the bank statements showing the wire transfer ifrom the Lender on my deed of trust to the title company who received the wire transfer in the exact amounts to pay off my previous loans and forwarded the remaining funds to the escrow company. So Neil, how do you explain this?

  4. It comes down to the day people wake up and realize exactly how much has been stolen from them by the Govt Corp. For me it was the forced loss of our business when Wachovia “folded” and the Wells Fargo gang pulled our small business credit line after 25 years of paying all of our bills on time…That lead to our loss of income, wealth, health insurance, commercial property & our home fraudclosures. It all depends where we as individuals will say this is all b.s. and we draw the line.

  5. E Tolle …you wish I would vaporize and therefore the truth about these scammers would as well. The truth about the insolvency of the FED, State & Local Govts is what the politicians & their minions are trying to keep covered up. It’s not going to happen. You can only rob the sheeple for so long and then the truth will be revealed……that We the people were robbed of everything by the politicians & the FED CORP….AKA THE GOVERNMENT CORP….We were robbed by the very people we entrusted to protect our livelihoods, businesses, wealth & property…….Then Obama and all of his fairytales about how he tried to “save the middleclass” will be reveal he is not just working for the communist control freaks….he is a communist control freak….a dictator….That day can’t come soon enough for me. Romney’s not perfect but that dictator Obama needs to go..as well all of his minions & cohorts in both parties. One term of these jerks is enough…

  6. Wounds? What wounds? And lick them with what? He head is gone…

  7. @Enraged … I see Jamie Boy walking around licking his wounds. I also see a Big Lump stickingup from his carcus. Is that you? You Thorn ..You! Deeper! Dig In Deeper! *giggles*

  8. ToLLe,

    Jamie boy beheaded with a handsaw… Now that’s an idea to really relish! I can see it as though i was there. I’ll sleep on it like a baby tonight.

  9. E Tolle ….I guess you don’t get George Carlins sarcastic brand of humor. He is using the example that the religious principles and values that they induce upon all of us, don’t apply to them, but should. I agree. These crooks like to create the victims and then blame them when things go sour. I agree with George….let the games begin….

  10. @ Ivent said, “Funny George Carlin video to lighten the mood….”

    A measurable mood lightening would wash over the crowd if you’d discover your delete button. You remind me of the guy on every street corner in every small town down south holding a bible in one hand a wagging his finger in the air with the other. Your incessancy on issues we all know you have no background in and therefore no real understanding of make you appear all chicken-little like in your rantings. You must be losing feathers hourly with your vapid keystrokes.

    If you expect anyone here to see the light and reform their errant beliefs due to your shtick, you’re not going to get far with this bunch. It’s a tougher crowd than that.

  11. Funny George Carlin video to lighten the mood called…”Death Penalty”… Warning it is adult humor….

  12. The truth is….the American people were set up to fail by traitors from within by our foreign enemies. Pass through accounts & trusts were all a farce. None of that stuff ever existed. These crooks don’t pay tax anyways.

  13. I forgot to add the most mportant part of the equation….the FED never paid back the ORIGINAL LOANS THEY BORROWED FROM THE TRUST FOR THE AMERICAN PEOPLES MONEY…..THE U.S. TREASURY…..BEFORE WALL STREET SOLD THE QUADRILLION DOLLARS IN CREDIT DERIVATIVES…..THERREFORE….THEIR IS NO LEGAL FIX FOR THE ORIGINATION FRAUD & THERE IS NO MONETARY FIX FOR A QUADRILLION DOLLARS IN DERIVATIVES FRAUD CREATED BY WALL STREET…OBAMA & CONGRESS SHOULD TELL THE FED & WALL STREET TO PAY THEIR OWN GODDAMNED DEBTS….THE AMERICAN PEOPLE REFUSE….BECAUSE THE FED & WALL STREET HAVE QUINTILLIONS OF ILL GOTTEN GAINS HIDDEN OVERSEAS..

  14. The TRUTH IS… foreign IMPOSTERS have hijacked the U.S.A via a massive fake money lending/credit scam by the FED…and a quadrillion dollars in fraudulent investment scams sold to them by Wall Street. They do not own the American people or our property because THE AMERICAN PEOPLE PAY FOR EVERYTHING UPFRONT AT THE ORIGINATION….AND THE FED NEVER PAYS THE MONEY THEY BORROW FROM THE U.S. TAXPAYERS BACK TO THE AMERICAN PEOPLES TRUST…AKA THE U.S. TREASURY DEPT….Therefore, all the INVESTORS REALLY BOUGHT WERE GAMBLES…..THEY DID NOT BUY OWNERSHIP OF AMERICA OR OWNERSHIP OF THE AMERICAN PEOPLE….They can thank the FED for never paying back the Treasury for the original loans they borrowed from THE U.S. TAXPAYERS and therefore the TITLE COMPANIES COULD NOT LEGALLY PERFECT A LEGAL LIEN….

  15. THE TRUTH IS……NOT ONE U.S. TAXPAYER should have lost their property, business, livelihood, wealth or pensions because of what these Wall Street crooks did…..These crooks committed a quadrillion dollars in credit/investment fraud with our electronic signatures. They made quintillions from their scam, destroyed our property values, they receive 10 times the value of these properties with credit insurance a few months after the FRAUDULENTLY INDUCED DEFAULTS OCCUR, they got bailed out by THE U.S. TAXPAYERS & STILL ARE…Obama is a disgrace.

  16. The only lunatic at this blogsite who is dropping its own b.s. all over whatever it calls itself is enraged…the foreign imposter who has admitted this several times at this website.

  17. There are some really deceptive, degenerative, compulsive, lying IMPOSTERS who really are stinking up this blogsite. These psychopaths are who really need to go. They are hiding in this blogsite and using the same methods of secrets, lies & deception that were used by these IMPOSTERS to defraud the American people out of everything.

  18. this from anonymous:

    Neil is right about the judges and — about the production of the entire loan receivables account. But, he needs to extend that request to production of documents and receivables, and all records, prior to the refinance in question. He needs to GO BACK to understand why the REMICS were not funded with anyone’s “investment” cash as the debt receivables pass-through were simply pass-through of collection rights to false default debts. He needs to understand the status of his loan — when he refinanced — or when he purchased a home via a subprime/ALT-A loan. And, if new purchase, may even need to go back to the prior owners records.

    The problem you deal with in court, is the Statute of Limitations. However, this is equitable tolling for fraudulent concealment. Discovery in court is difficult — you must do your own work. Most courts will not even allow any discovery as to the ORIGINATION of the current refinance in question. And, that is where he is right as to the judges.

    How to get around — go and get all records — all documents — everything you can — as to what happened before the subprime refinance/new purchase in question.
    You need to go to title agency and get their records. All checks, all discharges, all satisfactions, and you need to get GSE records. Will the judge allow??? Very difficult. But, if you astute at looking at past records, you will have undeniable evidence of fraud. Fraudulent Concealment. Best case in court.

  19. @joann

    Sadly your post is the truth…especially in California.
    The courts seem to be saying in effect:

    “We don’t CARE that this is just collection rights to a ‘debt’ based on highly questionable ‘facts’—YOU HAVE TO PAY SOMEONE MONEY SOMEWHERE…and we don’t give a damn if this entity never lent you any money—you MUST pay SOMEONE in order to live in your house…WE DON’T CARE IF THIS IS ALL BASED ON A LIE…you MUST lose your house if you can’t pay a debt collector—EVEN IF THAT DEBT COLLECTOR IS LYING ABOUT HOW THEY HAVE THE RIGHT TO COLLECT, and even if the debt is unsecured…WE DON’T CARE.

    NEXT!

  20. The lunatic is dropping nervous, frantic, hysterical poops all over the place and it starting to really stink up this entire blog…

  21. I am an American Citiizen speaking out about why I believe these horrors are occurring against the American people. I am sickened by it, and I am equally sickened by the way THE MEDIA IS COVERING UP WHO IS BEHIND THIS ONGOING ROBBERY OF OUR LIVELIHOODS, BUSINESSES, WEALTH, PROPERTY AND OUR COUNTRY…THAT IS WHY THESE IMPOSTERS ARE TRYING TO DESTROY OUR CONSTITUTION & OUR BILL OF RIGHTS…AND THE AMERICAN PEOPLE ALSO NEED TO KNOW WHAT THEIR AGENDA IS…COMPLETE COMMUNISM BY SECRETS, LIES DECEIT TO DEFRAUD THE AMERICAN PEOPLE… THIS IS ABOUT FRAUDCLOSURE….AND SAVING OUR HOMES HOWEVER……THAT IS ONLY PART OF THE METHOD THESE IMPOSTERS ARE USING TO STEAL OUR FREEDOM & INDEPENDENCE ….IT IS ALSO A MASSIVE FRAUDULENT INVESTMENT SCAM….

    CNBC guest today said FORGET ABOUT BUYING GOLD….PRESERVING HOME OWNERSHIP IS MORE IMPORTANT….YOU CAN’T PUT A GOLD BRICK OVER YOUR HEAD………That is where OBAMA FAILED…AND MANY AMERICANS BELIEVE THAT WAS INTENTIONAL…

    YOU CAN’T SAVE DEAD MORTGAGES….WITH MORE DEAD MORTGAGES…IF OBAMA GAVE A SHIT ABOUT THE MIDDLE CLASS HE WOULD HAVE SIGNED INTO LAW BANKRUPTING ALL OF THIS INSOLVENT DEBT FRAUD CREATED BY WALL STREET WHEN HE HAD THE CHANCE…OBAMAS A FRAUD, AN IMPOSTER AND A LIAR..

    CNBC guest on Kudlow just said OBAMA IS CONSPIRING WITH MEDVEDED AGAINST THE AMERICAN PEOPLE….

    TIME TO STAND UP AND SPEAK OUT AMERICA….!

  22. elexquisitor, on September 26, 2012 at 12:49 pm

    elexquisitor….

    Thank you so much for excellent post…..more please

    Using bad rulings like Calvo to advantage makes infinite sense.

    Don’t have time right now but there are some opinions in ca that clarify Gomes too in recent rulings (not that judges quote these cases but nothing is stopping the homeowner from pointing them out……and several re no tender in many situations such as Void not voidable…..or missing identity of Beneficiary, real party of interest, standing ect. also but that doesn’t matter in my county right now. Seems anyone will do because recording not required instead of because recording not required Not just anyone will do… Seems like the federal rulings are better right now.

    Loved this line in your comments…

    .”And questions of LAW must be resolved before questions of equity,”……

    Problem is too many rulings do it the other way as if to say not worth considering the law if you didn’t pay or can’t pay and if underwater (50% drop in value in many counties puts many underwater who were not before) No harm.

    Just saying what you said in that comment could be good to say right before giving arguments re that discovery could show there is equity if still unidentified real party of interest provided the true accounting ect. Any statute or code or judicial hanbook or procedure that relates to your comment above?

  23. My God Elaine Williams….! I have a right to speak out about the way I feel as an American Citizen about these crooks & imposters…. You and others don’t have to agree, however, if you really understood what these crooks are trying to accomplsh you would certainly defend my right to say it…I say it like it I see it. Now, you may disagree but, if what if what I say is too much for you and a few others to handle than you may need to up your medication levels or don’t read my comments. This is not commie China or Russia..BTW… I don’t believe in meds..THEY BLUR THE LINE BETWEEN TRUTH & REALITY….and ruin your health.

  24. Oh.. yeah…. just to let you know, your at the Wrong Party, the Pitty Pary is next door and they are serving up BS, maybe you can Cater it and make a buck while your at it. Dont let the door hit you in the carcus on the way out ……….

  25. I Grant Elaines motion …. Ivent you get moved to the back of the class to take the quiet seat. Tissues are on the Left and the Whine Cork is on the right.

  26. God God Ivent! Get your prescription refilled, stay on your medication and off of this site. Your drivel is taking up valuable space and no one is really reading it – CAPS and all because it’s too annoying. Most of us are here to get valuable information not your insane rantings. Please just cut it out.

  27. In my case in CA, the first attempt at a TRO was with an attorney. The judge came back with a requirement of a bond, and provided unreasonable conditions for securing it.
    When I refiled the complaint after the BK stay, I focused on the reason why I had reasonable doubt of the beneficiary interest because of a difference between my copy of the note and the copies provided by Defendants and the delay in answering my QWR. This is why the CA QWR under Civ Code 2943 is so important. IT RAISES A QUESTION OF LAW – does the court have the right parties subject to its jurisdiction? And now that the Calvo decision is out, it is almost automatic that the beneficiary’s interest is questioned since no disinterested third party guarantees a recording any longer of the trail of beneficiary interest of deed of trust notes in CA. And questions of LAW must be resolved before questions of equity, such as a TRO bond requirement, can be considered. This is my theory as a pro se litigant, anyway.
    And if you question the beneficiary interest (because of Calvo you really don’t know), and whether default insurance has already paid an alleged beneficiary, the CA courts have a difficult time justifying an equitable requirement of a bond, especially if you have sufficient equity in the property that no damages would accrue to the beneficiary if you lose your case.

  28. CNBC reporting American Consumers hit with $31.5 billion in overdraft fees by banks in 2011. More proof the FED/WALL STREET theft of our wealth by their massive fraud by use of their financial weapons of mass destruction that has fraudulently destroyed the U.S. ECONOMY just continues to make the criminals wealthier and the American people broker.

  29. @Carrie. I have been following your posts throughout my suit and what you say seems to be holding true in my situation. Just wanted to thank you for your posts as well as everyone else’s. There is helpful information in everyone’s input here and know it helps me to take it and apply such to my individual case and situations (parties,etc.) Thanks again to all.

  30. The media reporting more Americans believe the BIG LIE ..that Obama cares more about the middle class more than Romney…they should go SEE for themselves what’s going on in foreclosure court and what is going to happen to them when they lose their livelihoods or pensions because of OBAMAS ONGOING BAILOUT OF THE FED….then I want to hear them say that.

  31. “In discovery you don’t want what you know they already have or could fabricate for the hearing — documents of assignments and endorsements, allonges etc. all of which are fake, fabricated and forged.What you want is discovery or by subpoena at the hearing is the cancelled check, the wire transfer, the ACH entry, all of which have digital entries and counterparts throughout the financial system and can’t be faked, as far as I know, even by the biggest guns on Wall Street”

    Thank you Neil.

    Courts in my state (reading the tentatives just in my county is eye opening and very disturbing even as a few great rulings in the state still occasionally happen – the good ones are never citied by the judges – they love the really toxic ones as if these are better than gold and take precedent even over the actual statutes an codes) are likely to prevent any wrongful foreclosure case from proceeding especially after a sale as in….you didn’t pay….”.they” no matter who “they” are get the house…if “they” are the wrong “they” that’s between “them” and you weren’t harmed……maybe we will consider your claims if you tender the whole loan amount, otherwise forget it. Nothing has to be recorded and robo signed is no big deal…you were’n harmed…. Swift non-judicial is perfect system. Move along now – nothing to see here…… If you paid the wrong “they” on time for years that is also between “them” and you weren’t harmed. UCC, true creditor, beneficiary or lien not paid in the sale….irrelevant. Monetizing or altering the note say what? Your signature was worth money and they owe you….uh huh…they took a tax write off so what…. Also not buying any suggestion that the amount owed the true creditor is less than what your servicer/collector says it is – and by the way he is welcome to the house too. You are a deadbeat…got it?,,,,,Quiet title no way no how. Expunge defective instruments or void an instrument – never. Refund your money or pay damages not in your dreams…. No windfalls to homeowners. Case dismissed with prejudice.

    Nonetheless as above I wish to try even if just for the record…..seems like the more homeowners who do this the better…..history will remember these days if nothing else……pretty articulate about quoting the laws….how these judges sleep at night is beyond me…..and of course I don’t intend to say that to them… just in their face simple quotes of the laws re my specific case and the workarounds to the toxic cases quoted by a very few other judges who distinquish specifics not just using broad sweeping over and out you lose opinions…..anyway the question is if you have servicer, dot trustee (not even substitute in this case in spite of assignment to trust) and indentured trustee for the trust bank as in assignment in the mix and plenty of docs obtained from the title co…….which one of these guys do you “compel” or “subpoena” the “cancelled check” “wire transfer” and the “ACH entry” which do you serve the production of docs on?…..and is there anything to add to the list if it was a refi?

  32. I agree with carie…these entities who claim to have a right to take money or property from us because they lent us money or invested in this fraud are ALL IMPOSTERS ….LIARS AND FRAUDS BECAUSE OF THE ORIGINATION FRAUD….THESE IMPOSTERS HAVE NO LEGAL RIGHT TO TAKE ANYTHING FROM THE AMERICAN PEOPLE….!

  33. ……and I wouldn’t vote for Obama if he came to my door and told me he would pay me …In fact, I would not let him in….in fact I wouldn’t even open my door.

  34. @davies910

    Thanks for posting that. Good luck.

  35. NO…LET ME TELL YOU SOMETHING MN…YOU ARE EITHER COMPLETELY BRAINWASHED OR YOU HAVE SOME OTHER AGENDA….THE FED & WALL STREET ARE A FRAUD & THE GLOBALISTS HAVE USED THEM TO ROB US, OVERTHROW US AND CONTROL US…THEIR CURRENCY & INVESTING ARE ALL FRAUD…LIES & DECEIT…TO FRAUDULENTLY CONTROL THE MASSES…

  36. “…With any debt collection — if the creditor is not identified (original to current) — you do not owe the debt to anyone. . Cannot pay anyone you do not owe. Cannot not emphasize enough — if wrong party is identified– you are never credited for paying — money just goes into a “Rabbit Hole.” And, with subprime refinance — these were just mods of already classified (default) debt — thus, not Notes at — unsecured. In fact, with any charge-off — unsecured debt.

    Reading testimony from former default service processor in NJ — in Re Mortgage Foreclosures (March testimony) — as soon as “loan” goes into default — the servicer outsources to a default servicer. Thus, no servicer can even testify to information — hearsay — and, default servicer testimony is also hearsay — because where did they get info from? Do you really think default servicer advanced any payments?? NO.

    The most you get from any debt collection is who THEY think is the original creditor — (not necessarily the original creditor) — but, you will get no where near as to identify of the current creditor. Fannie does not operate as a trustee — Fannie may have been an “investor” — but questionable — as to current creditor. Although Fannie/Freddie may currently be having trouble disposing of charge-off collection rights — due to volume and market crisis — F/F easily did so in past…”

  37. Mn……I said FAKE MONEY LENDING……NOT FAKE MONEY…THOUGH THE FED IS COUNTERFEITING…..I AM AN AMERICAN CITIZEN …LIVING UNDER THE ORIGINAL U.S.CONSTITUTION…I AM WELL AWARE OF ALL OF THE FRAUD THESE IMPOSTER HAVE COMMITTED TO TRY AND DESTROY THE ORIGINAL U.S. CONSTITUTION & THE U.S. BILL OF RIGHTS….HOWEVER IT IS ALL FRAUD…..AN EMINENCE FRONT….A PUT ON….I AM AN AMERICAN LIVING UNDER THE RIGHTS AND PROTECTIONS AFFORDED ME BY THE ORIGINAL U.S. CONSTITUTION AND THE ORIGINAL BILL OF RIGHTS….THEREFORE….I REFUSE TO RESPOND COMPLY, PARTICIPATE OR CONFORM TO THESE DICTATORS OR THEIR FRAUD….!

  38. “Certificate purchasers” are the banks themselves (security underwriters), and they only purchase a “pro-rata” share to a “pool” of cash flows —- that is all — they are NOT the mortgagee/creditor—the trust is assigned the loans from which the pass-through cash flows are derived—it is the DEPOSITOR (subsidiary), that owns the collections rights (they are not mortgage loans), and the Trust itself. The “certificate purchasers” (the bank security underwriters (another subsidiary) themselves) then repackage the certificates to “pro-rata” cash flows into CDOs that are marketed to security investors — who are also never the mortgagee/creditor. According to all PSAs — there must be a documented valid sale of the “loans”, with supporting Mortgage Schedule to the Depositor in order for any Trust to be valid. There was never any valid sale of loans — and the loans were never actually loans — they were collection rights.
    Since the “loan” refinances (subprime/alt-a), AND jumbo new purchases were non-compliant and non-performing manufactured defaults, no funding at all was necessary (except for the cash-out for the loans).

    The warehouse lines of credit NEVER actually transferred any actual cash for funding. These lines of credit were simply “credit lines” that the “Depositor” would provide to their correspondent lenders. Once the “loan” refinance origination was completed the Depositor would then reverse the “credit” owed by the correspondent (originator). This never involved any actual deposit of cash proceeds —- the “funding” payoff check is never “deposited” into any bank account. The check is routed to a security derivative clearing house — who then simply CANCELS the credit-line transaction.

    It is not productive to state that since someone else was actually making payments on the “loan”, “albeit” not the borrower, that the loan is not in default. Courts do not care about this — they only care if the borrower is in default. However, if the actual party does not come forward claiming that the debt is owed to them, and the actual party cannot prove HOW they came to own the collection rights — borrower does not owe the debt to anyone. That party is never going to able to demonstrate that collection rights belong to them because they would have to divulge the above fraudulent process and that the “mortgage loan” from onset was not a mortgage but, instead, collection rights. This admission would also mean that the “debt” is unsecured and can be discharged in BK.”

  39. Thank you mn.

    She’s been called on her useless rants over and over by people who have something to contribute in terms of information. Maybe she’ll end up getting it. I, for one, am done wasting my time on her utter nonsense. And keep in mind that people like her are a dime a dozen. Some representatives of a once-great country!

  40. Wednesday 26 September 2012

    Let me tell you something, Ivent…you do NOT live under the original constitution, and for your information, the Bill of Rights ARE the first 10
    amendments of the original constitution, something which appears to be lost on you, as you claim to live under both, inaccurate as you are in two presumptions you asserted.

    My guess is that you are a United States citizen, of the 14th statutory amendment ilk, and you have NO rights, only privileges, and those can be revoked at any time.

    For certain, you are a ranter, using other people’s words/ideas and little of your own. You should know that Americans can be Americans and be what you label “Globalists,” although I have no clue what that means, at least according to you.

    Quanity of content does not mean quaility of same, as you clearly demonstrate.

    What is fake money? Do you even know what “money” is?

    My questions are rhetorical. so do not bother attempting to answer.

  41. “I AM an American citizen living under the PROTECTIONS OF THE SUPREME LAW OF THIS LAND…”

    So? So am I. So are 320 millions Americans. And we don’t spend our energy trying to suck the joy out of everyone else’s life and proving to the world over how American stupidity can manifest in certain people and how limited, ignorant intolerant, bigoted some have become… No wonder the world hates the American people and wants to destroy this country. All it has to do is read your idiotic, uneducated, inflammatory prose. Stay as you are if it rocks your boat. And let’s see how it works out for you in the end.

  42. Thats right enraged….as an American Citizen….I am enraged that fake money lending to the American people by THE FED , fraudulent investing via WALL STREET by these GLOBALIST IMPOSTERS posing as Americans……THAT GIANT CREDIT SCAM OF THE AMERICAN PEOPLE…is being used as a secret commie control mechanism by these control freaks…it is HIDDEN FOREIGN ESPIONAGE….!

  43. Guess what Enraged….I AM an American citizen living under the PROTECTIONS OF THE SUPREME LAW OF THIS LAND….THE ORIGINAL U.S. CONSTITUTION AND BILL OF RIGHTS…..THIS IS HOW I FEEL….GLOBALIST IMPOSTERS HAVE HIJACKED AMERICA UNDER MANY GUISES BUT MAINLY FAKE FED MONEY LENDING AND INVESTING SCAMS VIA THE FED & WALL STREET….TAKE YOUR MONEY OUT OF THE HANDS OF THESE GLOBALIST IMPOSTER FRAUDSTER COMMIE CONTROL FREAKS AMERICA…..!

  44. Romney is a GLOBALIST in the sense that Romney, like Bush takes advantage of the Globalist methodology to benefit himself and his friends. Where Obama differs from Romney is Obama is a GLOBALIST who uses GLOBALISM AS a METHOD TO WEAKEN AND COMPLETELY CONTROL THE AMERICAN PEOPLE..TO CREATE COMPLETE COMMUNISM…..Both are highly deceptive & destructive, however, I believe Obama is an absolute and total control freak.

  45. What the hell is wrong with you?

  46. RICK SANTELLI JUST SAID IT ON CNBC…IN AMERICA…. INVESTING SPEAKS LOUDER THAN WORDS…Mr Santelli said….FORGET FOLLOW THE MONEY……FOLLOW THE INVESTORS….! I could not agree more…!

  47. Enraged….YOU DID NOT GET IT….did you notice the picture is of Obama with Romney superimposed on Obamas face…? Karl’s suggestion is for the AMERICAN PEOPLE to TAKE OUR MONEY OUT OF THEIR HANDS BECAUSE THE TWO CANDIDATES ARE DUAL IDENTITY IMPOSTERS….THEY ARE GLOBALISTS DISGUISED AS AMERICANS WHO DON’T GIVE A DAMN ABOUT US….I agree with Karl…these two candidates are of the same GLOBALIST ideology…however, I believe Obama is a complete communist and Romney is not….I believe Obama is an EXREMIST in his desire to create complete communism of America but is dangerously deceptive.

  48. CNBC reporting the names and faces of the millionaire donors to Obamas campaign. No surprise, they are the top GLOBALISTS moguls in finance, healthcare and media. The American people should be watching a lot more of the financial channels. CNN, MSNBC & FOX just don’t tell the American people what they need to hear..that these are the Globalist IMPOSTER theives like Bill Clinton who put us here and Obama is one of them. Their loyalties are not here in America, their loyalties are to the Global Initiative…Their disguises are deceptive and innocent sounding…. GLOBALISM and ENVIROMENTALISM….THESE ARE 2 BIG DECEPTIONS… in which they are using to gain Complete Control of everything we do by our foreign enemies. These people are IMPOSTERS posing as Americans who have hijacked US from the INSIDE and are stealing our wealth from the inside by FAKE MONEY LENDING and FRAUDULENT INVESTMENT SCHEMES. THEY GIVE NOTHING BACK TO AMERICA BUT THEIR DEBT…. They are all DUAL IDENTITY SCAMMERS…LIKE THE GSE’S …AND THE BANSKSTERS…THEY ARE POSING AS PUBLIC, PRIVATE, AMERICAN INSTITUTIONS…THEY ARE NOT…THEY ARE IMPOSTERS ….FOREIGNERS WHO ARE FULLY FUNDED BY WE THE PEOPLE VIA FED & WALL STREETS WEAPONS OF MASS DECEPTIONS…AND FINANCIAL MASS DESTRUCTION……Words like SECURITIZATION and DERIVATIVES are code words for FRAUD….

  49. BOMBSHELL- SECRET OBAMA SPEECH ACCIDENTALLY LEAKED TO PUBLIC! (MUST READ)
    September 26th, 2012 | Author: Matthew D. Weidner, Esq.

    The inadvertent release of a secret speech by the White House reveals the true depth of collusion and corruption between the US Government, the banks and Wall Street. They don’t want you to read it because the speech reveals…in chilling and terrifying detail….just how deep the collusion and treason goes. The speech reveals a terrible truth that we all know but cannot yet confront…that the Wall Street criminals have robbed us all…..with the assistance and support of the government they own.

    The inmates were indeed provided the keys to the asylum…and they come and go as they please….kicking and beating and pillaging all across this country….and finally The President of The United States comes clean:

    My fellow Americans;

    Almost exactly four years ago the stock market began a sickening plunge that would shake the world. Declining from just over DOW 11,000 to under 7,500 in two short months, only to fall another 1,000 points in the next three, this period marked an unprecedented time of government intervention that you were told was for all of our good, and the good of our nation.

    You were lied to.

    The intentional expansion of debt unbacked by anything was the cause of the market crash. This intentional fraud perpetrated upon all of you went back to the Tech Crash in 2000, and goaded Americans into taking out loans that could not be repaid to cover up the malfeasance of those who had systematically looted Americans’ retirement accounts and offshored their jobs during the 1990s.

    Nobody makes bad loans on purpose under ordinary circumstances, because doing so guarantees a loss. So these Wall Street and Banking swindlers did something very creative – they sold that debt, which they knew was bad when it was originally issued to Americans all over the world to various pension funds, insurance companies and other investors. They lied about the credit quality of the borrowers, they lied about what they had put into the securities and they skimmed off billions in fees and bonuses. By doing so they shifted the loss onto others — your pension, your state, your personal investment account.

    But that wasn’t the worst of it. Having shifted all of the liability for these losses to you, these banksters and Wall Street swindlers then went even further. They petitioned Congress and Treasury, having donated copious amounts of money to political campaigns for decades, to bail them out, arguing that there would be massive civil unrest and even that the government would collapse if they did not get their way.

    This is why TARP was passed even though you, the people, told Congress by a 300:1 margin not to do so.

    If this swindle had ended in TARP, it would have been bad enough. But these greedy Wall Street executives and Banksters weren’t done with fleecing you. In fact, they were just getting started.

    See, they still had trillions of dollars of worthless exotic and impossible-to-value financial instruments — enough to sink their banks several times over. So rather than lose their jobs, lose their companies and take their just medicine for what they had done, they conned Congress, Treasury and The White House into running a combined $5 trillion in deficits over the last four years. This amounts to about 10% of the economy every year since 2008.

    You have been told that this, too, was for your benefit. That too is a lie. By running these monstrous deficits the Federal Government has effectively raised taxes on everyone, across the board, in the amount of those deficits — to the tune of 10% or more every year for the last four years.

    If you’re in the middle class you know it’s been tough; gasoline, food and other necessities have gone up in price dramatically. Health care has become more expensive. Your ability to buy the things that you need has been severely damaged and the job market has been trashed. The reason this has happened is that the government’s deficit spending is nothing other than a tax on your income and assets — indeed, it is a tax on every transaction in the economy.

    Ben Bernanke of The Fed has argued that his “Quantitative Easing” has helped the jobs market and will continue to. This too is a lie; the entire and only purpose of this program is to allow the government to continue to run its monstrous deficits — that is, The Fed is responsible for taxing you as an unelected private body.

    The funds from this tax are not going into the economy. They are going to fill the hole in the big banks’ balance sheets. These large financial firms, banks and Wall Street companies, went from having about 20% of the size of the economy in debt in 1980 to over 120% in 2007, an expansion in relationship to the size of the economy of six times. From the start of the crash to today this has contracted to right near 90%, which is still more than four times where it was historically.

    This credit peaked at 17.1 trillion in 2008. Today it stands at 13.9 trillion, or $3.2 trillion less. Mortgages, which are largely held by these financial institutions, declined by $1.061 trillion during this time. Adding these together you get approximately $4.3 trillion.

    The Federal Government, on the other hand, added $4.7 trillion in debt during the same time.

    To put this in plain English virtually all of the Federal Government’s deficit spending did exactly nothing to benefit you; it all went to these large banks, Wall Street firms and other financial institutions.

    This is why the economy and labor market have not recovered; none of the deficit spending went to actually help you. It instead went to bail out all the swindlers on Wall Street and in the big banks that caused the crash in the first place.

    READ MORE AT KARL DENNINGER

    Unfortunately, when you read the whole speech (and it is a good one), you realize that it is a speech Denninger wants Obama to make. Not something he has already written. Now that’s a cruel joke to pull on us on the part of Matt Weidner! The guy is slipping…

  50. Off topic. Or is it…? Monsanto has been where most of our money was going anyway, indirectly. Monsanto has made millions of people very, very rich. Monsanto will now start making those same millions of people very, very poor. I wonder what Warren Buffett and Bill Gates will look like, poor and destitute. Or Jamie boy. Now that’s a comforting thought: this may very well even happen in the short future!

    I keep saying it: things are moving in the right direction. I feel it. I can visualize it.

    “Russia suspends import and use of American GM corn after study revealed cancer risk

    The European Food Safety Authority orders review in to the research, conducted at a French university
    Russia’s decision could be followed by other nations
    Experts at the University of Caen conducted an experiment running for the full lives of rats – two years
    The findings found raised levels of breast cancer, liver and kidney damage
    The same trials also found minuscule amounts of a commonly used weedkiller, Roundup
    Both the GM corn and Roundup are the creation of US biotech company Monsanto

    By Sean Poulter

    PUBLISHED: 11:15 EST, 25 September 2012 | UPDATED: 01:57 EST, 26 September 2012

    Comments (62)
    Share

    Russia has suspended the import and use of an American GM corn following a study suggesting a link to breast cancer and organ damage.

    Separately, the European Food Safety Authority(EFSA), has ordered its own review in to the research, which was conducted at a French university.

    The decision by Russia could be followed by other nations in what would be a severe blow to the take-up of the controversial technology.

    Read more: http://www.dailymail.co.uk/news/article-2208452/Russia-suspends-import-use-American-GM-corn-study-revealed-cancer-risk.html#ixzz27aMDolSR

  51. If i only said one smart thing since i started reading blog 2 years, it id the credit bid is the real theft and fraud

  52. Thank you Neil. You are giving tremendous advice here at your website in very perilous times. I am happy to hear you are coming to Chicago because people really need help. I was in foreclosure court yesterday and people are not putting up a fight. There was a couple who were really old in there yesterday and they had no attorney. The elderly woman was telling the judge her loan mod nightmare. The standard story about how she always paid her mortgage on time and was denied a loan mod. The judge told her his standard response.. you have three choices … mediate with the bank, short sale or deed in lieu. Those people were too old to help themselves. I blame the politicians. They are traitors. CNN reporting the polls are saying Obama is winning by 10%. After the damage done by 2 consecutive terms of Clinton & Bush, I can only shudder at the thought of 4 more years of this.

  53. Outstanding and impressive!

  54. Is that what that smell is? … *cough*

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