Zombie Title Exposes The Real Deal in Foreclosures

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Editor’s Analysis: This is not a new problem. For along time in Florida, the banks would delay the foreclosure sale until they thought they could sell the property fairly quickly. When I was representing several hundred associations we had different tactics we used to get the monthly maintenance and special assessments from the bank but that was when the mortgages were real and the foreclosures were honest.

The homeowner associations were stuck between a rock and hard place. Now they are foreclosing anyway and including the pretender lender as at best a junior lien holder. Practically every development in which an HOA or condo association is involved has the problem if they were built anytime after 1996. Even the ones built before that are having the problem.

The bank chases the homeowner out with threats of foreclosure, perhaps even initiates the foreclosure and then dismisses it leaving the ownership and liabilities of the home in limbo,. Florida addressed the problem by giving time limits to the bank before they were liable for the assessments.

In the worst cases, so many people are chased out of their homes that the remaining homeowners, sometimes as few as 5%-10% of the total homes must shoulder the burden of maintaining the entire complex.

In current circumstances the homeowner who left is dogged by a house he thought was gone, with cities suing them for liens and eyesores on stripped homes that are literally falling apart. In many cities tens of thousands of homes were actually bull dozed by the city for the zombie title homes that were abandoned by the pretender lender who chased people out of homes they would have stayed in, paid the taxes, paid the insurance and maintained the property.  The more homes that are hit with this phenomenon the more likely it is that more families are going to walk away from their homes as the neighborhood turns into crack houses and squatters.

This puts pressure on home values not only in those neighborhoods but in surrounding communities. So Wall Street as the articles are now trumpeting, is in the process of buying up as much property as it can and can’t do it fast enough  because they are getting the property for pennies on the dollar.

The only good part about Wall Street’s involvement in the purchase of these properties is that the same set of companies and investment banks who foreclosed knowing they were not creditors and were at least partially acting for their own selfish benefit are the people who end up holding the properties. That should make it easier to get the properties back into homeowner hands, because there is no bona fide purchaser for value without notice of claims. They fail on both value and notice.

When the day of reckoning comes and the titles are found to be void or voidable, the REITs will discover the same thing that the REMICs did — they got a holographic image of an empty paper bag. In that sense, the investors in both the REMICs and the REITs will find themselves holding the bag, so to speak. as the unofficial seller of the properties to the REITs Wall Street will report record profits, just like when they said they “sold” mortgages to the REMICs, when in fact they had not.

If Wall Street follows the plan they used with the REMICs, they will issue undivided proportional interests in REITs and then later decide what properties to assign to the REIT. The ones likely to lose money they will bet against and receive the money on the interests they sold leaving the investors, once again, out in the cold.

This will undoubtedly take the fatal chunk out of our private pension systems and even several public pensions that end up investing in high rated “insured” REIT investments. If the rating agencies don’t look under the hood to see what is happening and they take the information supplied by Wall Street as true, the securities will be high rated. The already underfunded pension funds will lose still more money while Wall Street continues to record record profits.

If you step back from the situation to get a broader view. you will see the pattern and the reality. The pretender lenders forced most of the foreclosures away from settlement, modifications and short-sales because they would expose themselves to huge liabilities for repayment of insurance proceeds and credit default swaps on derivative instruments that were called out as devalued.

The foreclosure had nothing to do with the need to foreclose or the realities of the situation. It is simply a device for the banks to cover their tracks leaving the title to properties, already corrupted beyond recognition, in doubt as to just about every property and every loan transaction between 2001 and the present.

Ever alert to profit opportunities the banks knew that they controlled the market prices by forcing foreclosures down the throat of all stakeholders, including city and county and state coffers depending upon property and related taxes. This only opened up the market to underwrite more municipal bonds. Wall Street wins again while everyone else loses.

Now that they don’t seem to be able to drive prices down much further they are manipulating more and more regional markets bring prices up so they can sell the REIT the fake interest of the REMIC acquired in a fabricated foreclosure in which a deed was issued based upon a completely fabricated credit bid from a non-creditor. Wall Street wins again while everyone else loses.

There actually is a remedy to change Wall Street and reinstatement of the Glass-Steagal Act is only one of the things needed. The real problems started when (1) the accounting rules started to change into exotic formulas and allowances that made absolutely no sense and (2) when investment firms were allowed to shield themselves from liability by becoming corporations that offered their own stock to the public, Before that the partners were liable for every trade and everything else that went on in their firm.

If you think about it an “off-balance sheet” transaction is unicorn — a mythological construct. In the case of current accounting standards the damage is deadly and pervasive. It allows companies hide what they are really doing and exposes both customers and shareholders in the investment bank to risks they know nothing about. It allows the firm to pay outlandish bonuses for results that are mostly hidden and riddled with liabilities that should bring the firm crashing down.

And if you think about it, taking the risk of loss away from management people and shifting it to shareholders was the single most disastrous invitation to moral hazard. Partners were suddenly transformed into having nothing to lose and everything to gain. Since they decided the compensation, the “profits” were taken largely by management before any distribution to shareholders and the value of the stock was heavily dependent upon the so-called profits. Most of the profits are now coming from “proprietary trading” which is the vehicle through which the investment firms are repatriating money siphoned out of the economy in the last crash. In reality they are trading with themselves and declaring a profit. It would be a joke if it were not true.

People in the Obama administration have taken the party line that we unfortunately made these activities legal and in many cases that is true. But the civil theft aspect, the fraud aspect, the market manipulation aspect are not legal.

The entire mortgage meltdown was a PONZI scheme that fell apart like all PONZI schemes, when investors stopped buying the bogus mortgage bonds issued by unfunded entities that violated the REMIC statute. These are crimes against humanity as we have seen events unfold around the world and they should be punished. But more than that the mega banks need to be broken up into entities that are not too big to regulate, with some of them failing altogether because of the money they owe the investors which would reduce the balance due from “borrowers.”

We are lucky enough to have 7,000 depository institutions, most of which are healthy who can pick up the pieces without loss of any service now provided by the large banks. The electronic funds transfer backbone and the Check 21 rule changes allow the smallest bank to provide the same services as the large bank including inexpensive ATM transactions at the site of the smallest of merchants. Convenience and service would go up while bank fees would go down.

People say I’m a dreamer …. but I’m not the only one (John Lennon).

Zombie foreclosures terrorize ex-homeowners
http://www.csmonitor.com/Business/Latest-News-Wires/2013/0110/Zombie-foreclosures-terrorize-ex-homeowners

Another Nightmare, “Zombie Title” Shows How Servicer Refusal to Foreclose Hurts Stressed Homeowners and Communities
http://www.nakedcapitalism.com/2013/01/another-nightmare-zombie-title-shows-how-servicer-refusal-to-foreclose-hurts-stressed-homeowners-and-communities.html

137 Responses

  1. KLANNING: YES WE HAVE AN ATTORNEY IN GEORGIA. YOU WILL BE CONTACTED SHORTLY

  2. You have named attorneys who are able to litigate these ” Zombie Titles” in Fla. Calf. Etc.. Do you have a firm in GEORGIA?

    Certain to be among the many numbers involved with Mortgage Fraud.
    Need direction ASAP for litigation assistance, we’re in Pre- Forclosure
    With date of April 2nd.

    Mortgage Orginated with
    Accredited Home Lending Inc.
    SEC/MBS 6/19/2006
    To Washington Mutual
    To JP Morgan Chase

    Your Assistance is Appreciated,
    Kathy Lanning

  3. This is why an attorney told me a while back, don’t sign or agree to anything in regard to the mortgage with any bank because it is unsustainable and can never be repaid. They are taking hostages.

  4. Has anyone heard the financial media tauting how “private lending” is needed…..? That is incredibly dangerous and deceptive. The only entity WE THE PEOPLE should be doing business with is the U.S. TREASURY and it has been hijacked by the PRIVATE BANK AKA THE FEDERAL RESERVE BANK. I wouldn’t take a “loan” from these FEDSTER crooks who owe us gazillions of dollars unless and until hell froze over. America needs to stop doing business with these frauds who robbed us to fraudulently lend us back our stolen wealth. Obama & his cohorts & minions are the agents of deception. We need to go back to our own currency and our Constitutional Republic and stop doing business with these frauds. They are the mob in sheep’s clothes and the last people on earth you want to borrow your stolen money from. They will own you until the day you die, you will be their slave.

  5. They make the rules only because we never knew their rules were used to commit fraud or to cover up for their fraud. It is all unconstitutional & illegal under the laws of this land. They just never thought they would get caught. I’m personally not buying the Corporate meme. Their Corp is not our Government, WE THE PEOPLE ARE THE GOVERNMENT ……FOR THE PEOPLE ….BY THE PEOPLE. It’s a BIG CLUB…….300 MILLION OF US AND IT IS TIME WE THE PEOPLE PUT THEM ALL IN THEIR PLACE…..All of their rules are manufactured crap, an eminence front…a put on. Their ability to steal our money is their greatest weapon and it’s time to put a stop to that.

  6. @ John Galt re: 12:16 ,,,

    What I meant was simply that I’ve got finite resources while the banksters have the Fed and (my) “free” money… their attitude , backed up by precedent is “I may not always be right but I’m never wrong!” ,, there is a reason why they are TBTF and TBTJ , they are the gov’t and they make the rules… While I want to see the rule of law restored I personally would be happy to be free of this mess with my case dismissed and a big goodbye check in my hand … it has happened thousands of times before .. and always with a gag order… I have a 9 hectare farm and 4 houses in another country but I’m cash poor and would love to be free here so I can leave before CW2 breaks out over 2A.

    Call me Ragnar … I’m certainly not Hank Rearden.

  7. YOU CAN’T SECURITIZE FRAUD….

  8. neidermeyer said:
    “even now WF is laying the groundwork with the doc just released that “there is no lender in securitization” .. DUH! I’m ok with them slithering away…..”
    Can you expound please?

  9. No one signed anything John.. No one agreed to be a party to the criminal destruction of their wealth and property by the banks and Wall Street.

  10. Thank You Neidermayer. This is war and the truth needs to be told.

  11. @ christine ,

    JDB will definately NOT have note for 2nd ,, and WF definately has charged off the account so even if they sold it to JDB for possible collections the account had $0 value when sold and JDB will never be able to give you a “satisfaction”. I’d just tell them (politely) that you’re broke , have no way to pay and even if they file a suit they get nothing… Then later on file QT.

    @ stripes ,

    You are 110% correct about origination fraud … we hear you and we can see your passion… the problem is getting things admitted into evidence and getting the courts to see things they have been ordered not to see. Recent decisions have helped (Wayne Cty , MI) and others ,, we are going through the meat grinder together and soon enough we will have the tools we need to consistantly win .. even now WF is laying the groundwork with the doc just released that “there is no lender in securitization” .. DUH! I’m ok with them slithering away as long as I can too.

  12. So far the evidence that chapman signed a note comes from an aff filed by a person identified as an “assgt vp (queen for a day?), operations team lead” for BAC. Hearsay. Would have to pay more and don’t want to to see if any business record exceptions were claimed or available. I don’t know if chapman admitted he signed a note in his complaint.
    As far as I can tell, cwhl, inc filed an assumed name (awl) in TN on 2/10/2008, years after chapman’s TN loan. The copy of the note shows it payable to “America’s Wholesale Lender”, no reference to
    CWHL at all. MERS’ dot with mers as ben and AWL as lender (again no mention of cwhl).
    Missy tells the court both the note and dot are to “CWHL, Inc. dba
    AWL”, which is a patent falsehood. The note is endorsed (stamp?)by undated (of course) endorsment by “CWHL, Inc a NY corp dba AWL.”
    Missy’s hearsay affidavit is also the sole evidence of the date of end on the note.
    Heck, see for yourselves: http://www.scribd.com/doc/120256812/Chapman-BAC-Affidavit-With-Copies-of-Note-and-DOT

    The attorney who knows how to make mincemeat of this baloney is going to be rich and famous. If lawyers don’t have a playbook called
    “Undermining Hearsay Affidavits and Testimony”, they better get em.
    If not, save your money, looks to me.
    Well, I guess they can continue to roll over. I can’t form an opinion about whether or not Barnes did because I haven’t read his arguments, if any, about this stuff. BTW, from the Order, it appears BAC must have argued the dot follows the note, so no assgt necessary. cripes. It wasn’t hard to see that’s where they were headed with Carpenter.

  13. Because of the fraud at the onset, there is no need to ask for any discovery. Upon your discovery of the fraud at the onset, they are done…A state statute is only valid until proven otherwise. NO EX POST FACTO LAWS…LIKE THE ILLINOIS MORTGAGE FORECLOSURE LAW…..NO LEGAL CONTRACT EXISTS WITHOUT THE NOTES SAYS THE SUPREME COURT…… … THE RULE OF LAW REGARDING SECURITIES SAYS…..THERE MUST BE ACCEPTANCE & CONSIDERATION IN ORDER TO CREATE A SECURITY OR A SECURITY ENTITLEMENT……INDORSEMENT OR INSTRUCTION DOES NOT GUARANTEE SECURITY ENTITLEMENTS ……

  14. Well doesn’t this frost my gizzard. I decided to look into Chapman for the AWL / CW mullarkey. The order of dismissal says, or I took it to say, a part. exhibit from BAC would show me evidence that CW did business as AWL. It doesn’t. It’s BAC’s stinking discovery requests to Chapman (interrogatories, reqs for production, reqs for admissions). Since I had to pay to read them, here they are. Please d/l and send or link to everyone you know, including homeowner attorneys for everyone’s info.

    http://www.scribd.com/doc/120251656/BAC-Discovery-Requests-in-Chapman
    .

  15. Read it here….WHY THE ILLUMINATI WANTS US TO PROTEST…
    http://pinbalking.blogspot.com/2011/10/why-illuminati-wants-us-to-protest.html?m=1

  16. These are not 2 or 3 people…..these are 2 or 3 disinfo agents hell bent on distracting you from the Origination Fraud….There is no legal or financial fix for it. The only way to correct it is to take back what they hijacked and stole from you by invoking all of your Constitutional and Legal Rights that they violated the day they fraudulently induced you to sign a note and a contract they knew they were going to destroy without your knowledge or consent.

  17. The only thing pathological here is how intent Christine & her comrades are about trying to distract everyone from the truth and how bad they want to make everyone screw themselves …. They keep telling everyone…lookey here at what I found….and they found nothing…they are trying to outsmart us….Like the shell game at the Origination…..I will show you what’s under shell number 1….but not what I’m hiding under shells 2 or 3…..Under shell number 1 is the distraction from what we are hiding under shells #2 & 3….that is how they screw you…by distracting you from the Fraud under shells 2 & 3…..they get you to focus on something irrelevant shell #1….so you forget about the other shells….

  18. THE TRUTH IS…..Christine and a few others are DISINFO AGENTS……they are very DECEPTIVE SELFISH LIARS…..trying to distract from the Origination Fraud by arguing bogus legal arguments that are incredibly difficult to prove and have NO BASIS IN LAW OR FACT…..INVOKE ALL OF YOUR CONSTITUTIONAL & LEGAL RIGHTS AFFORDED TO YOU AS A NATURAL BORN U.S. CITIZEN…EXPOSE THEIR FRAUD AT THE ORIGINATION OF THEIR FRAUDULENT FORECLOSURE CLAIM….Christine & her criminal friends work for the FEDSTERS and they want you to lose it all…..They want to keep you weak and brainwashed robots…..

  19. Has any of you noticed that, whenever two or three people on this site have a conversation about a specific topic, be it a legal or technical question or some legal case, Robot, who is tryly self-absorbed and self-centered yet very marginally intelligent goes on a frenzy, as if to say: “What about me? What about what I think? Please pay attention to me! Don’t have a conversation without me! Please?”

    This is what pathological is all about. Robot is working its way to Alzheimer’s. Working very hard at it too.

  20. J.G……I don’t give a damn about their fraudulently induced debt claims…TELL THEM TO PROVE THEY ARE SECURED DEBTS…..THEY CAN’T….BECAUSE THEY ARE NOT SECURED DEBTS OR ENTITLEMENTS BECAUSE OF THE ORIGINATION FRAUD…..

  21. They will keep sending you down their rabbit hole when all the proof you need that they are criminals out to defraud you is at the onset of their fraudulent foreclosure complaint. They will make you chase your tail until they wear you out and you give up.

  22. Keep secrets, Lie & Deceive to Defraud you is all they do. Their politicians tell you they work for you…..LIES….Their medical establishment will tell you there is no cure for highly curable diseases like cancer….LIES…and their vaccinations protect you when they weaken you…..MORE LIES…..Their educational system POORLY EDUCATES YOU & teaches you nothing but the basics and LIES about history. Their legal system criminalizes you for their crimes they commit against you….they LIE…their attorneys tell you they are there to help and protect you…..LIES….Their media tells you to believe LIES…..They are all one giant criminal enterprise disguised by names you were told to trust…THE TRUTH IS….Only you can protect you…

  23. http://www.thelangelfirm.com/Debt-Collector-List/Daniels-Norelli-Scully-Cecere-P-C-.aspx

    Daniels, Norelli, et al are apparently a pain in the tail as debt collectors (cc only?). The Langel law firm (ny) claims, actually toots rather loudly, that they have taken them to task a couple times for violations of fdcpa. The link above has ref to 2 cases Langel highlights in this regard. Might be instructive. I haven’t read them. Maybe someone will and let us know whaddup.

  24. It’s all psychological brainwashing by these crooks….The FEDSTERS are the noteholders….yeah right…! They will NEVER TELL YOU THE TRUTH….that they are in default to the U.S. TREASURY IN YOUR NAME…..THEY DESTROYED THE VALUE OF THE CREDIT THEY FRAUDULENTLY INDUCED YOU TO SIGN AND THE PROPERTY VALUE BY OVERISSUING INVESTMENTS VIA WALL STREET….and they never intend to pay us back and as a result of all that criminal fraud by them…. you own your property free & clear & the “someone owed this money” is you…

  25. @Neidermeyer,

    Actually, I also plan on insisting on the note being returned to me in full satisfaction. That’s where i expect to run into a problem. in all probability, JDB doesn’t have it and won’t be able to return it. I’ll keep you posted. I need to figure out if getting out for $1500 makes sense if I must quiet title too in the future. Regardless, quiet title will have to be on me and I already know that the title is clouded by virtue of the Wachovia/WF unrecorded sell/transfer. So, that part is a reality, with or without JDB.

  26. No counterclaim can be brought because of the fraud presented by plaintiffs at the onset….The Plaintiff did not follow the FRCP AT THE ONSET….DEMAND THE COURT RULES ON THE FRAUD PRESENTED BY THESE CROOKS AT THE ONSET….

  27. Last year, bankers were fleeing in drove. Lately, they seem to die… A few committed suicide. others died in crashed, sudden illnesses or other unfortunate circumstances.

    “Millionaire bankers die in private plane fireball: Tragedy as plane carrying brokers on business trip plummets to the ground after take-off in Texas

    A private plane carrying three men working for a Utah bank crashed in mysterious circumstances shortly after takeoff in Texas on Saturday, killing all three aboard, according to authorities.

    The Piper PA-46 aircraft had just taken off from an airport near Paris, Texas, around 8 a.m. when it came crashing down outside the town of Glory to the south.

    The Texas Department of Public Safety identified the men as Michael Endo, 50, Michael Dale Bradley, 44, and the pilot Rob Thompson, 49, according to a report in the The Desert News.

    All three men worked for Utah-based Celtic Bank, the Salt Lake Tribune reported.

    ‘This is a challenging and difficult time for the entire Celtic Bank family,’ bank CEO Reese Howell Jr. said in a statement.

    There was no immediate word on the cause of the crash. The Public Safety Department said it was reportedly foggy and the plane attempted to turn back toward the airport before descending rapidly and crashing.

    The plane burst into flames upon impact, FAA spokesman Roland Herwig told the Tribune.

    The Federal Aviation Administration and the Department of Public Safety didn’t immediately return calls from The Associated Press for comment.”

  28. AMERICA….DO NOT ACCEPT their social justice fixes for massive criminal fraud committed in your name, with your signature, without your knowledge…..INVOKE ALL OF YOUR CONSTITUTIONAL RIGHTS &…LEGAL RIGHTS AFFORDED TO YOU AS A NATURAL BORN U.S. CITIZEN and demand the court uphold the RULE OF LAW….AS YOU HAVE ALL THE LEGAL RIGHTS OF A HARMED PARTY….THE PROOF IS AT THE ONSET OF THEIR CRIMINAL & FRAUDULENT FORECLOSURE CLAIM…DEMAND CLEAR TITLE….ALL PROPERTY TAXES BE PAID BY THEM…..COMPENSATORY DAMAGES….& OTHER EQUITABLE RELIEF AS YOU SEE FIT….YOU ARE THE HARMED PARTY…..NOT THESE IMPOSTERS WHO ARE FICTITIOUS PAYEES…CRIMINAL FRAUDSTERS…..

  29. Neidermeyer,

    Thanks. The thing is: it is not in suit. I didn’t want to fight on two fronts at the same time and I didn’t attack on the Ossipee cabin. So, so far, it has been very cordial and the JDB has been pretty reasonable. I expect JDB will go away for $1500 in exchange for a solid release of all claims with commitment of no 1099 and clearing of my credit report(s) and, until I want to sell, I won’t really need to do anything about the title. Ultimately though, I expect to have to fork up the price of a quiet title. In the meantime, I haven’t really worried one bit about it. I was just asking because i haven’t seen people post about a heloc being bought by a JDB and I found that odd. Typically, WF should have started foreclosure. Why they did and simply got rid it is a mystery to me.

  30. By the time the people awake from their FEDSTER induced psychosis and realize not only were they robbed of all of their wealth but their freedom as well and are working as slaves on the FEDSTERS manufactured slave plantation called Democracy they will have a very difficult time freeing themselves from the evil clutches of these tyrants. Make no mistake….social justice fixes are the road to complete communism. If you believe their lies that none of this was criminal, there is no fraud here or that a little fraud is o.k…and someone is owed this money, and you signed that contract or that you have no legal rights that protect you than you are a brainwashed slave.

  31. The FEDSTER crooks who robbed us certainly are not going to tell us they robbed us and they want to steal everything from us. The politicians cry we must “fix” the economy…but there is no “fix” for a quadrillion dollars in credit & investment fraud committted by their perps on Wall Street…It’s all a scam to steal our freedom by the FEDSTERS and the politicians and their criminal friends on Wall Street are ALL IN ON IT…

  32. The American people are severely brainwashed and are accepting social justice fixes for their own robbery and even all new fictitious debts…It is evil and it is criminal but they are severely brainwashed and do not realize the power of the people is superior to this sham they call democracy. They are in for a rude awakening when they realize they have been robbed into fraudulently induced poverty and they are never going to work their way out of it. They were fraudulently induced into slavery by the FEDSTERS…

  33. No matter what you call it, it’s criminal by its deception. I agree it is slight of hand and that is the whole point. These are unsecured debts and therefore they cannot LEGALLY seize the property. They are using COLOR OF LAW….COLOR OF MONEY & LEGAL THEORIES in which to steal..Problem is people believe all the b.s….”someone is owed this money” and “you signed that bogus contract”….. “there is no fraud here”..&…..”this is what they do”…..Well, it is what they do, and make no mistake…..IT IS CRIMINAL….They just never thought they would ever get caught walking away with the country.

  34. I think people miss the just of this issue. Banks do not try title to your property. Instead they do what is called a hypothecary action. This action seeks the sale of particular property liable to the plaintiff’s mortgage. It is brought against the person in possession as well as the property, and the creditor can only seize and sell such property after having obtained a judgment against the debtor.

    Again banks never try your title to your property because they have no deed to go against your title. Plus there would need to be a due process issue because anytime someone goes against your title, there must be a trial.

    Instead what they do is sue you for damages of a defaulted contract, put in there property which is the defaulted contract. You try to defend YOURSELF not your property against the contract. The judge asks “do you owe xyz any money” you go yes or no, but either way your are screwed because the banks are the only one with property in evidence sworn by affidavit.

    Instead of answering the complaint, you should of put a motion to dismissed this action by way lack of jurisdiction and violation of Constitution that gives you a trial by jury if someones after your title of property.

    I can go on but just look up the word HYPOTHECARY action. You will see that they lawyers are using slight of hand. Also people stop with this respa, tila, stuff. Instead use the Constitution of right to property and tell the courts no one has tried your title, and what is going on right now is a mere hypothecary action to get to my property without trying my title.

  35. WE THE PEOPLE have to stop participating, complying, conforming and cooperating with the shadowy private entity know as THE FED…..They are behind all the evil in the world. The FRAMERS OF THE U.S. CONSTITUTION GAVE NO SPECIAL POWERS TO THE FEDERAL GOVERNMENT. That is why the power of the people overrules them. That is why THE U.S. CONSTITUTION was written simply so that every American could use it to defend themselves without an attorney. Only WE THE PEOPLE can invoke our Constitutional Rights…

  36. ABOLISH THE FED…..THEY ARE HOLDING OUR WEALTH HOSTAGE…

  37. I wouldn’t recommend trusting any entity or person claiming a Globalist fix for these war crimes against us. Plan B is going to be a social justice fix like OBAMACARE and is another scam by the same evil with a new face. THE PEOPLES TRUST..? IT IS BEING HELD HOSTAGE BY THESE SAME CROOKS….The ROTHSCHILDS are worth $600 trillion and where did that money come from…..? By robbing US….The Vatican banking network hides all the rest of our stolen wealth for the rest of the Illuminati banking families. We need to restore our Constitutional Republic and issue our own currency and protect our National Sovereignty….. America is the richest nation on the planet….that is why we are being held hostage.

  38. @ Christine ,

    You’re doing everything right with the JDB’s .. just treat them the same as the banksters ,, it’s really the same game with different players ,, hopefully you get a stupid JDB Plaintiff lawyer who personally proffers evidence in his complaint , no lawyer wants to be a witness (and that’s your first objection).. I’ve killed many of these by being a stickler for the rules of evidence and by beheading them with the old “standing” argument ,, CC JDB’s usually pay 2-3% on the dollar and I think the ones that deal in 2nds pay even less , they didn’t buy your 2nd ,,, just a pool which they can’t break yours out of … They will 99%+ of the time enter in a partial list of assetts in which your loan will be a single line item with the rest redacted… insist on the full unredacted document .. they’ll drop immediately. Good Luck.

  39. Just read that Chapman reject from Appeals Court for want of prosecution. Sorry Johngault. Chapman was lost for good.

    Really Sucks.

  40. Here it is, Johngault.

    http://www.leagle.com/xmlResult.aspx?page=1&xmldoc=In%20FDCO%2020120921866.xml&docbase=CSLWAR3-2007-CURR&SizeDisp=7

    CHAPMAN v. BANK OF AMERICA
    GARY W. CHAPMAN
    v.
    BANK OF AMERICA, et al.
    No. 3-11-0504.
    United States District Court, M.D. Tennessee, Nashville Division.

    September 17, 2012.

    … For all these reasons, Defendants have carried their burden of showing that there are no genuine issues of material fact as to whether they are legal owners of the Note and Deed of Trust, with rights to enforce those instruments against the Plaintiff, and that they are entitled to judgment as a matter of law. Because Plaintiff’s unjust enrichment and Tennessee Consumer Protection Act claims depend on finding this issue in favor of the Plaintiff, those claims fail as well.
    CONCLUSION

    Accordingly, Defendants’ Motion for Summary Judgment (Docket No. 47) is GRANTED, and this action is DISMISSED.
    IT IS SO ORDERED.

  41. @JG, go down to my 11:32 Post. I linked Chapman there.

  42. christine – puhlease try again to link what you reviewed in Chapman. thanks.

  43. Courthouse news:

    A man claims the U.S. Bank National Association et al. can’t foreclose on his home, under Texas law, because it’s been more than 4 years since they began the foreclosure process, in Harris County Court.

    and CHASE again :
    http://www.courthousenews.com/2013/01/11/53838.htm

  44. I’m still looking for signs that things are being worked for good on behind the scene as we speak. Believe it or don’t believe it: your choice. Believing it makes my life a hell of a lot easier and pleasant. And the way I look at it: this insanity, corruption and enslavement took place behind the scene while we were asleep at the wheel or too busy scrambling to survive. I don’t see why the reverse wouldn’t be possible… After all, if there wasn’t more good than bad in humanity, we wouldn’t have crusaders like Matt Weidner, Neil Garfield, Mandelman, Neil Barofsky, etc… and we would never have had revolutions.

    It’s in the works. No two ways about it.

  45. Sorry, Johngault. I stand corrected… I just reviewed the Chapman case and, indeed, B of A won (dammit!). Barnes forgot to mention it, I guess.

    Very quick question for anyone but robot and MS: who, among you, has any knowledge of cases in which a Heloc had been written off by the bank, sold to a JDB and settled by the homeowner for pennies/dollar? I took a $23K loan in 2006 to fix my Ossipee NH cabin and turn it into a rental. Did the work but defaulted on the loan right before the original bank was sold in 2008. Small amount. Apparently, the new bank didn’t really want to fart with it, threatened for a long time but, eventually, went away and wrote it off completely after Sheriff Conley’s announce of his task force to investigate banks (F*^! cowards! As soon as someone looks into their actions for good, they cave in!)

    Some JDB bought the debt and last dealing I had, they were willing to settle for peanuts. Not even 10% of the original debt. I haven’t looked into it much yet because i was waiting for JDB to go down, down, down (I did everything I had to: ignore them, send a “show me the note”, QWR, threaten a fdcpa/rico lawsuit, send JDB a copy of Conley’s announce, bring my file to him last July, etc.)

    I have been looking for cases where the homeowners had that good luck but i can’t find any. I know everything about clouded title after the fact but I only want to keep the cabin as a rental or to use during ski season and in the summer. Not really interested in selling. Plus, I don’t have any money to clean up that mess. Too busy holding on to my house. As long as it pays for itself and the very, very high NH real estates taxes (they reaqlly make up for no income taxes!), I’m good. So, can someone refer me to such a case? Heloc become JDB and settled?

    Thanks in advance.

  46. Masterservicer said, “ DO I know what I am talking about?”

    I believe that you make perfect sense to yourself, just like stripes/ivent probably does to herself as well. But both of your conversations are about as useful as a meth lab in a day care center.

    Once again, you instantly start mocking the poster, either without having read the thread, or without understanding the merits being discussed. The case at hand is NOT about FASB, derecognition, UCC 3 v. 9….it’s about first semester contract law.

    The fact is that AWL was not conceived as a corporation and never became a corporation, and was never once mentioned in the origination docs, those simple facts never stopped the criminal organization behind the cartel, and Mozilo himself, from writing 3.5 million AWL originated loans which are worth about as much as the entire Charmin aisle at K-Mart.

    These AWL cases hinge on kindergarten-law issues, such as, “It is elemental that in order to confer jurisdiction on the court the plaintiff must have an actual legal existence, that is he or it must be a person in law or a legal entity with legal capacity to sue.” End of story. Bailiff, show Mozilo to the parking lot. Or better yet, book him and toss the key!

    To attempt to originate, assign, and therefore profit off of fictitious contracts is pure legal fiction. My state’s department of commerce, which is the state banking regulator, finally agreed with me after I brow beat them for two hours that if AWL wrote even one mortgage in the state under the above conditions, it would be an illegal mortgage. And yet these same regulators sit silent as tens of thousands of borrowers are tossed from their homes regularly.

    Why is that? Is it because of your brilliant theories on derecognition? Your lightening fast faux-wit when cajoling foreclosure victims with your alleged expert witnessing? And as to that….after all these years of blowing bubbles in here, you’ve yet to answer a single request for even one courtroom win where the judge said, “Why thank you Mr. Soliman, that was astonishing. Your expert knowledge just crushed this bank and its attempts at fooling this court! Thank you indeed!”

    No, I’d venture not. I’d say the reason these regulators have sat on their hands while the curbs fill up with tossed families is because they’re following the lead of their brethren at the federal level, which, I hate to sound like that idiot stripes/ivent, IS AGAINST THE CONSTITUTION OF THE UNITED STATES! The state regulatory agencies have absolutely no right to take their game plans from the federal government. But that doesn’t stop them in the above instance, nor did it – nor does it, stop them when the feds coordinated the crackdown at the local level against the Occupy movement.

    So Maher, do me just one small favor….before you rant against me and start all over again with how I should read the 4000 pages of FASB because I’m just too stupid to rise to your level, please post just one case in which your brilliance dazzled the courtroom. Or in the alternative, just stop baffling with the bullshit.

    Or add something to the present discussion, such as, why do you believe that BofA has successor in interest rights to loans that were originated by a non-legal entity. Answer that one question brilliantly and convincingly, and I’ll never post in your direction ever again. I promise.

  47. The cops are as disgusted with the politicians as we are. Everyone knows they robbed us and still are. We are ready for them.

  48. Trying to stay on task MS….there are a million and one stories in their naked city as you well know. With that mayor we have, Blackwater is a distinct possibility. At the becoming of his evil reign he said publicly that he would like to privatize the police force. The cops really don’t like the guy…and either do the citizens. The media too…The politicians don’t trust him either. AG MADIGAN, EX MAYOR DALEY and others filed maritime liens on Chicago landmarks before he took office for fear he would give the City away to his criminal friends. We were warned to watch him, he is going to try to give the city away…hes a sheep in wolves clothes and everyone knows it. He is not going to get away with it, he is a hog. He has the whole state hopping mad at him, Durbin and Quinn…everyone sees what these crooks are doing. Illinois debt just got downgraded again. These crooks robbed the citizens blind and everybody knows it. It’s ugly and going to get uglier before its all said and done. No one believes them and that is something they never counted on.

  49. Stripe -your on game . I have been shut up. But the choppers – who knows Maybe Blackwater back again ?

  50. JOHN FAULT – “B of A later claimed to have succeeded to ownership of the loan, but thereafter made inconsistent statements concerning the alleged ownership, although the transfer of the loan was purportedly made from the originating lender to B of A within 120 hours of closing.”

    Fact – John Halt ; YES “B of A succeeded to ownership of the loan, as the successor under UCC Article 9 for lenders transfer of the collateral file , possession and sufficiency or standing arguments for perfection. hence, the transfer of the loan was not purportedly made but under UCC article 9 , consummated from the originating lender to B of A within 120 hours of closing.”

    Fact – You are saying …”thereafter made inconsistent statements concerning the alleged ownership” . . . as the owner of the note is a note holder who by operations of is sufficient for claims as party allowed to foreclose.”

    Look, its entered in book , and not by a crook ( ..please Neil – stop him ….Ahhhhhh) The lien de-recongized as a present value albeit a household debt can only co exist and therefore is to surrender to the accounting treatment for lender liability . The balance outstanding owed the Fed is a Tax payer Corporation liability that was extinguished at its book entry “basis in assets held” therefore causing the asset mortgages value to emerge satisfied or i this case —de-recognized.

    DO I know what I am talking about? One billion originated and sold as a principle [1998 – 2002] and as a private held organizations CFO . So I’m sorry , no scholarly PhD. But I do . . I do know what it is I am saying . The asset is the not a note holder but the owner of the …used for purposes for …… why waste time here ? The lien holder is a bond holder for collateralize bonds sold as “Zero’s” that use accretion as a sinking fund to trigger back your loan The venture among the collaborate entities are held to a UCC 1 filing and this is a controversy , to date, that is allowed because of the revolving nature of the investment scheme.

    If your attorney wants to know more have him contact me at
    registerclaims@live.com

  51. Don’t forget to invoke Natural Law….your right given to you by the Creator to be free…. along with all of the other legal rights afforded to you…as a Natural Born U.S. CITIZEN..Only you can invoke your rights…the truth is, you have a right to remain silent only if you are being charged with a crime in the U.S.A…and the only criminals I see are the bank attorneys….Arrogant crooks aren’t they…? Criminalizing the innocent while committing felonies to cover up for their numerous other felonies. They are using the courts and the judges to violate our legal rights in order to rob us out of everything …. time to invoke all of our legal rights afforded to WE THE PEOPLE..

  52. The judges better wake up and realize their pensions are already stolen and these crooks are not going to pay them out of their pockets…..They are being payed in monopoly money and their big fat pension plans are not guaranteed. The only security they have is between their ears…not by these crooks. Unless these judges pensions are being paid out upfront in gold bars, they are being guaranteed NOTHING…..to be paid in credit by these swindlers is a recipe for disaster as we are all living proof….Credit is not wealth….it is a scam and a fraud and so is the FEDSTERS MONOPOLY MONEY….It is all an electronic scam…a very clever illusion….There is nothing stupider than a fool with a BANK ACCOUNT full of FEDSTER MONOPOLY MONEY…THEIR MONEY IS EQUIVALENT TO CREDIT SLIPS….IT HAS THE SAME VALUE AS THE MORTGAGE NOTES THEY DESTROYED…The judges should consider that a wake up call…the judges are being scammed with promises of the rich mans gold and the rich man laughs that the clever trick they used to rob all of us they are now using on their perps…..yep….the bankster scam is going their way now..

  53. Christine is putting the cart before the horse in the AWL case she posted. I’m familiar with that Barnes/Higgins/Chapman case….I’ve spoken with Higgins about it. They were expecting a victory, then a settlement, but as will happen with these cases and judges coming to their pension senses, they suddenly got shown the exit, even though the judge originally bought the fact that CW wasn’t mentioned anywhere in the AWL origination docs and therefore wasn’t buying BofA’s dismissal motion based upon vague successor in interest claims. All that suddenly changed here:

    ORDER: For the reasons stated in the accompanying Memorandum, [bankster] Defendants’ Motion for Summary Judgment 47 is GRANTED, and this action is DISMISSED with prejudice. Any other pending Motions are denied as moot, and the Clerk is directed to close the file. The pretrial conference set for December 10, 2012, and the trial set for December 18, 2012, are canceled. This Order shall constitute the final judgment in this case pursuant to Fed. R. Civ. P. 58. Signed by District Judge Todd J. Campbell on 9/17/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

    And fast as you can say Bob’s your uncle, the judge suddenly got bankster religion and changed horses in midstream. It happens everyday in a courtroom near you. Money talks.

    http://ia600704.us.archive.org/27/items/gov.uscourts.tnmd.50649/gov.uscourts.tnmd.50649.docket.html

  54. Masterbser….Not sorry to disappoint you but these are now MAINSTREET VIEWS ……the so called lunatic fringe has gone MAINSTREAM…..and no one believes the lunatic fringe media and politicians anymore…..imagine that…..! LMAO…CAPITAL HILL IS NOW KRONY KAPITALIST HILL…..It no longer exists….it is a work of fiction like their black majick Democracy.. The only Constitutional Republic is WE THE PEOPLE….WE ARE WALKING OUT OF THEIR DIRTY, SLEAZY PUPPET SHOW…ITS AN EMBARASSMENT…WE ARE ALL DISGRACED THAT CRIMINALS LIKE THIS THINK THEY OWN US…WHAT A DISGRACE..WE THE PEOPLE DON’T TAKE ORDERS FROM SELF APPOINTED DICTATORS..NOT EVER….IF WE HAVE TO GO ON THE BARTER METHOD AND PROTECT OUR LAND WITH WEAPONS….SO BE IT….THIS IS OUR HOUSE….THE PEOPLES HOUSE…WE THE PEOPLE PAID FOR EVERYTHING ….THEREFORE…WE THE PEOPLE SAY…SCREW YOU COMMIES…….AND ALL OF YOUR COMMIE SUBVERSIVE FRIENDS TOO..

  55. Black ops hell-icopters flying over the area today….I will tell you what the townspeople think about it….it is complete bullshit and screw them….. They think the people don’t get it but they do. I wonder if they do this intimidation bullshit anywhere else…? The FBI told me to call the cops on them…

  56. Stripes – I for one had enough . Take your slanted views and insane rhetorical discourse the hell out of here. Take it to Capital Hill where your insanity is revealed as the truth and FINALLY heard by the people that need to hear it.

  57. Christina said:

    “August 23, 2011
    A Tennessee Federal court has issued an Order and Memorandum denying a Motion to Dismiss filed by Bank of America which attacked the borrower’s action, brought under Tennessee’s version of the Uniform Declaratory Judgments Act, challenging B of A’s claimed “ownership” of a mortgage loan…..

    “The loan was originated by America’s Wholesale Lender, a claimed
    “dba” of Countrywide.”

    jg: 1) What loan if AWL can’t contract?

    “B of A later claimed to have succeeded to ownership of the loan, but thereafter made inconsistent statements concerning the alleged ownership, although the transfer of the loan was purportedly made from the originating lender to B of A within 120 hours of closing.”

    jg: just as it’s not nice to mess with Mother Nature, it is not a good idea to be inconsistant with those courts which are neither sleeping or blind. But probably by internal memo widely circulated, BAC is not likely to duplicate this tell/error.

    jg: But WHO is the “originating lender”? If the note says AWL, it appears there was no contract since AWL lacked the capacity to contract. And so what could have been transferred? A loan made by one or more individuals and whose autographs would be necessary to endorse the note? No corporate endorsement was available to make since the loan was not made by a corporation.
    Is there a contract between the homeowner and one or more individuals (aka AWL) or is there simply no contract at all? I’m thinking the latter.

    “….B of A claimed that there was no “actual controversy” as Countrywide was a subsidiary of B of A”

    jg: isn’t this 1) a fraudulent averment 2) told with mens rea for false
    reliance by the court (very bad behavior) since CW was never a subsidiary of B of A, right?

    “and that Countrywide was “DBA” America’s Wholesale Lender.”

    jg: inadmissable hearsay

    “The Court found that there was nothing in the papers filed by B
    of A demonstrating that this was in fact the case; that there was nothing in either the Note or the DOT which even mentioned Countrywide; and the Court could thus not determine whether B of A in fact had any interest in the loan.”

    jg: Hallelujah – a court which follows the law: right on, right on, right on, plus what COULD this 3rd party, BAC, submit to prove AWL had any connection to CW at all? Nothing that I can think of since CW, IF it were acting as AWL, failed to register the trade name. In all those cases I don’t want to pay to read, either, what is BAC trying now? They’ll be trying something, for sure. If anyone knows, for the sake of all homeowners in this particular mess, please tell, tell. I also want to reiterate my lay opinion that “AWL” lacked capacity to enter a contract with MERS and if there’s no note, there’s no collateral instrument, anyway. imo.
    Good job, Mr. Barnes and TN’s att John Higgins!

    I am commenting to try to point out where this court took issue with
    BAC’s baloney because those are some of the places any court should take issue with BAC’s baloney. again imo. And also to see if anyone knows what BAC’s next move has been. It doesn’t appear from what’s posted that this court reached the MERS issue in these
    AWL deals. Like to see that, I would.

  58. By Neal I Dunno
    Co published by Getta Refunde
    January 12, 2013

    Loan commitments held for trading (Note 3)
    Other loan commitments
    Reimbursement rights
    Financial guarantees (Note 4) Insurance contracts
    Weather derivatives

    Scope – 1 Note 1 – Leases
    Lease receivables are included in the scope of IAS 39 for derecognition and impairment purposes only. Finance lease payables are subject to the derecognition provisions. Any derivatives embedded in lease contracts are also within the scope of IAS 39.

    Note 2 – Commodity contracts
    Contracts to buy or sell non-financial items are within the scope of IAS 32, IAS 39 and IFRS 7 if they can be settled net in cash or another financial asset and they do not meet the test of being entered into and continuing to be held for the purpose of receipt or delivery of non-financial items to meet the entity’s expected purchase, sale or usage requirements (known as ‘own-use commodity contracts’). Settling net includes taking delivery of the underlying and selling it within a short period after delivery to generate a profit from short-term fluctuations in price.

    Note 3 – Loan commitments
    Loan commitments are outside the scope of IAS 39 if they cannot be settled net in cash or by some other financial instrument unless: they are held for trading or to generate assets of a class which the entity has a past practice of selling; or the entity chooses to include them with other derivatives under IAS 39.

    Note 4 – Financial guarantees
    Financial guarantee contracts are within IAS 39’s scope from the issuer’s perspective, unless the
    issuer has previously asserted explicitly that it regards such contracts as insurance contracts and
    has used accounting applicable to insurance contracts. In this case, either IAS 39 or IFRS 4, ‘Insurance contracts’, may be applied.

  59. A robot…you wish…the only robots whose batteries are running out are yours.

  60. So what are you saying John gault …? we are being sued by criminals, hiding behind fictitious entities DBA IMPOSTERS…? Well no kidding…! We get that part…. However, these servicers are part of this Government Corp….that is what they are hiding…..their true identity…they are all branches of the FED…working for the FEDSTERS…They already proved our case at the onset of their fraudulent claims….They are felons…period…Why go down these rabbit holes when we know these complaints are frauds and there are a lot of easier ways to prove that. Go to your State Department of Financial and Professional Regulations and look up the servicer….they will be registered as DEBT COLLECTORS….Just like it says in their fraudulent fc complaint …..”this is an attempt to collect a debt”…..Our property is being stolen for FEDSTERS DEBT because they defaulted at the Origination ….and guess what..? Not only did the crooks pocket untold amounts of ill gotten gains…….THEY ARE POCKETING THE PROPERTY TOO… And collecting rent and their shareholders and investors, both foreign and domestic, are ALL INVESTED IN… their NATION OF RENTERS SCAM……COMPLETE COMMUNISM….

  61. Big mistake, EULE.

    Never, ever address the robot directly. It immediately winds it up for another 10 (or even 14) stupid, useless, inflammatory and ridiculous posts. We’ve decided to ignore it. Eventually, the batteries will run dead.

  62. Get your baseball bats ready and anything you can use as a weapon…save the guns and bullets for the real confrontation….how about shooting some darts…? How about bb guns….? These thieves will make good target practice….Lots of ways to stop these thieves and lots of ways to inflict terror & pain ….Don’t live in fear….there are alot of things we can arm ourselves with …. time to adopt some really vicious attack dogs.

  63. Well guess what EULE…? I will not put myself in a cage and limit the truth to one forum……I pop up everywhere…just like they do …Where are all the patriots is the real question….? Other than Shelley and poppy…. I am the only one EXPOSING THIS MASSIVE CONSPIRACY by these crooks to STEAL ALOT MORE THAN THE ROOF OVER YOUR HEADS…..THEY WANT IT ALL….

    Here is a good example…….A friend called me yesterday to tell me she received a notice from a debt collector that they were coming to pick up her patio set after the debt was already extinguished in bankruptcy. They told her the patio set was a SECURED DEBT and they could come & take it…..She promptly called the Bk attorney….an assistant told her YES THEY CAN do that……my friend said ….I thought I hired you to protect me….? The ass-istant put her on hold and came back and told her…they cant do that but I would hide the patio set anyway… NICE HUH….? FEAR..FEAR…FEAR….RIGHT…? I told her I would keep a baseball bat handy.

  64. Johngault,

    Check the website deadlyclear (.wordpress). Again, can’t go through with the actual URL. LL won’t let me.

  65. Johngaqult,

    Go back to America Wholesale Lenders v. Pagano and/or American Wholesale Lenders v. Silberstein.

    “Courts have distinguished the roles of trade names, for example AMERICA WHOLESALE LENDER v. PAGANO stating,“We conclude that, because a trade name is not an entity with legal capacity to sue, the corporation has no standing to litigate the merits of the case.”

    AMERICA WHOLESALE LENDER v. SILBERSTEIN also found;

    “An assignee, however, may not commence an action solely in a trade name either, regardless of the entity to which the trade name applies, because a trade name is not an entity with the legal capacity to sue.  Nor could Countrywide cure the jurisdictional defect by substituting a party with the legal capacity to sue on behalf of the trade name. The named plaintiff in the original complaint never existed. As a result, there was no legally recognized entity for which there could be a substitute.” [. . .]

    …and continues”

    You need to specifically research both cases as LL won’t accept any cut-and-paste involving the site where I found this. I tried it twice and got nixed twice.

  66. Johngault,

    Justia currently lists 191 such cases involving standing and AWL. Don’t know what the outcomes have been or will be.

  67. Here is another point of view:

    “The purpose of registration is so that those who deal with your
    business can search for and identify the person(s) “behind” the
    name. As a fictitious business name is not a legal entity, it
    does not have contractual capacity (i.e. it cannot enter into
    contracts in its own name). A consumer wanting to do business
    with your business needs to be able to verify that the person with
    whom he or she is contracting has authority to enter into the
    contract as the business entity. By searching the fictitious
    business names register, the consumer can find out who is
    “behind” the business, as that is the party with whom he or she
    will be contracting (and, sometimes, suing if the transaction
    goes bad!).

    Example: Alfreda Smith conducts her florist business under the
    registered fictitious business name, “Blooming Right”. Florist
    Supplies, Inc. wants to enter into a contract with Blooming Right
    to supply Blooming Right’s stock of tulips. As Blooming Right
    is not a legal entity and only a DBA (“doing business as”, another
    term for a fictitious business name), Blooming Right does not have
    legal capacity to enter into the supply contract with Florist
    Supplies, Inc.. (Florist Supplies, Inc., of course, being a
    corporation – as evidenced by the “Inc.” – is a legal entity, and
    therefore has contractual capacity.) For this reason, Florist
    Supplies, Inc. will only be prepared to contract with Alfreda Smith,
    the legal entity behind Blooming Right. Florist Supplies, Inc.
    identifies the legal entity with contractual capacity by searching
    the fictitious business names register. Accordingly, the supply
    contract finally entered into will be between Florist Supplies, Inc.
    and Alfreda Smith, d/b/a Blooming Right.”

    ask a lawyer or 10

  68. I’ve been looking at fictitious names and it seems that where there is no registration of a fict name, that party is not able to contract.
    If AWL were a fict name and unregistered, what I’m reading I take to say they could not contract and cannot enforce a ‘contract’. If they couldn’t do those things in their own right, then they can’t assign or sell those rights. It also appears they may not contract in the fict name even if it’s registered. They have to contract as “ABC Gold, Inc. doing business as Sam’s Jewelry”. It strikes me then that an endorsement
    by “Sam’s Jewelry” on a note would have no effect (even if the contract were otherwise valid which it doesn’t appear to be.) I’ve opined this before, but as far as I know, these arguments aren’t being made.
    Does the legal community disagree – or is it failure to consider the issues? It’s just hard to say and that’s a sad fact.
    I’m thinking of all the people who signed a contract with “America’s
    Wholesale Lender”, on hearsay only an unregistered trade name for CWHL.
    Before courts go off some more and try to invoke some equitable remedies for banksters, they might consider the fact that anyone claiming (ulltimately) under AWL had an obligation to know from whom they were buying paper. It looks to me like the inability to contract would include a contract with MERS. IF CWHL had a contract with MERS and this is never a fact in evidence, it would not innur to AWL.
    there’s not even any evidence that AWL was a trade name (registered or otherwise) for CWHL. As far as I know, that’s just hearsay from 3rd parties. Courts won’t like this because of the scale if this stuff is true, but they have to live with it if it is. imo. (remember, equity is only
    available to those with clean hands)
    Here is one case I found on unregistered trade names from 2009 (MA SC ):

    http://www.preti.com/Unregistered-Trade-Names

    The case is Treadwell v J.D. Construction Co., Inc.

    lay opinions – ask a lawyer or 10

  69. This is a very interesting video about how to fight.

    I call your attention to the last part of the video: how the Brits fight intrusion into their home. Start watching at 39minutes. There you have employees knocking on people’s doors, trying to collect the BBC fees (BBC is governmental and does collect fees. It has a charter and it is an arm of government but that’s beside the point).

    Brits immediately start filming when those employees come. They insist on having some ID shown while refusing to answer any question whatsoever. Employees try to bully them, to no avail. Now, watch how the people, having refused to cooperate, announce that “this will be on youtube tonight”. Watch the BBc employees run for cover.

    Not one gun drawn. Not one bullet shot. Not one drop of blood, not one blow exchanged. And yet, it does the trick!

    Folks, if Americans had fought banks, locksmiths, sheriffs and other that way right off the bat evictions could never have gone on.

    What does that kind of fighting take? Conviction, courage and faith. That’s all. And centuries of wars, occupation and defending your property and livelihood.

    The biggest handicap Americans have is that they never saw war and were never occupied. They cave in right away.

    Learn to fight for what’s yours or shut the hell up! Those Brits don’t sit
    all day in front of a computer doing nothing but pester the rest of the world who takes action. I am not in the habit of wishing ill to anyone but if Attending Moron loses everything, it will serve her well.

    Europe will come out on top. America? Not so much…

  70. stripes , I think you need your own forum ?
    Here is the new CHASE HELOC settlement , to opt out or take the $35
    What a joke :
    http://www.chasehelocsettlement.com/CaseInfo.aspx?pas=JPL

  71. Truth be told, the police can’t be everywhere and if the citizenry were armed and the criminals knew it. Most horrible crimes would not happen. Bad things can only happen to people who are unable to defend THEMSELVES properly ….The same goes for fraudclosure. The crooks hiding behind the scenes of this knew we were uneducated, did not know our legal rights or the rule of law in regard to real property…securities laws…trust laws…criminal law…..constitutional law….federal law…contract law…RICO ..state law..etc….they thought that it would require the average citizen, fighting fraudclosure 20 years worth of legal education to fight one foreclosure. They sadly underestimated their opponents who hold freedom dear and their Constitutional Republic sacred. Because freedom is guaranteed to no one and must be guarded and protected and from time to time restored by its citizenry.

  72. Here is the confession in its entirety….Diary of a paid Internet shill…….. http://veteranstoday.com/2012/10/12/diary-of-an-israeli-shill/
    The confessor says the walk among us and they pay special attention to gold bordered WATS posters…….in other words if you are speaking the truth the will attack you and call you anti semetic…nuts and attack you with sexual innuendos…..

  73. Look for this article at the link below….. I WAS A PAID INTERNET SCHILL: HOW SHADOWY GROUPS MANIPULATE PUBLIC OPINION AND DEBATE

  74. Say hello to my little friend…..THE TRUTH…

  75. LOOK FOR THESE HEADLINES AT THE LINK BELOW….CHICAGO POLICE CHIEF SAYS: WE WILL SHOOT LICENSED CIVILIANS WITH GUNS……AND ILLINOIS GOVERNMENT WANTS GOLD REGISTRATION……

    THE CITIZENS SAY SCREW YOU CROOKS…..

  76. What a disgrace…! Read all about it here…
    http://www.fourwinds10.net/

  77. That goes for EVERYONE….including the President…the Congress the Senate, law enforcement, the judges, the Governors and the Mayors at all levels. Legal or Financial theories are not based in law or fact. They are all acting like juvenile hoodlums. It is an embarrassment to the citizenry and the whole world is watching. Do they think everyone is this stupid? NO….They are just this arrogant and it is a disgrace. They should all resign effective immediately. WE THE PEOPLE would be far better off if they all steeped down like Nixon did, then having to witness this disgrace continue to play out worldwide on a daily basis.

  78. I refuse to shrink from controversy, no matter who or what the controversy is because, that is how a constitutional republic works. These criminals use our legal rights as a shield to cover up for their infamous crimes against us. Like pleading the fifth in a bogus hearing conducted by their criminal friends….Or answering soft ball questions in hearings by their comrades….NO…..Suspected criminals should be treated as such……If they don’t want to incriminate themselves, the rule of law should not be stymied by suspected criminals invoking the Constitution to upend and suspend the rule of law……invoking your legal rights is not a FREE PASS…..When criminals first violate our rights in order to commit crimes, they have a right to an attorney…..NOT A FREE PASS to keep doing the same crimes, invoking of ones legal rights does not mean the RULE OF LAW stops ruling….NO….THE RULE OF LAW should be followed to the letter of the law and they should have to hire a private attorney and face questioning and judgement by a jury like all of the rest of us.

  79. The only open and honest Government is….WE THE PEOPLE who are exposing all the secrets, lies, deception and fraud by these crooked politicians who are nothing more than robberbarons for the rich and are enriching themselves by throwing the citizentry under the bus. I see the signs that this is the evil endgame plan to what J.F.K. spoke of in his speech on Secret Societies, “this is a monolithic conspiracy.”…….

    The truth is, bad things happen when good people know the truth and refuse to speak the truth….. That is why we are being held hostage by these diabolical crooks……..

    They keep subverting the truth hoping we will believe their latest lies they are feeding the masses. Thankfully, because there are some really honest people left, all of these evil plans are being revealed along with WHO the traitors are. I thank God for the warning…666…I believe only by Gods good graces this was allowed.

  80. Readers looking for serious help read Neils information like I did and look for tips on the blogs. I hope to give many tips that expose all of the secrets deception fraud and lies by you trolls and I can send the trolls running for the exits. Because this is America, and I intend that it stays that way…. Because myself and millions of other Americans strongly agree with these words………”The word secrecy is repugnant in a free and open society.” – John F. Kennedy

  81. You trolls sure do a fine job of exposing yourselves. Congrats….you make my mission easier…..Taibbi on CNN talking WALL STREET LIES…..& THEIR HIDDEN BALANCE SHEET INSOLVENCY…..Nice try Matt, but the real problem is their shareholders & investors….THE TOP OF THE PYRAMID SCHEME……All the traitor politicians, their minions & cohorts are invested in this scam to rob us into complete Orwellian communist submission……Taibbi exposed himself in the end of the interview when Ali Velshi asked him….So, you don’t think the (BALANCE SHEET) INSOLVENT BANKS (SHAREHOLDERS & INVESTORS) SHOULD HAVE BEEN BAILED OUT..? TAIBBI REPLIED ……YES…..BUT NOT TO THE EXTENT OF TBTF……..So he contradicted himself and said INSOLVENT BANKS WHO ROBBED THE AMERICAN PEOPLE SHOULD HAVE BEEN BAILED OUT……NO..THEY SHOULD HAVE BEEN SHUT DOWN BY THE U.S. GOVERNMENT…AUDITED….ALL OF THEIR OVERSEAS BANKSTER ACCOUNTS SEIZED AND THEY SHOULD HAVE ALL BEEN THROWN IN MILITARY PRISON FOR WAR CRIMES AGAINST THE CITIZENS OF THE UNITED STATES….ALL TRAITORS ARE BEING EXPOSED…

  82. My observation…. the Politicians are NOT GOVERNING …..they are ruling by terrorizing WE THE PEOPLE……WE THE PEOPLE ARE THE GOVERNMENT…Not these creeps who are terrorizing people everyday with all of their MANUFACTURED CRISES……TERROR..TERROR..TERROR..CRISIS…CRISIS…CRISIS…..It’s like they are trying to tell everyone go kill yourselves, because it’s all gloom and doom from here. Screw them.

    I say EXPOSE, EXPOSE, EXPOSE…THE SECRETS….LIES …..DECEPTION & FRAUD…… These frauds have hijacked our CONSTITUTIONAL REPUBLIC…..They are running their own little chaos magic democracy in America that is both UNCONSTITUTIONAL & ILLEGAL…THEY ALL NEED TO BE ARRRSTED FOR HIGH TREASON….

  83. CNN REPORTING: WASHINGTON GOVERNING BY CRISIS…….

  84. LOL….You call yourself Americans..? Shut her up, she is telling too much of the truth… I would never ask for someones legal rights to be taken away no matter what they said. You are either traitors and work for the traitors or you are commie foreigners sticking your two cents in where they don’t belong like piers Morgan. Either way, you are commie subversives and you should be arrested. MMcloud who in heck are you.? The trolls are out in force, I must have really hit on something here. Funny, RT was talking about this secret society crap yesterday. Secrets are why we are in this mess. Here are some more ….the Rosicrucians & the Freemasons ……
    http://www.terrorism-illuminati.com/rosicrucians-freemasons

  85. E. ToLLe,

    Is there a way to block it from simply appearing on our individual computer? Not good with all that technology.

  86. In case Neil is reading his blog, which wouldn’t appear to be the case, here’s a link to wordpress plug-ins, many of which can stop this problem.

    http://wordpress.org/extend/plugins/search.php?q=block+registering

  87. McCloud,

    People have been complaining since June. Most readers seriously involved in foreclosure and looking for help have fled. As long as we don’t boycott the site, Garfield won’t do anything. Like all mentally ill people, she’s craving attention. And as long as one person here acknowledges her existence, this site is doomed.

  88. how can I block ivent/stripes….this is ridiculous.

  89. Ends are not bad things, they just mean that something else is about to begin. And there are many things that don’t really end, anyway, they just begin again in a new way. Ends are not bad and many ends aren’t really an ending; some things are never-ending.

    C. JoyBell C.

  90. E. ToLLe,

    You’re wasting your time. It is pathological. She doesn’t have the brains to realize that she keeps feeding her fears over and over by looking for proof of impeding doom and trying to project it onto everything and everyone. And she’s afraid of croaking or losing anything; in her retentive little mind, she’s trying to sink everyone around her to make sure no one gets out on top. God forbid someone would actually be able to prove her wrong! Then her entire purpose in life would have been for naught.

    Pathological. Garfield must like it that way.

  91. Stripes/ivent said, “E Tolle …what bidding is that….? I thought we are all trying to save our freedom and restore our Constitutional Republic…..? Obviously you and a few others have another agenda.”

    Yes we do, and this is the whole problem boiled down to a thick sludge….in Neil’s own words, “[Living Lies] is a developing resource for attorneys and borrowers to assist them in creating strategies and tactics in foreclosure defense and offense.”

    Nowhere does the site creator say anything about ‘restoring the constitutional republic’, or ‘saving our freedoms’. Nowhere does he proffer advice or suggest discussion concerning The Dark Knight and black magic, the Vatican, and the laundry list of conspiracies that you babble about non-stop.

    It’s obvious that you are achieving your goal of disabling this website as a means for help and support of borrowers facing foreclosure and its peripheral legal issues. Good job moron. Pretty soon, Living Lies will be down to one poster ranting incessantly to an empty room. And all that Neil Garfield and others have worked for will be toast. And truth be told, one can only find fault with Mr. Garfield for not banning your insanity once and for all.

  92. Here is one of their dark art practices that may sound familiar…..”order out of chaos” like in the Dark Knight…the whole theme and message is dark, sinister and psychologically terrifying. Read about it here….Chaos magic……
    http://en.m.wikipedia.org/wiki/Chaos_magic

  93. Lets be honest … that’s all I ask. Why send people on trips down rabbit holes with crap like TILA..TILA would have been too easy….If it was meant to be easy, everyone would have had a loan recission by now and got a big fat check. That is what should have occurred but let’s remember, we are dealing with real psychopaths here. They want us to believe they own everything and they own us. These are diabolical minds we are dealing with here. They live for this torture & abuse stuff. It’s all about the psychological terror with them. They make Alfred Hitchcock look like a low budget thriller. These are pros …they are practiced at the art of deception and grow up in practicing the dark arts. This is the face of true evil …..evil incarnate. It is sizing us all up. They thought they would get us to willingly accept the mark of the beast . Thankfully some of us saw the signs and woke up and woke up others.

  94. Anderson Cooper & guest talking about internet stories circulating around the web where people are seriously questioning the official government stories about events like Sandy Hook. They are labeling everyone of any age. For example those 40 and over as cranks..? LMAO… Maybe the media and others should get their act together and tell the story straight in the first place. The media keeps changing their official story. That always raises red flags with law enforcement yet, law enforcement has been doing that itself quite often these days. Like Gabby Gifford’s shooting, the FBI kept changing its story..shes dead..shes alive…shes dead..shes alive….What the hell..? Then the politicians …..Lybia was not a terror attack…then they weren’t sure…then it is…& fast & furious….and 9/11…right away they knew it was a terror attack & who did it..They are all full of it IMHO….BIG FAT LIARS…What do they expect….no one trusts a one of them….esp that largesse decendent of Satan, CIA agent Andersen Cooper ..,..they are all well paid actors….

  95. More controversy regarding the FED… http://www.globalresearch.ca/who-owns-the-federal-reserve/10489

  96. I got my 5 posts back from staircase brain. All is well. Time to go to bed.

    My pleasure, UKG. Proving to scared and apprehensive homeowners that fighting yields results is my current mission. Who knows… It might even help a few take action.

  97. I should make clear the shareholders who are all private banks…elect 6 of the 9 board of directors of their regional Federal Reserve Bank as well as choose the President…The biggest shareholder is the ROTHSCHILDS, the bank of London own 57% controlling interest in the FED. Read about it here….
    http://www.usagold.com/federalreserve.html

  98. thanks for those cases, Christine….

  99. This is not British/American Hegemony….this is European uber rich control freak hegemony. It’s not the countries or their people, its the rich jerks at the top…..the shareholders who are the robberbarons for the nauseatingly greedy rich investor freaks both foreign and domestic who all trace their bloodline back to Satan’s seed. They believe they are the spawns of Satan and self appointed themselves rulers and their own gods. I won’t allow you or anyone to blame the victims of their evil plan for world domination.

  100. I don’t believe the whole world is out to get me. However, I do know evil takes on many forms. Unfortunately, fraudclosure is just one of many.

  101. E Tolle …what bidding is that….? I thought we are all trying to save our freedom and restore our Constitutional Republic…..? Obviously you and a few others have another agenda.

  102. Why do you let evil control you Christine..? When you let evil control you, it will ultimately destroy you physically, mentally, emotionally and spiritually. Evil is an equal opportunity destroyer.

  103. I am thankful this evil is now being revealed to those who want to see it so they can save themselves from it.

  104. Back already? That was a quickie! Did he smile, at least?
    Blahblahblahblah.

  105. Sounds like you could use to take a bit of your own advice Christine. I am thankfully and gratefully awakened. I heeded the warning signs and started paying attention. It is an awesome feeling to know who my enemy is, how this evil works and what it wants. The truth is, it can only deceive you, steal from you and destroy you if you do not know who your enemy is, its evil methods and machinations and what it ultimately wants. What this evil wants is something money can’t buy or save, what this evil really wants is our souls for all eternity. Too many of us let our guard down for a long time and allowed it to victimize us in many ways. The truth is, evil always takes new forms. Usually more evil and deceptive than it was before. I have faith good will win.

  106. E. ToLLe,

    There are basically two kinds of people: those who have decided once and for all that the entire world is out to get them, they are victims, everything is lost and all they can do is sit and prove they’re right. Then, they spend the rest of their life convincing everyone else that there’s no hope (that would be attending moron, whose only purpose in life is to piss off as many people as she can in the shortest possible time and destroy our hope in everything and everyone. So far, she seems to succeed… based on the number of people she’s managed to permanently chase away. Somewhere, she is doing Neil Garfield’s bidding. Otherwise, he would kick her out).

    Then there is the opposite kind who is absolutely convinced that “this too shall pass”, humanity has found itself in seriously hot water before and has always managed to come out on top. Bankers can only last so long, the world is evolving at the speed of light, Israel doesn’t have the clout it once had, an effort is made worldwide to understand and accept other cultures and American/British hegemony has taken a serious beating. Everywhere I look, i find signs that we are moving in the right direction. Think about it: disclosure is weeks or months away (the first country to disclose its entire records on ETs is France in 2007 and since then, every country but the US has been actively cooperating in contacting them and sharing technology. Keshe foundation got hundreds of patents for energy that does not require any fossil fuel or coal and has GIVEN the technology to over 15 countries thus far. Monsanto is losing ground every single day.

    Sure, I’m in court about a lousy house I could lose but… in the big scheme of things, it is pretty trivial to me. It is only a house. Not my life. I know what it feels like to be in the first group. Not good at all. I know how it feels to be in the second group: very, very good. So, I share my optimism. because, in the end, if I was wrong, I haven’t lost anything and I had a great time dreaming and helping others dream.

    If moron is right (which is simply impossible. She cannot be right. It is too unnatural to be humanly possible), I’ll deal with it when I get to it.

    You’ll be vindicated. I know that. You and everyone else who was set up by the banks and by successive governments.

    And moron, i don’t want to read from you. Go get laid. Do something nice for a change. Who knows, you might even put a smile on your husband’s face.

  107. I mean, how much further doth one need look? (I did that Old Testament style for ivent’s sake, assured that after the shift change, she’ll be back.) From the grey lady herself:

    In the face of widespread evidence of illegal foreclosure practices, federal regulators in 2011 told the big banks to investigate themselves.

    What are the odds that they’ll fall in line behind our president and find that nothing illegal happened? Oh well, we know the answer to that question. News flash: self policing produces no criminals.

  108. Christine, you know I love you, but my cynicism overrules your happy-faced optimism 12 out of 13 times. You cite a case here and there, and believe me, I love it. But the truth is, I still find articles from 2010 – 2011 saying that the banks are in deep shit….MERS is struggling….and so on, but we both know that TPTB are and will continue to foam the runways with our assets and dead bodies.

    I do so hope you’re right. I don’t feel too good about it right now. Yes, it feels as if the tide’s turning, but that’s what tsunamis look like on the horizon as well.

  109. “I don’t wonder why older people are losing their memories to Alzheimer’s a lot nowadays. They know too much.”

    Paving the way for her bright future, I see. I wonder if people are allowed access to internet when they’re locked up…

  110. Our Commander in Thief said:

    “….while much of the conduct that led to the financial crisis was unethical and irresponsible. . . .[W]e also have discovered that some of this behavior, while morally reprehensible, may not necessarily have been criminal.”

    Notice how this scholar of law used the wording “that some of this behavior” ……that left wide open plausible deniability. What was he promised? Or threatened with? Can a citizen do a citizen’s arrest on the president?

  111. You are too funny ivent/stripes! It’s amazing to watch someone’s head explode in slow motion and see the insanity unfurl on a blog…..I’ve never seen anything like this. Too much. Literally. I hope to never see it again.

    Is God talking directly to you? Or do you have a tablet that has heavenly wifi? Richard for brains.

  112. Fear is not knowing the truth. Knowing the truth is power.

  113. I don’t wonder why older people are losing their memories to Alzheimer’s a lot nowadays. They know too much.

  114. Secrets, lies and deception to defraud is what drags a nation and its people down the road to fraudulently induced hell on earth. Nothing is sadder than a fool and his money…. It makes people into monsters…You should never take everything for yourself and leave nothing for anyone else. Greed is a deadly sin.

  115. Deb,

    My pleasure. Some people would like to drag down everyone with them in their folly. Those are the ones who lose it all.

    I see my job as lifting up people’s hopes and helping them in their fight by giving them good news instead of undocumented unsubstantiated conspiracy theories that can only exist because of morons willing to disseminate the fear.

  116. The numbers 666 are a warning….that warning means come to Gods secret place…he will give you the knowledge that you seek.

  117. Hearing and seeing these numbers in this sequence 666 is the wake up call to pay attention and study and understand all of the meanings associated with those numbers….

  118. In gods secret place you find the knowledge that Satan tries to hide..

  119. Study numbers ….God speaks to us through numbers and Satan always counterfeits God…for example 666 means Gods secret place….

  120. Satan isn’t all in my head….it is in the heads of these tyrants. They have openly admitted they believe they take their orders directly from Satan…and they believe abusing others, causing others untold suffering, as well as punishing and killing others for their crimes gives them power. Do your research on the satanic cult who has hijacked the world and the Illuminati bloodlines.

  121. Its about defense of all of our rights Christine. Fraudclosure is part of it but what are we really fighting for…? Our constitutional rights to be free….so stop whining Christine …

  122. […] Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud Tagged: assessments, condominium associations, HOMEOWNER ASSOCIATIONS, neighborhood blight, REIT, REMIC, zombie foreclosures, ZOMBIE mortgage, ZOMBIE title Livinglies’s Weblog […]

  123. christine-
    thanks for the cheering up.

  124. Oregon Supreme Court hears key foreclosure case

    The roles of the electronic mortgage registry and the judicial system will be decided

    Lenders will face an uphill climb in the Legislature, however, after Democrats took control of the state House. Incoming House Speaker Tina Kotek has been a vocal critic of lenders’ foreclosure practices.
    Oral Argument in Niday v. GMAC

    A state appeals court ruled in July that lenders using MERS must go through the courts to begin foreclosure proceedings. Since then, so-called nonjudicial foreclosures, which used to comprise nearly all foreclosures in Oregon, have all but stopped as lenders have turned to the court system or waited out a definitive ruling on the status of MERS.

    It’s unclear what would happen to foreclosures already completed, although the court has been asked to rule on that question, Harpster said.

  125. Another win for the homeowner

    Citimortgage, Inc. v FINOCCHIARIO | NYSC – MERS Assignments, Absent a demonstration of both ownership of the mortgage and the note, …lacks both the capacity and standing to sue

    Conclusion

    It has become evident that the foreclosure crises has brought to light shortcomings in our
    civil litigation system. Many individuals when first presented with a summons and complaint in
    a foreclosure action choose to try to remedy the problem on their own rather than consulting with
    trained legal professionals. Perhaps this reaction is due in part to the widespread advertisement
    of federal foreclosure prevention programs such as the Obama Administration’s Making Home
    Affordable program. Or perhaps it is the rampant confusion felt by homeowners who do not
    understand how the MERS systems operates. However, it has become evident that especially in
    the realm of foreclosure litigation that it would be a miscarriage of justice to continue to treat
    standing as a defense that can be waived.

    Accordingly, it is hereby:

    ORDERED, that Angela Finnocchiario’s order to show cause is granted and the default
    judgment is vacated, and upon the default being vacated the complaint is dismissed for lack of
    standing; and it is further

    ORDERED, that the Clerk shall enter judgment accordingly.
    ENTER,

    DATED: January 4, 2013

    Joseph J. Maltese
    Justice of the Supreme Court

  126. One more successful appeal.

    [Cite as Christiana Bank & Trust Co. v. Ostrander, 2013-Ohio-46.]
    IN THE COURT OF APPEALS OF OHIO
    SIXTH APPELLATE DISTRICT
    LUCAS COUNTY
    Christiana Bank & Trust Company, Court of Appeals No. L-11-1075
    as Owner Trustee of the Security
    National Funding Trust Trial Court No. CI0200807327
    Appellee
    v.
    Bonnie Ostrander, et al. DECISION AND JUDGMENT
    Appellant Decided: January 11, 2013
    * * * * *
    Eric T. Deighton, for appellee.
    Steven L. Diller, for appellant.
    * * * * *
    SINGER, P.J.
    {¶ 1} Appellant appeals a judgment that confirmed a foreclosure sale in the Lucas
    County Court of Common Pleas. Because we conclude that appellee failed to establish a
    justiciable interest in the subject matter of the suit at the time it attempted to invoke the
    jurisdiction of the court, we dismiss the case.
    2.
    {¶ 2} On January 10, 2007, appellant, Bonnie Ostrander, borrowed $138,600
    through Freedom Home Mortgage Corporation. The note for this debt was secured by a
    mortgage on real property on Roseanna Drive in Toledo, Ohio.1
    {¶ 3} On October 8, 2008, appellee, Christiana Bank & Trust Company, as Owner
    Trustee of the Security National Funding Trust, filed suit alleging that it was the holder of
    the note and that appellant was in default for lack of payment. Appellee sought judgment
    on the note, foreclosure of the mortgage and sale of the property to satisfy the debt.
    {¶ 4} When appellant failed to answer the complaint, appellee moved for a default
    judgment. On January 28, 2009, the court granted appellee’s motion, foreclosed the
    mortgage and ordered sale of the property. Appellee filed an order of sale on September 9,
    2009.
    {¶ 5} On January 25, 2010, counsel for appellant entered an appearance and
    moved the court to withdraw its order of sale. Appellant also asked the court to enforce a
    purported settlement agreement between appellant and appellee. According to appellant,
    appellee agreed that, if appellant would make payments to bring the loan current,
    appellee would modify the terms of the note to reflect a fixed interest rate, give notice to
    credit reporting agencies that she was not delinquent and dismiss the foreclosure suit.
    Appellant claimed she had made the agreed payments, but appellee had not performed its
    reciprocal duties. Appellee responded on March 4, 2010, denying the existence of a
    settlement agreement.
    1 Appellant’s husband, Charles Ostrander, is on the mortgage for dower interest only.
    3.
    {¶ 6} On March 31, 2010, appellant filed a Civ.R. 60(B) motion to set aside the
    default judgment and requested the court withdraw the order of sale. The trial court
    withdrew the order of sale and set an evidentiary hearing on appellant’s motion for
    April 29, 2010.
    {¶ 7} It is not clear if the April hearing occurred. The parties agree that there were
    discussions that led to a May 27, 2010 consent entry. This second entry appears identical
    to the first default judgment except the order of sale is delayed 90 days. Appellee
    concedes that it agreed not to seek a deficiency judgment against appellant as part of its
    understanding leading to the consent entry. The parties suggest the 90-day waiting period
    was to allow further negotiations. The order of sale was eventually set for September 15,
    2010.
    {¶ 8} On September 14, 2010, appellant again moved the court to withdraw the
    order of sale, asserting that appellee refused to negotiate in good faith. Again the court
    cancelled the sheriff’s sale. The sale was eventually rescheduled for March 16, 2011.
    {¶ 9} On February 24, 2011, at appellant’s request, the court referred the matter to
    foreclosure mediation. On March 8, 2011, appellant moved to again vacate the sale date.
    {¶ 10} The court denied appellant’s motion to vacate the order for sheriff’s sale.
    The sale proceeded as scheduled, following which further mediation was cancelled. The
    court confirmed the sale on April 1, 2010. Appellant appealed.
    4.
    {¶ 11} Appellant sets forth the following three assignments of error:
    First Assignment of Error
    The trial court erred as a matter of law when it denied appellant’s
    motion pursuant to Rule 60(B).
    Second Assignment of Error
    The trial court erred when it denied appellant’s motion to stay the
    execution of judgment.
    Third Assignment of Error
    The trial court abused its discretion when it denied appellant’s
    motion to vacate the sheriff’s sale while the case was referred to the
    foreclosure magistrate.
    I. Relief from Judgment
    {¶ 12} Civ.R. 60(B) provides:
    On motion and upon such terms as are just, the court may relieve a
    party or his legal representative from a final judgment, order or proceeding
    for the following reasons: (1) mistake, inadvertence, surprise or excusable
    neglect; (2) newly discovered evidence which by due diligence could not
    have been discovered in time to move for a new trial under Rule 59(B);
    (3) fraud (whether heretofore denominated intrinsic or extrinsic),
    misrepresentation or other misconduct of an adverse party; (4) the judgment
    has been satisfied, released or discharged, or a prior judgment upon which
    5.
    it is based has been reversed or otherwise vacated, or it is no longer
    equitable that the judgment should have prospective application; or (5) any
    other reason justifying relief from the judgment.
    {¶ 13} To prevail on a Civ.R. 60(B) motion for relief from judgment, “the movant
    must demonstrate that: (1) the party has a meritorious defense or claim to present if relief
    is granted; (2) the party is entitled to relief under one of the grounds stated in Civ.R.
    60(B)(1) through (5); and (3) the motion is made within a reasonable time, and, where the
    grounds of relief are Civ.R. 60(B)(1), (2) or (3), not more than one year after the
    judgment, order or proceeding was entered or taken.” GTE Automatic Elec, Inc. v. ARC
    Industries, Inc., 47 Ohio St.2d 146, 351 N.E.2d 113 (1976), paragraph two of the
    syllabus; Covert Options, Inc. v. R.L. Young & Assocs., Inc., 2d Dist. No. 20011, 2004-
    Ohio-67, ¶ 7. All three elements must be established, and “the test is not fulfilled if any
    one of the requirements is not met.” Strack v. Pelton, 70 Ohio St.3d 172, 174, 637
    N.E.2d 914 (1994); Fifth Third Bank of W. Ohio v. Shepard Grain Co., Inc., 2d Dist. No.
    2003 CA 40, 2004-Ohio-1816, ¶ 10. On review, an appellate court may reverse a court’s
    ruling on a Civ.R. 60(B) motion only on a showing of an abuse of discretion. Griffey v.
    Rajan, 33 Ohio St.3d 75, 77, 514 N.E.2d 1122 (1987). An abuse of discretion “connotes
    more than an error of law or judgment; it implies that the court’s attitude is unreasonable,
    arbitrary or unconscionable.” Blakemore v. Blakemore, 5 Ohio St.3d 217, 219, 450
    N.E.2d 1140 (1983).
    6.
    {¶ 14} There seems to be more than enough confusion associated with this
    assignment of error to taint all parties. Appellant moved for relief judgment on
    March 31, 2010. The trial court did not rule on this motion. Ordinarily, when a trial
    court does not rule on a motion it is presumed to be denied. Kostelnik v. Helper, 96 Ohio
    St.3d 1, 2002-Ohio-2985, 770 N.E.2d 58, ¶ 13. Nevertheless, the court behaved as if it
    had partially granted the motion. It stayed the sale and was willing to ratify an amended
    default judgment entry by consent of the parties, albeit the only difference with the
    original entry being a 90-day delay of the order of sale. Thus, with respect to the
    March 31 motion, we cannot say that the court’s decision was adverse to appellant.
    {¶ 15} It is not the March 31 motion, however, which appellant appeals.
    Appellant maintains that her September 14, 2010 motion to withdraw the order of sale,
    although not denominated a Civ.R. 60(B) motion, contained arguments “in the nature of
    such a motion.” In support of appellant’s proposition that the September 14 motion
    should be treated as pursuant to Civ.R. 60(B), appellant points out that, in its response,
    appellee argued that appellant failed to satisfy the requirements of the rule.
    {¶ 16} The prerequisites for a party seeking to foreclose a mortgage are execution
    and delivery of the note and mortgage; valid recording of the mortgage; default; and
    establishing an amount due. First Natl. Bank of Am. v. Pendergrass, 6th Dist. No. E-08-
    048, 2009-Ohio-3208, ¶ 21. In this matter, appellant complained and presented evidence
    that her dealings with appellee were punctuated with a lack of cooperation,
    miscommunication and any number of other irritants that engendered frustration. In
    7.
    appellant’s view, after the suit was filed, the bank made misrepresentations to her in order
    to get her to send them more money, which she sent. The bank then stalled, refused to
    talk to her and made promises it did not keep.
    {¶ 17} Ordinarily, appellee’s right to foreclose the mortgage would have been set
    when the suit was filed. Appellant did not contest that she executed the original note and
    mortgage. There is no dispute that the note and mortgage were properly recorded. There
    is nothing in the record to suggest that appellee’s assertion that appellant was in default
    on her payments was not true. Neither is there any dispute as to the amount due,
    especially since appellee agreed to forego any deficiency judgment.
    {¶ 18} Subsequent to oral argument on this matter, however, the Supreme Court of
    Ohio released an opinion dispositive of this matter. In Fed. Home Loan Mtge. Corp. v.
    Schwartzwald, Slip Opinion No. 2012-Ohio-5017, ¶ 28, the court held that a party that
    failed to establish an interest in the mortgage or the note at the time it filed suit had no
    standing to invoke the jurisdiction of the court. Moreover, a litigant cannot cure a lack of
    standing after the commencement of the suit by later obtaining an interest in the subject
    of the litigation. Id. at ¶ 39. A lack of subject matter jurisdiction may be raised sua
    sponte by the court at any stage of the proceedings, including on appeal. Miller ex rel.
    Lafountain v. McMichael, 3d Dist. No. 11-03-08, 2003-Ohio-6713, ¶ 8.
    {¶ 19} In examining the documents filed by appellee, we note that attached to the
    original complaint and the subsequent motion for default judgment is a “Note Allonge”
    signed by the secretary of Freedom Home Mortgage Corporation which states, “Pay
    8.
    without recourse to the order of” followed by a blank line. To the motion for default
    judgment is attached a “Mortgage Assignment” dated October 1, 2008, from “Mortgage
    Asset Registration Systems, Inc., as nominee for Countrywide Mortgage Ventures,
    L.C.C.” to “Countrywide Home Loans, Inc.” for property owned by Brian Smith located
    in Miamisburg, Ohio. Nowhere in the record is there any document in support of
    appellee’s assertion that it is the present holder of appellant’s note and mortgage, let
    alone any evidence that the assignment was antecedent to filing the complaint. Absent
    establishment of a justiciable interest of the subject matter of the suit at the time it
    attempted to invoke the jurisdiction of the court, the suit must be dismissed, rendering all
    of appellant’s assignments of error moot.
    {¶ 20} On consideration whereof, the judgment of the Lucas County Court of
    Common Pleas is reversed. Pursuant App.R. 12(B) and Schwartzwald at ¶ 40, the
    underlying suit is dismissed without prejudice. It is ordered that appellee pay the court
    costs of this appeal pursuant to App.R. 24.
    Judgment reversed.
    A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See
    also 6th Dist.Loc.App.R. 4.

  127. Hey Neil,

    When did your blog become about Obamacare, the microchip (!!!) and the mark of the beast (!???)

    I thought it was about foreclosure defense. Can you fix that once and for all? I’m starting to read some pretty derogatory stuff about this site and people who need real help are getting the hell away and going elsewhere to get their info.

  128. She’s gona feel like a real genius when she realizes that Satan was all in her sick head all along… and she was doing its fear-mongering work.

  129. How would the American people feel if they knew they were working for, defending, voting for, worshipping with, donating to, investing in, shopping at, being patrons of and sending all of their payments to communists who are by many proxies, in fact, by their own admission, criminals and inbred satanists, vampires, human sacrificing, animal sacrificing, pedophiles, child, teenage and adult sex traffickers, pornographers, mental and physical abusers, drug dealers to their children and to them, they are the terrorists, who create all of the wars, illnesses and poor economic conditions here and around the world and they have the cure for everything because they create all of these evil things to destroy everyone, mentally, emotionally, spiritually, physically and financially. They are diabolical and maniacal control freaks who openly brag they take all of their orders directly from Satan and want you to believe they own you and they want you to willingly or by criminal deception, accept Satan and all of his evil works……? They use poor education, religion, the media and government to make you believe their lies…because they fund those programs with our stolen wealth…? Would they willingly work for, invest in, defend, worship with, donate to, be patrons of, vote for, or send their payments to them….?

  130. In reality, all of these debts are fraudulently induced because WE THE PEOPLE PAY FOR EVERYTHING UPFRONT AT THE ORIGNATION AND THE GOVT CORP HJACKED OUR UTILITIES AND NATURAL RESOURCES AS WELL AS OUR CURRENCY FOR THE BENEFIT OF THE FED SHAREHOLDERS & INVESTORS…..NEARLY EVERY DIME THEY COLLECT IS A FRAUDULENTLY INDUCED DEBT EXCEPT FOR PROVIDING A SERVICE AND WALL STREET OVERISSUED THAT TOO…..THEY ARE ROBBING US RIGHT INTO COMPLETE COMMUNISM…& THE MICROCHIP….ALL PAYMENTS AND PROPERTY THE GOVT CORP ARE COLLECTING ARE THEFT TO FRAUDULENTLY INDUCE COMPLETE COMMUNISM UPON THE AMERICAN PEOPLE AND IT IS ALL CRIMINAL BECAUSE THEY FULLY INTEND TO DECEIVE THE MASSES…THEY WANT US TO BELIEVE WE SHOULD ACCEPT COMPLETE COMMUNISM AS A FIX FOR ALL OF THEIR CRIMINAL FRAUD ALL THE WHILE THEY ARE MORE SEVERELY ROBBING YOU TO FORCE YOU TO ACCEPT COMPETE COMMUNISM BECAUSE THEY ROBBED YOU OF EVERYTHING AND NOW YOU HAVE NO CHOICE…..THE BIBLE PREDICTED THAT NO ONE WILL BE ABLE TO BUY, SELL OR TRADE WITHOUT THE MARK OF THE BEAST AND THAT WOULD BRING ON THE FURY OF GODS WRATH.

  131. How does the Government Corporation that we all fund, and their SHAREHOLDERS & INVESTORS destroy the value of the currency AND DECEPTIVELY ROB US to financially weaken us even more….? By Inflation…People don’t even realize why EVERYTHING COSTS TWICE AS MUCH..IT IS ROBBERY & IT IS DECEPTIVE BECAUSE THE DOLLAR IS WORTH ZERO…IT TAKES TWO FEDSTER MONOPOLY DOLLARS TO MAKE ONE DOLLAR…MAYBE A LITTLE MORE….SO 4 BUCKS FOR A GALLON OF GAS MEANS A 2 BUCK GALLON OF GAS THE GVT. CORP & THEIR INVESTORS ARE ROBBING YOU OF 2 BUCKS FOR EVERY GALLON…$200 BUCKS WORTH OF GROCERIES IS $100 BUCKS WORTH OF GROCERIES….THE GOVT CORP & THEIR INVRSTORS JUST ROBBED YOU OF 100 BUCKS….THE CABLE BILL $100.00…THE GOVT CORP & THEIR INVESTORS JUST ROBBED YOU OF 50 BUCKS….THE MORE TAXES AND PRICES GO UP, THE MORE THE CURRENCY IS DEBASED AND THE MORE YOU GET ROBBED…..WHEN THE GOVERNMENT CORP & THEIR INVESTORS HAVE THE COPS TICKET AND FINE YOU & CHARGE YOU INTEREST….LATE FEES ON A FRAUDULENTLY INDUCED DEBT….THEY ROB YOU …… WHEN THE BANK CHARGES YOU UNJUSTIFIED FEES, WITHOUT YOUR KNOWLEDGE THAT ACCRUE WITH MASSIVE INTEREST DAILY IN THE FORM OF MORE FEES….THEY ROB YOU…. OR EXTORTION….BY THE TAX MAN WHEN THE STATE CHARGES YOU TAXES BASED ON INFLATED PROPERTY VALUES AND COLLECTS INTEREST & LATE FEES IN ANY FORM TO WEAKEN YOU AND TRY AND FORCE COLLECTION BY THREATENING TO TAKE YOUR PROPERTY FROM YOU…..OR WHEN, WITHOUT YOUR KNOWLEDGE, THE SERVICER OF A BILL OF CREDIT OR A THIRD PARTY DEBT COLLECTOR POCKETS YOUR PAYMENTS OR YOUR PROPERTY KNOWING FULL WELL THEY ARE IN DEFAULT…..THAT IS CRIMINAL AND THAT IS ROBBERY, ESP…WHEN THEY KNOW THAT WALL STREET OVERISSUED INVESTMENTS IN A REVENUE FLOW ON A BILL O CREDIT THAT WAS DESTROYED BY THAT FRAUD & DESTROYED THE VALUE OF THAT ORIGINAL BILL OF CREDIT THAT IS HEINOUSLY CRIMINAL…

  132. And now, lighten up all the doom-and-gloom-everybody-is-out-to-get-me fear mongers.

    IT HIT ME LIKE A TON OF BRICKS!!!!!

    I Just Realized Something

    It just hit me!
    My dog sleeps about 20 hours a day.
    He has his food prepared for him.
    His meals are provided at no cost to him.
    He visits the Dr. once a year for his checkup, and again during the year, if any medical needs arise.
    For this he pays nothing, and nothing is required of him.
    He lives in a nice neighborhood in a house that is much larger than he needs, but he is not required to do any upkeep.
    If he makes a mess, someone else cleans it up.
    He has his choice of luxurious places to sleep.
    He receives these accommodations absolutely free.
    He is living like a king, and has absolutely no expenses whatsoever.
    All of his costs are picked up by others who earn a living.
    I was just thinking about all this and suddenly it hit me like a ton of bricks ~

    My dog is a CONGRESSMAN!!!

  133. These investor crooks and fraud peddlers want us to believe investment is ownership and a lifetime entitlement program from us to them. That belief is called “MORAL HAZARD” and it is a very dangerous lie to believe because, it is the belief that fraud is legal because “someone is owed this money” and you “signed a legal contract” and therefore “a legal contract exists.” None of that is true when you realize you were fraudulently induced to sign a contract that did not disclose every aspect of the original transaction and that Original transaction never occurred and was in fact fraud by intentional deception by the issuer of the original bill of credit.

  134. It is fraudulent control because banks don’t lend money….they create money for themselves by lending credit they over borrow our wealth and print money……by this credit lending scam by the banks they and their investors invest in revenue flows that become worthless via Wall Street overissuing investments to every entity imaginable with derivatives….FRAUD….and it creates a vast unconstitutional and illegal conflict of interest in America. Allowing our enemies, these Globalist tyrants to invest in everything WE THE PEOPLE PAY FOR BY PROXY INVESTING in order to ROB US OF OUR WEALTH TO FRAUDULENTLY CONTROL WE THE PEOPLE…..AND THEY USE THEIR INVESTMENT BANKS AND HEDGE FUND MANAGERS TO OVERISSUE INVESTMENTS AND GAMBLE IN FICTITIOUS REVENUE FLOWS THAT DO NOT EXIST IN ORDER TO MAKE US BELIEVE WE ARE BROKE WHEN THEY DESTROY THE QUALITY OF THE CREDIT THE BANKS ISSUE…….THE TRUTH IS, SELLING DERIVATIVES IS FRAUD…WALL STREET IS PEDDLING JUNK…..SELLING DERIVATIVES IS A PYRAMID SCHEME THAT ONLY EXISTS UNTIL THE REVENUE FLOW IS DESTROYED BY OVERISSUING OF DERIVATIVES FRAUD…..AND GAMBLING ON DERIVATIVES FRAUD VIA THEIR HEDGE FUNDS….WALL STREET ARE WEALTH DESTROYERS.. AND THE LARGE INSITUTIONAL INVESTORS ARE CRIMINALS AND THIEVES BECAUSE BY MANY PROXIES, THEY STEAL OUR WEALTH. THE BANKS AND THEIR INVESTORS ARE VERY DECEPTIVELY COMPLETE CONTROL FREAKS….

  135. Why do the investors in the 4 large institutional investment firms, who are….BLACKROCK, VANGUARD, STATESTREET, FIDELITY… who control the TBTF multinational Govt Corp by INVESTING…want TBTF, OBAMACARE & A NATION OF RENTERS……AS LAW….? IT IS AN UNFETTERED REVENUE FLOW FROM ALL OF US TO THE INVESTORS AT THE TOP OF THEIR PYRAMID SCHEME. Obamas pension is invested in VANGUARD.

  136. A bank attorney told me a while ago, they can sell property on a cloudy title. The truth is, these crooks are using foreclosure as an operation of law to create a chain of title and the judges are using legal theories like “judicial notice” to aid and abet the theft of our property.. None of these foreclosures are legal. They are not based on law or fact. The judges are using COLOR OF LAW, because no such law exists, based on the theory of COLOR OF MONEY, that there is a certain amount of money “owed” that is in fact, fictitious, to a party who is really a fictitious party not even before the court. That is not only criminal by its deception, completely illegal and felonious but completely communist. The courts are seizing and stealing our property by deception…..”someone is owed a debt” for fictitious payees who are in fact, in default and went into default to commit felonnies in our names, witout our knowledge and are literally wantoned felons and criminal IMPOSTERS.

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