Veto Clock Ticking on Florida Foreclosure Bill HB 87

DISCOVERY TIP: Has anyone asked for a received the actual agreement between the party designated as “lender” and MERS? Please send to neilfgarfield@hotmail.com.

Questions for interrogatory and request to produce, possible request for admissions:

(1) If we accept the proffer from opposing counsel that the transaction (i.e, the loan) was done for the express purpose of fulfilling an obligation to investors for backing mortgage bonds through a REMIC asset pool, then why was MERS necessary?

(2) Why wasn’t The asset pool disclosed to the borrower?

(3) Why wasn’t the asset pool made the payee on the promissory note at origination of the loan?

(4) Why wasn’t the asset pool shown on a recorded assignment immediately after closing as the new payee and secured party?

(5) What was the business purpose of using MERS?

(6) Was the lender the source of funding on the loan or was it too just another nominee?

(7) Is there any identified real party in interest on the note and mortgage as the creditor?

(8) If there is no real party in interest on the note and mortgage, then how can the mortgage be considered perfected when nobody has notice of who they can go to for a satisfaction or release or rescission of the mortgage?

(9) In which document and what provision are the parties at the loan “closing” empowered to identify a party other than the source of funds as the payee and secured party?

(10) Who were the parties to the loan? — (a) the borrower and the source of funds or (b) the borrower and the holder of paper documenting a transaction that is incomplete (the payee and secured party never fulfilled their obligation to fund the loan)?

(11)If the servicer’s scope of employment, authority or apparent authority was limited to tracking the payments of the borrower only, and did not include accounting for the creditor, then how does the servicer know what is contained in the creditor’s accounting records? — Since the creditor in any loan subject to claims of securitization received a bond whose indenture provided repayment terms different than those terms signed by the borrower to another party entirely, how can any finding of money damages be determined by any court without a full accounting for all transactions relating to the loan?

(12) What is the identity of the party who was injured by the refusal of the borrower to make any further payments? To what extent were they injured? Are they qualified to submit a “credit bid” or must they pay cash for the property at auction? If they are not qualified to submit a credit bid then (see below) then under what legal theory should they be permitted to foreclose or for that matter seek any collection? Are these intermediary parties violating the FDCPA because they are neither the creditor nor the agent of the creditor and yet demanding payment for themselves?


FLORIDA 5th DCA: To establish standing to foreclose, Plaintiff must show that it acquired the right to enforce the note before it filed suit to foreclose. Important: the right to enforce the note means either they were the injured party or they represent the injured party. An assignment from a party who is proffered to be the injured party must be established with proper foundation from a competent witness.

GREEN V CHASE 4-5-2013


FLORIDA 4TH DCA: DATES MATTER: While the note introduced had a blank endorsement (note conflict with PSA, which is supposedly source of authority to represent creditor: note may not be endorsed in blank and in fact must be endorsed and assigned in recordable form and recorded where the law allows or requires it) and was sufficient [under normal rules governing commercial transactions — except if the parties agree otherwise which they certainly did in the PSA) to prove ownership by appellee, who possessed the note, nothing in the record (e.s) shows that the note was endorsed prior to filing of the complaint (or if you want to use this decision by analogy prior to initiation of the notice of default and notice of sale in non-judicial states). The endorsement did not cotnain a date, nor did the affidavit filed in support of the motion for summary judgment contain any sworn statement that the note was owned by the Plaintiff on the date that the suit was filed. [PRACTICE TIP: THEY DON’T WANT TO GIVE A DATE BECAUSE THAT WILL LEAD TO YOU ASKING FOR DETAILS OF THE TRANSACTION, PROOF OF PAYMENT, THE ASSIGNMENT AND WHETHER THE TRANSACTION CONFORMED TO THE PSA, NONE OF WHICH WILL BE PRODUCED. But  considering past behavior it is highly probable that they will fabricate documents that ALMOST give you a copy of the canceled check or wire transfer receipt but don’t quite get them to the finish line. Being aggressive on this point will clearly  put them on the defensive].

4th DCA Cromarty v Wells Fargo 4-17-2013

2d DCA: IS THE TRANSACTION GOVERNED BY THE UCC PROVISIONS EVEN IF THE PARTIES HAVE AGREED OTHERWISE? This is the nub of the issue in the Stone case (link below). We think that the courts are confused i applying ordinary rules from the UCC regarding the negotiation of commercial instruments and certainly we understand why — the UCC is the basis upon which we can conducted trusted business transaction and maintain liquidity in the marketplace. But if the party attempting to foreclose derives its powers from the Prospectus, PSA,or purchase and Assumption Agreement, then they cannot invoke the powers in those instruments on the one hand and disregard the provisions that prohibit blank endorsements of loans of dubious quality without an assignment that can only be accepted by the supposed creditor if it complies with the assignment provisions of the agreement under which the foreclosing party is claiming to have authority to enforce the note and mortgage. And this is precisely the risk and consequences of a lawyer not understanding claims of securitization and the reality of what the UCC means when it says things like “unless otherwise agreed” and “for value.” Without raising those issues on the record, the homeowner was doomed:

Stone v BankUnited May 3 2013

OCC: 13 Questions to Answer Before Foreclosure and Eviction

13 Questions Before You Can Foreclose

foreclosure_standards_42013 — this one works for sure

If you are seeking legal representation or other services call our South Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. In Northern Florida and the Panhandle call 850-765-1236. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer the phone are NOT attorneys and NOT permitted to provide any legal advice, but they can guide you toward some of our products and services.


The selection of an attorney is an important decision  and should only be made after you have interviewed licensed attorneys familiar with investment banking, securities, property law, consumer law, mortgages, foreclosures, and collection procedures. This site is dedicated to providing those services directly or indirectly through attorneys seeking guidance or assistance in representing consumers and homeowners. We are available to any lawyer seeking assistance anywhere in the country, U.S. possessions and territories. Neil Garfield is a licensed member of the Florida Bar and is qualified to appear as an expert witness or litigator in in several states including the district of Columbia. The information on this blog is general information and should NEVER be considered to be advice on one specific case. Consultation with a licensed attorney is required in this highly complex field.

136 Responses

  1. Hi, I am looking for an attorney in the State of MD who can help me protect my home. Previous, note was Salomon Bros now HSBC … BOA servicer now Nationstar… QWR reply from BOA states all documents lost… note holder stated to be Key Title from the QWR… that’s just the short of it.

    Please recommend an attorney or attorney group in MD.

    Regards James Formanek Cell: 410-652-4356

  2. I can prove the fraud in the refinance. I got the closing file from the title company (Stewart). The second HUD-1 (note – HUD-1A should be used for refi’s = clue #1) showed that I took $200k in cash??? It wasn’t a refi at all, they opened a HELOC account using my name and home equity. The wiring instructions in the file showed the account info for the HELOC in escrow. And, as someone else mentioned, there is a bait and switch on the closing agent for the HUD-1. The new closing agent seems to be the special real estate Attorney for the Trustee. Best part? The HELOC is for 75% of my appraisal value, thus PROVING my “debt” as extinguished and I owned all the equity in the home!! Now to rescind (I got my original Note and original Mortgage back stamped paid). Unless they want to explain how those docs are meaningless because of their conversion to a judge, not sure what they can do to try to take the house. After all, unless they can account for how the HELOC is showing I have full equity in the home at origination and THEY filed the fake Discharge of Mortgage in my register of Deeds after creating the HELOC, they lose.

  3. Right on poppy! You are a smart cookie.

  4. None of this matters, when you have debt collectors, posing as servicers…the PSA guides servicers, not debt collectors, 2 separate entities, laws guiding both.

    At the end of the day, the notes ARE satisfied and copies are being bought to collect on. This is where the rubber meets the road. An “outstanding” debt is collectible, not a paid-off/satisfied debt.

    These guys are tricking everyone, including judges. They are committing perjury, saying there is money owed. That is not the case. And IMHO this is your entire case.

    I am seeing this time and again. “I am the creditor”, “I am the lender”, I have an assignment from the trustee”, bull shit…if there is no trust who the frap are you collecting money for? And debt collectors ARE NOT working for any trust, trustee or bank…forget about it! IMHO only, no lawyer here, just know what I see…

  5. NG, check your email in a few for the mers thing you want

  6. Bottom line, the Illuminati banksters do not have any valid claims on our Securities because the laws of this land do not allow it.

  7. Right on, Deb.

  8. Christine, obviously I reposted it for neidermeyer because your ridiculous freak-outs take up too much space. When go on your tirades here I will repost—I couldn’t care less what you think about that… You have offered nothing here except bizarre attacks. Paranoid and creepy.

  9. re disinformation- I look at info like this- clinical picture, treat what you have, no what you don’t have. however, anticipate, think critically and prevent errors/harm and at all times STAND IN TRUTH.

  10. Oh also same miserable human offered me 6000usd cash for keys – i told him to shove it/ does that sound like abandoning my home / i wAs run out of there. So again why a 1099a why not a 1099c. It matters.

  11. Again sorry about typing. Its a teeny tiny keypad

  12. Carie
    Omg / what a club. Lps has the softwear, my tusyees deed upon sake was recorded ” on behalf of” guess who. Fidelity national title insurance, i had LPS letterheAd sign pinned on my door by REO agent who told me over phone my home was foreclosed and im telling uou to mive out on behalf of deutsche and you know indymac – i rezearched tbe REO
    agent he had banking background. Its one
    big greedy club anyhoo i kicked up a fuss with the reo agent and his boss and they disappesred into the woodwork when i told him he was now a patty to a lawsuit – consequently job was passed onto a different agent to reconvey my prior home, but i have the papertrail of it all – The more you dig the more you find as Bill Black says.

  13. These crooks have been given time to validate their claims. That should have never been allowed. They should have never been allowed to file a suit with no proof of claim. That is criminal because the law requires them to prove status at the onset. It is also deceptive and makes these foreclosures criminal. They are all taking advantage of what people don’t know and raking in tons of money. They are forcing people to hire attorney’s they should not need or file answers that costs money and time people don’t have on fraudulent claims.

  14. Christine says she has no skin in the game but her motive is clear. She is here to confuse people so they don’t know what to believe. It is easy to fall into that trap in this hornet’s nest. Everyone needs to do their own research and challenge these crooks. They owe us a ton of money and they should have to pay it back to each & every American in gold bars. Then watch the value of gold plummet & the economy recover real fast.

  15. Christine is a disinformation agent. She is here to confuse people. She has not had a valid argument to date. She is like RT NEWS…the pot calling the kettle. It’s the same thing that is going on in fraudclosure court. The defaulter…the FED are accusing us of default when they are the real culprits. The traitors have sent the nihilists upon us just like they promised. The communists have our Treasury hijacked and have our entire country held hostage to their debt fraud.

  16. Just in case you missed it at 9:16 pm, you can find it at 10:39 pm. Straight cut-and-paste. Not one word missing.


  17. “Paranoid” people have some skin in the game. Something to lose. I don’t.

    As i said, I’ll gladly concede if I’m wrong and I will cc. you on her answer. No need to editorialize any further, is there?

  18. @neidermeyer

    Here’s her answer/info—AGAIN:

    “No docs, because they were not mortgages. MERS was set-up to cover for the fraud. Do not know what to tell neidermeyer. But, will tell you this —- many banks do not have records of anything. This is despite law firms claiming that they are the “creditor”, “lender”, “mortgagee,” “investor”– or whatever else you want to call them.

    Why do they have no records??? Because, loan (falsely) put in default prior to subprime refinance (some new buyers actually assumed a default loan at purchase)… What happens when loan is put into default?? Transferred to another default processor — after 60 days. So, at refinance, prior servicer did not even have the records. How could they ever even process a payoff — if they did not have the records. Of course, with MERS, MERS just covers up — but, they do not have the records either.

    Who has the records??? Big default processors hired by big banks. Names well known. Need a certain technical platform in order to do this. Only a few big names had it. However, one big major servicer, not a bank, also has their own technical default platform processing system. They do not need the big name processors.

    Did anyone know this?? Fidelity National is re-purchasing Lender Processing Services. As most are aware, LPS was spun off from Fidelity in 2008. Word is that Fidelity is re-purchasing them. WHAT THE HECK??? Guess that someone needs to compete with the well-known servicer that has their own technical default processing platform. This Servicer – the “gem” superstar recommended by Wall Street. The new “darling” everyone on Wall Street loves.

    Main street — no darlings here.”

  19. “Deliberately misleading” is the last thing I would ever be—that would serve no purpose whatsoever. Paranoia has really set in with some people.

  20. Nothing ridiculous in questioning the source of any bit of so-called information. It’s called investigating.

    If, indeed, the info you post is still current according to the source, no problem. If, on the other hand, it no longer is but you present it as being current, it is deliberately misleading and it plays right in the hands of the banks.

    That you would take investigating systematically as a personal attack is what’s puzzling. We’ll see what Anon says. And I’ll concede if I’m wrong. That’s all there is to it.

  21. Why is christine here badgering people? What is her motive? She is certainly not fighting fraudclosure and hates us so why are you here Christine?

  22. Whatever, Christine—it doesn’t matter to me what you do or don’t do, or what you believe or don’t believe. You mean nothing to me.
    This ridiculous exchange started simply because I shared information with @neidermeyer and you went on the attack. That’s your bizarre MO. Pretty sad, weird, and creepy.

    Sorry, neidermeyer, I tried.

  23. The law is the law for everyone. They need a receipt to take property or money from us. They think property law operates like one of their corporate stores where you can take property like a store credit when you don’t have a receipt. That’s not legal when it comes to real property.

  24. The check/note is not endorsed but it was cashed we know this because the property deed, our Security is recorded and in our possession….. the note is unindorsed but we know it was transferred but there is no Security recorded that allows that transfer to be done legally. There is no legal lien…stick a fork in that turkey..it’s done.

  25. goodnight all. my last post awaits moderation.

  26. “I have no reason to lie. My God—to what purpose? Ridiculous.”

    This idea that Anon would need a mouthpiece is ludicrous, knowing her as i do. The idea that she would have stopped posting herself and would use you to do it for her is… ludicrous.

    Again, I could be wrong. I’ll readily concede if I’m wrong. Satisfied?

  27. UKG,

    “coherent arguments to a county or even some fed judges about derecognition, malfeasance, conflict of interest, AB1122, are too esoteric”

    My points all along. KISS. Need to do that for judges. Knowing the truth doesn’t mean that we can make it stick in court. So far, very few things fly: Tila, Respa and… conversion (hard-earned workers money being diverted. Everybody can relate, even judges.) That’s why many who went the exotic route lost. You know it and so do those of us who can still claim being in the house after 3 or 4 years.

  28. LNR came out of nowhere…substituted the second substitute plaintiff who is actually the same substitute plaintiff…same servicer, different name because it is the same employee name who recently entered an affadavit 3 years too late swearing to the validity of their Original complaint. It is intended to confuse but, as I told the judge, it does not matter how many times they “substitute the plaintiff” they still stand in the same shoes as the Issuer.

  29. I have no reason to lie. My God—to what purpose? Ridiculous.

  30. We’ll see. I just asked her when you last were in touch with her. If you’re right, I’ll concede here in writing.

    If you lied, I’ll post her answer (without her name but I’ll make sure to unlock and cc. you on it.) Fair enough?

  31. nice job there, KC, on those posts. a little competition for MasterBaiter, you can type!

    Take it easy, BRO!!! you’re much better than you used to be!

    but anyway, coherent arguments to a county or even some fed judges about derecognition, malfeasance, conflict of interest, AB1122, are too esoteric. Fraud in the inducement and attacking the validity of the note and the transaction are well founded.
    who paid for what, where’s the endorsement chain, consideration or lack thereof, state law, forgery (not robo-hobo, forgery), wire fraud, and the racketeering enterprise of taking the home illegally (yes, Maher, chime in now). Secured borrowings leave the Depositor/Sponsor/Securities Underwriter and Counterparty on the hook for the debt, not YOU. Why all the copies of notes? Why no endorsement or delivery and acceptance? Why no recording of the mortgage or use of MERS instead?

    Drum roll, please…..brrbrrbrrbrrbrrbrrbrrbrrrrrrrrrrrrrrrrrrrrrrrrrrrr

    if it’s endorsed, if it’s recorded, you can only do it……….




  32. Oh my God, Christine—give it a rest. He wanted some info and I got it from ANON—SO WHAT. Everybody knows ANON found out about all this stuff—not me. If I want to share it with someone, it’s really none of your business—you really are ridiculous the way you butt in all the time and go on and on about this.

  33. These are big fraud processors who work for the World Banksters who are the only party in default. For example, LNR, a subsidiary of CHASE. LNR came out of nowhere and claims to have all of the records electronically stored but can’t produce one legal proof of claim.

  34. Christine……you are the last person I would give information to on my pending cases. All I will say is I have done my job to the best of my ability and I have spent innumerable hours fighting these crooks. You can stop in the courtrooms on the 28th floor of the Richard J. Daley Center, 50 West Washington, downtown Chicago anytime you please. The more the merrier.

  35. Actually… Niedermeyer said:

    “I’d like to hear what you know…” One cannot know what one didn’t practice or test. From what I recall, you did neither…

    Let me direct Niedermeyer to the source who knows. That way, if he has a question, he can ask. Makes sense? 🙂

    Unless, of course, getting it from someone who didn’t try the answer is what he’s looking for. But then… we’d know he’s not out to win. He sounds too bright for that. Then again, I’ve been known to be wrong.

  36. @neidermeyer—I sent your post in an email to ANON this morning, and she answered me shortly thereafter.
    What I posted here is her response to your post.

  37. @neidermeyer

    Here’s her answer—again:

    “No docs, because they were not mortgages. MERS was set-up to cover for the fraud. Do not know what to tell neidermeyer. But, will tell you this —- many banks do not have records of anything. This is despite law firms claiming that they are the “creditor”, “lender”, “mortgagee,” “investor”– or whatever else you want to call them.

    Why do they have no records??? Because, loan (falsely) put in default prior to subprime refinance (some new buyers actually assumed a default loan at purchase)… What happens when loan is put into default?? Transferred to another default processor — after 60 days. So, at refinance, prior servicer did not even have the records. How could they ever even process a payoff — if they did not have the records. Of course, with MERS, MERS just covers up — but, they do not have the records either.

    Who has the records??? Big default processors hired by big banks. Names well known. Need a certain technical platform in order to do this. Only a few big names had it. However, one big major servicer, not a bank, also has their own technical default platform processing system. They do not need the big name processors.

    Did anyone know this?? Fidelity National is re-purchasing Lender Processing Services. As most are aware, LPS was spun off from Fidelity in 2008. Word is that Fidelity is re-purchasing them. WHAT THE HECK??? Guess that someone needs to compete with the well-known servicer that has their own technical default processing platform. This Servicer – the “gem” superstar recommended by Wall Street. The new “darling” everyone on Wall Street loves.

    Main street — no darlings here.”

  38. Christine—apparently your thick self-absorbed idiotic head can’t read English—


    neidermeyer, on June 2, 2013 at 9:37 am said:

    @ Carie re:04:23 ,

    I have heard that WF had their own “proprietary” quasi-MERS tracking system … I’d like to hear what you know… I personally know the Manager of the local Option One office in 2007 that ok’d my “loan” (lets not get too stuck on verbiage here .. we all know it’s mangled) and she tells me that they NEVER forwarded docs to anyone , just scan to pdf and e:mail … it went into a database somewhere …

    Spill the info PLEASE..

  39. “I am fighting 2 fraudclosures pro se in the most corrupt county in the country.”

    Hillarious! No one I know fights “2 fraudclosures” while spending so much time watching TV, CNN, and St. Kudlow and giving a minute–by-minute account of it. Can’t fight from a sitting position.

    Where are your cases? I want to sit in the courtroom when you next appear. just to laugh my ass off.

  40. More diarhea from who flung poo.

  41. And so, this country kept going to hell in a hand-basket. The people did nothing. And it wasn’t getting any better. So the people said: “Let’s sit some more before the tube and the screen and blog some more. And let’s not take action. Just sit and blog. Cut and paste. To numb ourselves more. And let’s hate those who act and get results. Let’s insult them. Berate them too.”

    Gotta love this country…

    Giant Sinkhole Opens Up After Oklahoma Storm


  42. Holy smoke is right…. the smoke of Satan has entered America and his stench of sulfur has vitiated everything.

  43. I am fighting 2 fraudclosures pro se in the most corrupt county in the country. All you do is talk shit Christine … that is all you do. You throw your theories out there and hope your diarhea will stick to the wall but it just smells bad and it all slides right off.

  44. The banksters entire credit scam was a set up for us and their entire sham system to fail. They used it and they used social safety nets & progressive taxation to rob everything from us and hand us back the crumbs.

    Their final goal is complete control of us by creating abject poverty for the working classes they are using many draconian measures, fascism to achieve totalitarianism. The fascism is so deceptive, by inflation/deflation, progressive taxation, the people won’t know they are being robbed of everything. They won’t know what hit them until they wake up broke & homeless in the land their fathers conquered. They will be offered crumbs like “fair wages” of $16 lousy bucks an hour, OBAMACARE totalitarianism, gay rights, gun rights to get everyone to register so they can confiscate your weapons when they want to, a lien free home with no monetary compensation for your robbery and property taxes that no one will be able to afford.

    The banksters are very deceptively creating the economic conditions for these imposters to steal everything from us and install their communist/satanist wet dream.

  45. Holy smoke,


    We’ve got one who keeps posting from Anonymous, as though answering questions that were never asked in the first place and she only stopped “answering” Iwantmynpv when he called her on it.

    So now, she’s “answering” neidermeyer who didn’t ask her anything today but Hell! Gotta post from Anon no matter what, right? Some kind of call in life. Anonymous’ mouthpiece, even though she has not had one contact with “My friend Anon” in over a year (I can prove it). Go figure…

    Pathological if i ever saw it. Especially coming from someone who never, ever tested Anon’s theories she, herself, has been debating for… 9 years! Yeah, i do find that fascinating. Pushing what hasn’t worked this far. I heard of one-track-mind. Never experienced it to such an extent. Fascinating indeed…

    And then, you’ve got that stripper-thing with no active case, absolutely no knowledge in anything, never went to law school, never approached a courtroom but Boy! does she ever know everything and post about… what again? Her success? Her failures? Her non-existing case(s)?

    One pod. Two sick peas… Must be Monsanto peas. What a country! 🙂

  46. There were many cases won christine though not with monetary compensation as the law requires if their has been harm done by negligence in taking of the instrument. It is not my job to cite case law. I am a layperson so these are the most clear terms I can use. Everyone really has to do their own homework because understanding this is a process. The mind cannot comprehend it all at once. I think I do o.k. getting the general idea across. I am not here to teach a class. I am here to speak out against these criminals and their crimes against us.

    As to the judges not understanding this, that is complete & utter b.s. It is the judges job to know every aspect of the law on these matters. If they are compromised they should recuse themselves from these cases. These cases don’t even meet the basic criterion to be entered. These judges are all attorney’s, they learned this stuff in their first year of law school. Fake ignorance is what it amounts to. The judges were told to ignore the law and railroad us out of our properties. The whole scam reeks of criminality.

  47. @neidermeyer

    Here’s her answer:

    “No docs, because they were not mortgages. MERS was set-up to cover for the fraud. Do not know what to tell neidermeyer. But, will tell you this —- many banks do not have records of anything. This is despite law firms claiming that they are the “creditor”, “lender”, “mortgagee,” “investor”– or whatever else you want to call them.

    Why do they have no records??? Because, loan (falsely) put in default prior to subprime refinance (some new buyers actually assumed a default loan at purchase)… What happens when loan is put into default?? Transferred to another default processor — after 60 days. So, at refinance, prior servicer did not even have the records. How could they ever even process a payoff — if they did not have the records. Of course, with MERS, MERS just covers up — but, they do not have the records either.

    Who has the records??? Big default processors hired by big banks. Names well known. Need a certain technical platform in order to do this. Only a few big names had it. However, one big major servicer, not a bank, also has their own technical default platform processing system. They do not need the big name processors.

    Did anyone know this?? Fidelity National is re-purchasing Lender Processing Services. As most are aware, LPS was spun off from Fidelity in 2008. Word is that Fidelity is re-purchasing them. WHAT THE HECK??? Guess that someone needs to compete with the well-known servicer that has their own technical default processing platform. This Servicer – the “gem” superstar recommended by Wall Street. The new “darling” everyone on Wall Street loves.

    Main street — no darlings here.”

  48. Iwantmynpv,

    Judges can only rule in your favor if they understand the issues. They can’t understand much besides Respa, Tila, conversion, breach of contract and simple law, and only so long as it doesn’t affect them directly and doesn’t jeopardize their pension. So long as they believe in the system, you can’t expect them to rule positively in anyone’s perceived attempt at destroying what they believe in…

    Otherwise, we’d have been out of the woods for a long time.

  49. @Christine you are smarter than that. It is never what the udge can get -it is always what they can understand as a matter of law – and how they can rule in your favor.

  50. What a moron. Afflicting… Thank Gawd she can’t breed any longer…


    Remember Nancy Drewe? In theory, her all-cap info was great. However, she never was able to:
    1) Explain it in layman’s terms so that it could be used and,
    2) She was pressed over and over to produce a few cases that were won thanks to it. She failed on both counts.

    Common sense, down to earth approach is still what helps the most. I have been saying forever that judges cannot be presented with something they don’t get because they cannot admit to not getting it. Old-fashioned pride. Same for Anon’s info: great in theory. She’s been fighting to introduce it in court for… 9 years. I’ll settle for simplicity and what works. Not willing to fight that long.

  51. Their whole system crumbling is what the communists want. It is all in their communist manifesto. Time to take back our hijacked Treasury and seize our stolen wealth from the FEDERAL RESERVE BANKSTERS….A PRIVATE BANK……. & issue our own currency as the Constitution requires.

  52. Non-disclosure of any and all pertinent aspects of the Original Transaction means the Issuer fraudulently induced those contracts…FRAUD IN THE FACTUM……hijacked our autographs and our Securities and engaged in Racketeering to gain unjust enrichment. Intent to harm is easy to prove and fraudclosure is intent to do permanent harm to we, the defendant’s. There is clear & undeniable proof of deception in every fc claim. In non judicial States they are openly acting like a tyranny.

  53. They can’t get proof this is fraud? LMAROF….Where is their Security? If the Issuer of the Original Bill of Credit converted our Security they need a receipt. Otherwise they altered the terms of the Original Contract without our knowledge or consent…..they destroyed the contracts and anything they did subsequently with our Securities was Securities Fraud and numerous other felonies. The fraud could not be easier to prove.

    The real problem is our hijacked Treasury Department. These imposters are not looking out for us, our wealth & property.

  54. @niedermeyer

    I’ll ask ANON re. your question re. your situation re. the thing I posted earlier which is this: 😉

    “…this is fraud. We just cannot get the proof — if you could, you could reopen your whole case. Servicers can purchase loans, but then your loan would not have been in the trust, that they used to foreclose under the name of. I have called the IRS on this issue — IRS just does not care. I went to head honcho in IRS in Washington. Never heard back.

    Someone has to break through the fraud. The biggest fraud is that when you refinanced, the prior loan, and prior trust that held the loan, were NOT paid off. All that occurred were a transfer of servicing rights. Which means, you never had a mortgage/deed of trust. That is the huge fraud that I tried to get across on LL…”

  55. Hehehe… The whole system is crumbling… Actually picking up speed too.

    IRS actually fears man who doesn’t file taxes
    ‘Would blow them out of the water if this became public knowledge’


    Maehr argues based on this and other references that wages are not “profits” but are instead the simple exchange of labor for money. To bolster his assertion, he notes that while businesses frequently pay taxes on their profits, they do not pay taxes on their expenses.

    Likewise, the labor of an individual is the “expense” required to obtain the money, therefore it is not “profit,” and to declare otherwise would subject corporations such as Sears to “income taxes” on 100 percent of their cash register receipts, he argues.

    The U.S. Supreme Court itself said an 1883 case, “It has been well said that, the property which every man has in his own labor, as it is the original foundation of all other property, so it is the most sacred and inviolable.”

    In 1969, the high court ruled: “Whatever may constitute income, therefore, must have the essential feature of gain to the recipient. This was true when the 16th amendment became effective. … If there is no gain, there is no income. … [Income] is not synonymous with receipts.”

    And a 1946 case stated, “Reasonable compensation for labor or services rendered is not profit.”

    Despite these references and the refusal of other courts to consider the merits of his case, the Supreme Court likewise turned down his petition.

    Maehr said while he understands that the Supreme Court typically refuses to hear about 95 percent of the cases it receives, he believes his case met the criteria established because it involves an important issue of interpretation of the Constitution and federal law that directly affects every American.

    “Based on their own criteria this is exactly the type of case that they should hear. It involves a constitutional issue and addresses a large segment of the population. A lot of their previous cases over the years and decades have always focused on constitutional law issues and due process.”

    “With them refusing to hear this case and considering all the facts, they have basically stated I don’t get due process rights through the courts and I am not allowed to defend myself against the IRS. They will not hear it, none of the courts are willing to hear the case and adjudicate it.”

    Maehr says while the news is focused on the IRS targeting of conservative groups, critics of the agency are missing a golden opportunity.

    “The recent scandals coming out about the IRS shows the whole agency is corrupt, and what’s amazing is issues such as mine are not being jumped on,” he said. “What they have done with the targeting of the conservative groups pales in insignificance when compared to forcing every man, woman and child to pay a tax that they are not legally and constitutionally liable for.

  56. The False Claims Act

  57. These are imposters bringing foreclosure suits with copies of documents….no proof of claim attached at the onset as the law requires. Therefore they are committing numerous felonies such as…extortion, bribery, counterfeiting, forgery, bank fraud, racketeering with fraudulent securities, etc..

  58. Claims assert misstated facts, willfully misrepresented for purposes of gain. When the purpose for making false claims is to capitalize on the competition it cannot create a disadvantage at the expense of the consumer

    The 2004-6 Feeding Frenzy saw Lender “A” lose the opportunity to book a bad loan while it loses a performing loan to lender “B”. The latter funds a new loan paying off “A” out of its portfolio. Lender “B” then makes the loan “A” turns down. The cost of losing a loan is compounded by the demand, satisfaction and loss of servicing inventory

    To book or not to book considers inventory and depletion at that time of origination. Depletion robs the competition of the same opportunity while at the expense of the other. The competition is that party who satisfied the lender “defendants” demand for payoff at the time a new loan origination is in question.

    Lender “A” the defendants is unwilling to lose another portfolio asset, or existing “receivable” , while a new loan can be booked at the competitions expense. For lender “B” would be hard pressed and unfit to run a business if he / she were to decline origination’s as its next door competitor picked up another .

    Lender “A” will not decline loan submissions at the rate Lender “B” is paying off “A” portfolio and hence, “A” will commence to approve toxic loan origination’s it previously declined, following in “B” footprints .

    This is where the arguments are formed for ensuing claims for false representation of material fact, which are more obvious then determining whether the duty to speak arises.

    The claims may not seem relevant to the examples given, better arguing unfair competition, malfeasance’s and engorgement. But the relationship among the parties’ relative to withholding or willfully denying access to the information that should be disclosed is substantive. Here is what you’re not looking at, perhaps, and need to better ascertain.

    Evidencing unfair competition by parties who are in fact, joined in combinations and harboring a material relationship among themselves is how you effect greater weight arguing misstatement or omission for patently false statements.

    MersCorp – you could have worked, but they took advantage of your efficiency and marketing enhancements.

    I would wish you luck –


  59. There are scandals and treason all around us be because quite frankly, the banksters have hijacked OUR TREASURY DEPARTMENT. That is what the politicians and the media are really hiding. These imposters have completely communized our Treasury….our wealth & property to themselves and their criminal friends here and around the globe.

  60. The commies 404ed that link too…google it America…! The truth never lies. Durbin got caught red handed lying & covering up for being at a communist/anarchists rally.

  61. Here’s another link to the story….Dick Durbin denies in an interview May Day is a communist holiday then changes his story and says he came to the openly communist rally because he believes in the Constitution!…..

  62. If the link is blocked google it….

  63. Here are your anarchists and communists America…..the wolves in sheep’s clothes who pretend ignorance but are all in on the scam to steal it all from us.

    Illinois Senator Democrat Dick Durbin speaks at communist rally on May Day….

  64. Not a chance KC.

  65. Shut Up Stripes

  66. Stripes is not an anarchist. I am exercising my first amendment right and speaking out about these communists who are the only anarchists that I know. I am telling the truth about the fraud, lies and deceptions of these criminals. E Tolle threatened to put a bullet in my head because he/she is a coward and does not want the truth being told at this site. I will not allow criminals to intimidate me and I will continue to exercise my right to free speech.

  67. Setoff rights
    The FASB also considered the implications of setoff rights before concluding that the isolation requirement should continue to
    be based on a legal analysis. A setoff right is a common law right of a party that is both a debtor and a creditor to the same
    counterparty to reduce its obligation to that counterparty if that counterparty fails to pay its obligation. Attorneys told the
    FASB that in the event of the bankruptcy or receivership of either the obligor of the financial asset or the transferor of the financial asset, both parties could retain the ability to exercise a setoff right involving a financial asset that had been
    transferred. In the event of the bankruptcy of the transferor, the transferee may only have an unsecured claim against the
    transferor for its share of the amount setoff.
    For example, assume that a transferor originates a loan for $10,000 and transfers a 20 percent participating interest in the
    loan to a third party. In addition, assume that the original obligor (i.e., the borrower of the $10,000 loan from the transferor)
    has a deposit with the transferor of $10,000. The loan and the deposit are subject to setoff rights. If the transferor entered
    bankruptcy and did not pay to settle its customer deposit, the original obligor (depositor) would be able to setoff its deposit
    with the transferor against the $10,000 loan and would not be required to make any further payments to the transferor. In
    this example, the transferor would not receive cash on the settlement (via setoff) of the loan, but also would not be required to
    repay the deposit. The setoff causes the third-party transferee to become an unsecured creditor of the transferor and
    effectively to be in a subordinate position to the transferor.
    Because it may not be possible to sever setoff rights for financial assets, the FASB ultimately decided that setoff rights would
    not be an impediment to meeting the legal isolation requirement for derecognition or the definition of a participating interest.

  68. @ Carie re:04:23 ,

    I have heard that WF had their own “proprietary” quasi-MERS tracking system … I’d like to hear what you know… I personally know the Manager of the local Option One office in 2007 that ok’d my “loan” (lets not get too stuck on verbiage here .. we all know it’s mangled) and she tells me that they NEVER forwarded docs to anyone , just scan to pdf and e:mail … it went into a database somewhere …

    Spill the info PLEASE..

  69. stripes is an anarchist to this website. best to just ignore everything and skip to the next post. attention is what this nitwit craves. Tolle, can I send you a box of bullets?

  70. christine, the postings of KC are exactly on point: Maher taught me this years ago. FASB 140-3 explains the “derecognition” of the assets (loans). It is, however, very complicated to understand and even more complicated to explain to a judge. Even after four years of this, I have a hard time with the concept. But this info is right on point.

  71. Murderer’s get passed through the gates of hell E Tolle. No matter what your evil Talmud says, you are all going to hell. You are not getting everlasting life or paradise, just hell.

  72. You want to shoot the messenger E. Tolle? You chicken shit commie coward. No doubt you couldn’t hit the broad side of a barn. Bring it on. Name the time & the place. I’ve got a cap with your name on it.

  73. I’ve decided to give up my search for foreclosure justice, and replace that quest with the desire of putting a hollow point 30.06 in the frontal lobe of the idiot poster stripes.

    I feel that this will have a much greater impact on mankind. Removing this ass-hat from bloggerdom would be enough to get me passed the Pearly Gates, and I’m not even of that persuasion. Maybe even close to the Wailing Wall, and I’m not of that persuasion either. Civil service to the max. You can thank me later.

    I don’t like cafo chickens. I like chickens for friends, not for dinner.

  74. @neidermeyer

    I know…

  75. The final battle is yet to come.

  76. The Nazis always blame their victims then use fascist fixes for their crimes to rob the people and grab power. This is the communists evil endgame of their 100 year plan to achieve their ultimate goal of totalitarianism. This 100 year plan of unending war with these communists began with WW I in 1914 and their evil endgame plan, their third World War, we have been engaged in since 9/11.

  77. Not so fast christine…….We did not lose our republic just yet but it is close. This is the final wake up call.

    One positive sign and a step in the right and Constitutional direction……The llinois Legislature passed a bill to allow concealed carry in Illinois …


  78. “A republic,” he replied, “if you can keep it.”

    When asked if the framers had created a monarchy or a republic, he

    framed the dilemma, the challenge that has faced each generation of

    Americans ever since: “A republic,” he replied, “if you can keep it.”

    Franklin and those other men of courage and wisdom knew that their

    experiment in self-government depended entirely on how future

    generations conducted themselves.

    The genius of what they did, what they saw ahead, was that the republic

    could survive only with the care and protection of its citizens.

    They knew those citizens would have to be committed to the ideals of

    self-government and willing to get involved, to educate themselves

    about any and all issues affecting the life and health of that

    republic. Thomas Jefferson said it well, “If a nation expects to be

    ignorant and free in a state of civilization, it expects what never was

    – and never will be.”

    Hehehe… Jefferson knew what would happen. The day people chose to be crassly ignorant is the day they lost their freedom. First they lose their house, then they lose their job, then they lose their health and then, they croak. And the whole time, they sat on their butt looking at it happen and doing… nothing to educate themselves or even change their circumstances. No action whatsoever. Only words backed by nothing else.

    Soooooooo, they lost their republic.

  79. By the FED repurchasing fraud that they committed and transforming their own fraud into something else to disguise its true identity is criminal by its deception. By fraud laundering I mean the FED are very deceptively racketeering with counterfeit securities…..OUR SECURITIES.

  80. Correct error…..Because of the Origination Fraud….THE FRAUD IN THE FACTUM….their gooses are cooked. That is what they are really hiding. The FED are fraud laundering.

  81. Servicing rights? They do not have any servicing rights when they destroyed the contracts. They cannot legally sell the rights to our Securities to another entity for collection under the guise of some debt that they have no proof exists. Because of the Origination Fraud FRAUD IN THE FACTUM…heir gooses are cooked. That is what they are hiding.

    They are simply preying on what people don’t know and ignoring the first place issue, the Origination Fraud ….FRAUD IN THE FACTUM…that destroyed the contracts. All subsequent actions were fraudulent. The banksters engaged in a ponzi scheme with our hijacked Securities without our knowledge or consent. They committed Securities Fraud with our Securities and numerous other felonies. The banksters also invested in the their own fraud and insured themselves on their fraud to the tune of $700 trillion dollars backed by ZERO. They create numerous ways to destroy the value of our property then dumped their fraud through hedge funds and a so a called public trust……FRAUD LAUNDERING….. where they went back and repurchased their own frauds through Dutch auctions and other secret scams for pennies on the dollar. These crooks don’t own anything because there is FRAUD IN THE FACTUM of everything they are selling & buying. They are committing felonies by repurchasing and selling their own fraud by racketeering and fraud laundering.

  82. @ masterservicer ,

    I definately do NOT have MERS (searched that beast many times) , my “loan” was through Option One (actually “funded” by BAC, although it in reality was a minor cash out on top of a servicing rights xfer from National City) , with WF as “servicer” and the real buyer being Deutsche … I have a secondary number which seems to be related to a MERS like entity but I haven’t been able to find out what… What MERS copycats exist and how do you contact them?


    P.S. Carie … your first post at 09:23 5/31/13 is the key…

  83. Correct error…we are living in poverty, thanks to these Imposter politicians, these communists and all of their criminal communist bankster friends who have hijacked our Treasury Department.

  84. I should say in exchange for our freedom and liberty, we are being given poverty in the form of lousy paying jobs, food stamps, food pantries, charity, and fascist healthcare. All thanks to these Imposter politicians, these communist investors and their criminal bankster friebds who have hijacked our Treasury Department.

  85. The biggest fraud was the Origination Fraud … that is what they are hiding. I put that in my motion to dismiss. The plaintiff defaulted in my name without my knowledge or consent to the U.S. TREASURY DEPARTMENT. Therefore, all payments collected from me by the Issuer, or any subsequent parties, including the current plaintiff were excessively usurious and unjust enrichment…….in other words…I was robbed.

  86. Not just our businesses & livelihoods were stolen but our private savings, our retirement money was decimated by this scam. There are now millions of Americans looking for ways to make a living in this manufactured rotten economy. Many have been forced to go to work for this Corp of crooks because they need to keep their utilities on. Because of lousy pay, corporate greed, many of their needs are not being met and are being supplemented by food stamps, food pantries and local charities. They are being offered “health insurance” from the Corp of crooks though, even though they can’t afford their basic needs.

    That is the banksters business model. They have created the economic conditions and have secretly used facism to very deceptively create totalitarianism. In exchange for our stolen lives we are given poverty and totalitarianism.

    You can’t always get what you want …. but if you try sometimes you just might find, you get what you need…..yeah…screw you Mick Jagger. You all need to be hung.

  87. They came for the small business owners first of course. They want to eliminate private ownership of anything by the people. That is why the private business owner was put out of business first, and their property was stolen or hijacked. I can’t tell you how many private business people have had their livelihoods stolen by these greedy crooks.

    The reason they destroyed private business ownership was for even more nefarious reasons than eliminating the competition. What these illuminati banksters really want is to eliminate the need for paper currency. They want microchipped debt slaves to their fictitious debt. That is the reason for the OBAMACARE LAW/TAX and its medical device registry along with its 9000 new bankster laws that fly in the face of our Constitution.

  88. In America, they are getting rid of the banksters fictitious debt the cowards way as well, by inflation. We were warned there would be wars & rumors of wars, poverty, plagues, incureable illnesses, earthquakes and weather “changes.” We just weren’t told they would all be manufactured by these bankster crooks.

    The problem with the crooks dividing up the pie here in America is, it is not their pie because We The People fought, died, labored for and paid for everything..

  89. In Europe, intead of doing it the good old fashioned German way, by death camps and exterminations, they are doing it the cowards way, by way of inflation says Max Keiser.

  90. “…Someone has to break through the fraud. The biggest fraud is that when you refinanced, the prior loan, and prior trust that held the loan, were NOT paid off. All that occurred were a transfer of servicing rights. Which means, you never had a mortgage/deed of trust. That is the huge fraud that I tried to get across on LL…”

    (AFTER GSE “false default” at start of subprime)—

    “…it was not a “mortgage loan”. The subject of the “investor” investment was default servicing rights. That is, loans that were never accounted for as “mortgages” on the financial institution accounting books, by which, the financial institution passed on cash flows, and cash flows alone, to investors in the REMIC. The REMICS falsely stated that the securities were valid mortgage backed securities — which is false. So many miss the boat that the loans were not residential mortgages — even though they were presented to borrowers as such. These loans were non-qualifying for mortgages, and for derived mortgage backed securities. This is why the whole market collapsed.

    The investors simply invested in debt collection rights — BEFORE homeowner even defaulted.”

  91. I too believe that “they divided the pie long ” and now – I think they are more than likely, rough guess, back stabbing, its their nature.

  92. @ Carie,what is your friend talking about. MERS siad that pool was paid, the master servicer had MERS record the early payment accordingly – the certificate investors got screwed – the depositor swapped another loan into the pool for the cash-flow – the refinanced loan became a part of another 5 securitization tranches, and none of it was recorded anywhere else but MERS.

    Ever notice the sats of mortgage do not come from the trustees or master servicer’s of the alleged trusts, they always come for the sub-servicer or some special servicer employed by the master servicer.

    Neil finally touched on the right subject, possibly by accident, but finally all the same. Since 1999, the overwhelming majority of mortgage loans were underwritten to be securitized versus (PLMBS) versus portfolio or agency underwriting.

    This was not a case of consumers seeking credit – it was a case of leveraged dollars seeking assets to create the debt.

    @ STRIPES – MOST IMPORTANT COMMENT EVER MADE HERE!!! The suspect media generated appearance of banks competing and being foes is imaginary and is created as an illusion to cover the real picture.

    They divided the pie long ago, and where you as an individual fill your piece of the proverbial crust is determined by several factors inclduing geography, income, race, religion and education – ust to name a few..

    I like chicken…

  93. You cannot leave the Mers thing alone . Mers Corp allows the entire member bank platform to record loans as a single charter .

    Mers is the Bank of New York and allows Bank A to payoff and assign (w/o recording )to Bank B and B to re-convey to Bank C etc ….

    But it is the ability for Mers Corp to materially alter the closed end fund component of the investment and servicing that wreck havoc on the paid in capital structure of the VIN [SPV]

    This is to say investors can have a great performing pool that can be ransacked and picked through when rate move in a favorable direction .
    If I was an investor analyst – I would rate it a “P” for Passsss !. The genius of Mers Corp is lost to the criminal elements heading the risk mitigation department in capital markets.

    Mers Corp is the tool that forms a member bank Cooperative while avoids the government “GSE” guarantees . It can be argued and dismembered under a SEC 10(b) violations and absolutely arguing 1122 AB violations …(each a private right of action ) but otherwise, a litigators lowest hanging fruit – with Rolo Cigs phony assignments notary arguments.

    registerclaims@live.com .


  94. The link to the original article from March 1, 2009 about this act of high treason is here…..
    This is all fraud….. This fraud by the banksters is backed by zero. This is all an illuminati bankster scam that is based on a fictitious debt because it was created by bankster fraud.

  95. If the link is blocked you can go here…. http://www.fourwinds10.net/

  96. The latest scam by these imposters….nothing they are doing is legal. Headline…

  97. They are all in the same sack Christine. They are one giant global megaconglomerate Corp of criminals. They are all interwoven with each other. Money laundering, drug running, gun running, human sex trafficking, bank fraud, you name it, the illuminati are a global crime syndicate.

    We should boycott the entire illuminati Corp.

  98. Hehehe… Even South Korea is shunning American crops. This countries is losing all its trade partners… Its “allies”.

    WASHINGTON/SEOUL | Fri May 31, 2013 2:34pm EDT

    (Reuters) – The United States is still racing to determine how unapproved genetically modified wheat was found growing in an Oregon field, a discovery that continued to roil global wheat markets on Friday as South Korean buyers stepped aside.

  99. “Monsanto’s GMO might soon be banned in India

    In the last few years, Monsanto’s BT cotton has had devastating results in both livelihood and agricultural practices of Indian farmers. Just in the last decade by itself, Monsanto’s Bt cotton has led to suicide of more than 250,000 Indian farmers.

    Lately, Monsanto has been going through a few even tougher months after its GMO got banned in more than 27 countries across the globe. Soon, they will also face a possible 10 years ban in India.”

    Hehehe… Won’t even be allowed around cotton fields anymore. Talk about huge markets being lost worldwide. Oh well! They can always dump the unsold surplus here and in Canada. What’s one more poison force fed to populations who willingly drink crappy sodas and splurge on fast food all day long. Doesn’t do one bit of good for intelligence, though… but who cares: no need to be intelligent to go mindlessly fight needless wars worldwide. America: the throw-away society. Not much difference between kleenex and people. it’s all disposable.

    What a great country!

  100. Hehehe… America, a country of 320 million people, intent on starting a “trade war” against… 7 billion worldwide who don’t want to end up dumbed down, stupid, flabby, chronically ill, ridden with allergies. Wonder who’s gonna win that one…

    Damn it! One of the last standing industries in this country going to pot, despite Gates and Buffett heavily investing in and pushing for Monsanto. What’s next? American war machine being boycotted?

    Yet. Great Britain all over again. Won’t last too long anymore 🙂


    Monsanto Has Been Removed And Banned By: Austria, Bulgaria, Germany, Greece, Hungary, Ireland, Japan, Luxembourg, Madeira, New Zealand, Peru, South Australia, Russia, France, and Switzerland!
    Posted on March 23, 2013 by Volubrjotr

    Peru joins the List of Countries Banning Monsanto and GMOs!
    Sunday, May 19, 2013 No comments

    Banned in 27 Countries, Monsanto’s rBGH Inhabits Many U.S. Dairy Products

    US to Start ‘Trade Wars’ with Nations Opposed to Monsanto, GMO Crops

    The United States is threatening nations who oppose Monsanto’s genetically modified (GM) crops with military-style trade wars, according to information obtained and released by the organization WikiLeaks. Nations like France, which have moved to ban one of Monsanto’s GM corn varieties, were requested to be ‘penalized’ by the United States for opposing Monsanto and genetically modified foods. The information reveals just how deep Monsanto’s roots have penetrated key positions within the United States government, with the cables reporting that many U.S. diplomats work directly for Monsanto.

  101. Read all about the Li family of Red China and how their Bloodline is tied to the satanic Illuminati……

  102. It’s the same evil cult in China as in the U.S. and around the world. Remember when the Chinese were killing our dogs? And how about the melamine in the baby formula? Oh yeah right, they are saints. Myself & others think they lace Arizona green tea with something evil as well. They are all absolutely full of shit. Now the U.S. are going to start importing their pork … I won’t be buying that.

  103. Watched Kudlow on CNBC tonight for the first time in a while. They were discussing what to do about student loans. One guest suggested they start originating student loans like they do mortgages. The guest added that will only work if they stick to the contracts. We know that will never happen.

    Then I switched over to Cavuto on Fox Biz. They were discussing student loans and how kids are drowning in debt. They said it is because the FED system is really awful. Agreed.

  104. Hehehe… One more US industry the world is shunning. There must be a reason… Oops! Might it be that the world sees what it is doing to the patriotic, American-born citizen?

    Japan blocks U.S. wheat after Monsanto GMO strain found growing wild
    By Agence France-Presse
    Friday, May 31, 2013 7:44 EDT

    Japan has suspended imports of some US wheat after genetically engineered crops were found on an Oregon farm, a government official said Friday.

    Tokyo’s move came as the European Union told its member states to test imports from the area, saying any genetically modified wheat would not be sold to consumers.

    Japan’s farm ministry on Thursday cancelled a bid for 25,000 tonnes of Western White, a soft white wheat produced in the Pacific northwest, a ministry official said, in the wake of the discovery of the modified wheat.

    “As long as the situation remains unchanged, we have no choice but to avoid bidding for the product,” the official said, adding Tokyo’s annual imports of the brand total 800,000 tonnes.

    “We are asking US authorities to disclose information related to the incident as quickly as possible,” the official said. Other types of US wheat are not affected.

    Japan imports around five million tonnes of wheat a year, 60 percent of which is from the US, making it one of the largest importers of the crop.

    It does not allow GM wheat. Imports make up 90 percent of the wheat the country consumes.

  105. KC,

    Just for the hell of it… how would one use whatever it is you post to fight foreclosure? Any practical applications for it? Or are you the new Nancy Drewe, posting things no one understands and no one knows how to use, while failing to give any sort of explanation?

    Is there even any rhyme and reason for that kind of post? What is your point?

  106. RE: “the fraud” where to start?
    Security deeds filed – but in error – the MERS min# correct but the 2nd pg w/ amount were switched – so amount for 2nd (smaller) filed as first lien and amount for1st(larger)filed as 2nd deed.

    Year later – an Out of Order affidavit filed – which mentions page each is filed and says they were inadvertently recorded out of order -this is specific and mentions only page #’s for MERS min# for 1st and MERS min # for 2ndWhich is where things get ODD!
    Years later and Assignment is filed and only addresses thepage # for MERS min# for 2nd loan….
    Years later -in required published notice again only mention is of page # for MERS min# for 2nd loan.
    Filed in BK court – again they under oath swear the information is correct and only mention the page # recorded for MERS min# 2nd loan.

    Was reading about MERS and it is claimed that the MERS system keeps things from getting mixed up. The MERS # number for each loan is unique – they say like a SS#.

    I’m thinking it ODD (or really flat out fraud) that no one addressed the fact they were refering to the wrong loan on all of the assignments and documents filed in the court. What they did was mark out the MERS Min# on the document with a sharpie when they submitted it – (so they knew enough to hide it) but you still see the recorded page number, so if they were paying attention they knew it was not correct and marked it out and then used it as proof of claim??

    The smaller loan gets charged off – but accordng to the recorded documents if using the MERS Min # that would be the security deed for the first??? This gets tricky later when the motion to strip the 2nd is granted by the BK judge and upon discharge that lien is officially stripped.

    So which deed do they record as being released? NONE yet!!! (Should have done this per law w/in 60 days).

    MERS site shows the MIN # for 2nd loan (recorded with 1st amount) to be INACTIVE. MERS site shows the MIN # for 1st loan (recorded with MUCH smaller 2nd lien amount) as ACTIVE.

    “original lender” used the MERS min # as account numbers for the loans. When the loans were switched to new servicer the new servicer used their own loan numbers.

    I assume they knew about the wierd recording – but they still recorded an assignment which only lists Security deed recorded page # that has MERS MIN number for 2nd loan.

    I wrote detailed QWR to 3rd servicer when the loan switched hands again – I mentioned accounting errors galore and asked them to carefully review the account of my loan- because I found and submitted many errors and felt “original lender” and then the servicer I was transfered had some fradulent servicing issues…no reaction. I was finally giving the complete accounting for my loan starting from the 1st switch and was told they could not give me the accounting for the loan for the first 3 years.

    So did the fraud start once they noticed the error and recorded the afidavit theat did not fix it correctly and then refered to the recorded deed anyway – knowing it was a mess?

  107. Had to say something here. It seems to me, as naïve that I am, that whenever a monetary agreement changes in any way, that BOTH parties are entitled to the discovery. I didn’t even know that both of my properties, (one of which was foreclosed upon), were sold to Fannie and Freddie. Also, the original Title company was transferred without my knowledge to Fidelity Title. What a coinkadink huh? I know there are hundreds of thousands of people out there like me that just sign the papers, and get on with their lives without having any idea what is going on ” behind the scenes”. I think that just this in itself is criminal, but 1 attorney can’t take on a Bank of America’s fleet. It’s been over 5 years, and I’m still not over this B.S., maybe never will.

  108. think your right on that stripes “clock doesn’t start until discovery of the fraud” or reasonably discoverable (well its no reasonable that they hid the fact)

  109. …..or grab our guns to make the job easier.

  110. “Upper class eliteist solution” was how co founder of the Illinois branch of the radical black panther party, Congressmen Bobby Rush described arrests of Gangster disciples in Chicago. I guess he would rather have them annihilate all of us.

  111. LMAO at that one guest….The Securities were never transferred the way the law requires. Therefore these debts are frauds. They are collateralized by nothing but fraud.

  112. Allow me to clarify they are pretend enemies and pretend competitors of each other.

  113. Yes the banksters are the GREAT PRETENDERS…..Pretender Lenders…Pretender American institutions….Pretend enemies…..Pretender Government…….Pretend owners…. They are all imposters….fictitious persons & fictitious payees.

  114. Derecognition and Recognition
    Nonrecourse Repurchase Agreement or an Agreement to Repurchase the Financial Asset Transferred at Fair Value

  115. Codification Topic 310

    Impairment of a Loan

    SFAS No. 114, May 1993
    “Accounting by Creditors for Impairment of a Loan”

    [asc 310-10-35-16, SFAS 114-pr 8]
    A loan is impaired
    –> when (a) is probable
    (a) all amounts due from a loan will not be collected

    [asc 310-10-35-17, SFAS 114-pr 8]
    To determine whether a loan is impaired
    –> apply (b)
    (b) a creditor’s normal loan review procedures

    [asc 310-10-35-22, SFAS 114-pr 13]
    Impairment loss
    = carrying amount of a loan – one of the following
    (c) present value of expected future cash flows from a loan
    (d) observable market price of a loan
    (e) fair value of the collateral: collateral-dependent loan

    SEC Staff Accounting Bulletin Topic 6L
    “Accounting for loan losses by registrants engaged in lending activities”

    SEC SAB Topic 6L
    –> provides guidance on the impairment of a loan
    –> for SEC registrants

    International Financial Reporting Standards (IFRS)

    IAS 36: Impairment of assets
    IAS 39: Financial instruments: recognition and measurement

  116. Codification Topic 320
    Investments-Debt and Equity Securities

    Investments in Debt and Equity Securities

    Debt securities: represent creditor relationship
    Equity securities: represent ownership interest

    Investments in Equity Securities

    1. more than 50% of voting power
    –> prepare consolidated financial statements

    2. 20% or more, but no more than 50%
    –> equity method accounting

    3. less than 20%
    –> classified as either (a) or (b)
    (a) trading securities
    (b) available for sale securities

    Investments in Debt Securities

    1. Held-to-maturity securities
    –> intent and ability to hold until maturity

    2. No intent or ability to hold until maturity
    –> classified as either (a) or (b)
    (a) trading securities
    (b) available for sale securities

    Trading Securities

    (a) “active and frequent” buying and selling
    (b) profits on “short-term price differences”

    Available for Sale (AFS) Securities

    Securities not classified as either (a) or (b)
    (a) Trading Securities
    (b) Held-to Maturity (HTM) Securities

    Measurement of Investments in Securities

    1. Trading Securities: Fair Value
    2. AFS Securities: Fair Value
    3. HTM Securities: Amortized Cost

    Changes in Fair Value: Unrealized holding gains or losses

    1. Trading Securities: recognized in earnings
    2. AFS Securities: recognized in Other Comprehensive Income (OCI), not in earnings
    3. HTM Securities: not recognized

  117. Codification Topic 845
    Nonmonetary Transactions

    Nonmonetary Transactions

    APB Opinion 29, May 1973
    “Accounting for Nonmonetary Transactions”

    SFAS 153, December 2004
    “Exchanges of Nonmonetary Assets
    an amendment of APB Opinion No. 29”

    Basic Principle

    (A) Fair value of nonmonetary asset “received”
    (B) Fair value of nonmonetary asset “surrendered”
    (C) Book value of nonmonetary asset “surrendered”

    1. Exchange of Nonmonetary Assets
    –> Cost of nonmonetary asset received is (B)
    –> Recognize gain or loss on the exchange

    2. If (A) is more evident than (B)
    –> use (A) as the cost of the asset acquired

    Cases of Nonreciprocal Transfers

    1. When an asset is transferred, in a nonreciprocal transfer
    –> Transfer is recorded at (B)
    –> Recognize gain or loss on the exchange

    2. When an asset is received, in a nonreciprocal transfer
    –> There is no asset surrendered
    –> Cost of nonmonetary asset received is (A)

    Basic Principles Modified

    If the transaction lacks “commercial substance”
    –> Cost of nonmonetary asset received is (C)
    –> Gain or loss on the exchange is not recognized

    Commercial Substance

    1. The exchange has “commercial substance”
    –> if there is a significant change in future cash flows
    –> after the exchange

    2. Significant change in future cash flows

    (1) Significant change in the “configuration” of cash flows
    –> configuration: amount, timing, risk

    (2) Entity-specific values of assets received and surrendered
    –> are significantly different

    Boot: Monetary Consideration
    If the amount of “monetary consideration” included is
    –> 25% or more of the fair value of exchange
    –> then, the exchange is considered as a “monetary exchange”

    If the amount of “monetary consideration” No gain is recognized

    2. The party that receives “monetary consideration”
    –> Recognized gain = total gain x ratio
    –> ratio = (1) / (2)
    –> (1) = amount of monetary consideration
    –> (2) = value of total consideration received

    Recognition of Loss
    “Loss on the exchange”
    –> is recognized in full amount

    International Financial Reporting Standards (IFRS)

    IAS 16: Property, plant and equipment

  118. Codification Topic 840-40
    Sale-Leaseback Transactions

    SFAS 13, November 1976
    “Accounting for Leases”

    1. Entity A sell a property to Entity B
    2. Entity B leases the property to Entity A
    3. Entity A is the seller-lessee
    4. Entity B is the purchaser-lessor

    Classification of sale-leaseback by seller-lessee
    1. Sale-capital-leaseback
    2. Sale-operating-leaseback

    Classification of sale-leaseback by purchaser-lessor
    1. Purchase-direct-financing-leaseback
    2. Purchase-operating-leaseback

    1. The lease meets one of (A), (B), (C), (D)
    2. A gain or loss on the sale of property is deferred
    3. Deferred gain or loss on the sale of property is amortized
    –> in proportion to the amortization of the leased asset

    1. The lease does not meets any of (A), (B), (C), (D)
    2. A gain or loss on the sale of property is deferred
    3. Deferred gain or loss on the sale of property is amortized
    –> in proportion to the rent expense charged over the lease term

    1. The lease meets one of (A), (B), (C), (D) and both of (E), (F)
    2. Record the purchase of property
    3. Apply the accounting for a direct financing lease

    1. The lease does not meet the requirement for a direct financing lease
    2. Record the purchase of property
    3. Apply the accounting for an operating lease

    Case 1. The seller-lessee leases only a minor portion
    –> of the remaining use of the property

    Case 2. The seller-lessee retains
    –> more than a minor portion
    –> but less than substantially all
    –> of the remaining use of the property
    –> gain on the sale > (2a) or (2b)
    (2a) recorded amount of leased asset
    (2b) present value of minimum lease payments

    Case 3. Fair value of the property as “separate” transactions

    Case 2
    1. Sale-capital-leaseback
    –> Gain on the sale – (2a) is
    –> recognized at the time of sale

    2. Sale-operating-leaseback
    –> Gain on the sale – (2b) is
    –> recognized at the time of sale

    Case 3
    A loss is recognized at the time of sale
    –> up to the amount of (3a)
    (3a) = undepreciated cost – fair value

    Capital lease criteria
    (A) Ownership transfer
    –> Ownership is transferred by the end of the lease term
    (B) Bargain purchase option
    -> Lessee has an option purchase at the price lower than the fair value
    (C) Lease term: 75% rule
    –> Lease term ≥ 75% of economic life of the lease property
    (D) Minimum lease payment: 90% rule
    –> Present value of minimum lease payments > 90% of fair value of the lease property

    Additional criteria for lessor
    (E) Collectibility of minimum lease payment
    –> reasonably predictable
    (F) No important uncertainties
    –> about the additional costs to be incurred by lessor
    –> when such costs are not reimbursable

    International Financial Reporting Standards (IFRS)

    IAS 17: Leases

  119. Now the phonies are trying to foment a war in the middle east with their fake enemies, their comrades in Russia. This is all being done to sneak in global totalitarianism.

  120. …..or get you to sign a new contract or do a short sale or a deed in lieu with no proof a contract/debt exists or they are owed any money. They want to collect payments from us if they can’t steal the property. All unjust enrichment.

  121. The “guy” we promised to pay… committed numerous felonies without our knowledge & consent and is now hiding behind a third party, an imposter, a fictitious payee trying to steal our properties.

  122. You send the recission letter to the attorney for the fictitious payee Deborah.

  123. Who is the who we promised to pay? I do not have any knowledge and I did not give my consent, any so called promise to pay felons a dime to commit multiple felonies in my name.

    I did not give anyone permission to default in my name or overissue investments in my Securities. I did not agree or consent to unjustly enrich felons for committing numerous felonies with my forged autograph by counterfeiting with my Securities……SECURITIES FRAUD.

    This behavior is egregious because it was done without my knowledge or consent.

    The clock on rescission does not start ticking until the discovery of the fraud guest.

  124. thats who we promised to pay isnt it- the guy that loaned us money to buy a house was my understanding

  125. KC , how can one rescind, if we dont know who to send it to, AKA the real party in interest

  126. Oh Shoot! You have to send the rescission letter within 3yrs. Its been almost 6 for hubby. Our daughter filed hers within 90days after closing and multiple times after Ocwens non response . Oh well what works for the gander may not work for the goose.

  127. “Fraud in the Factum is a type of fraud where MISREPRESENTATION causes one to enter a transaction without accurately realizing the risks, duties, or obligations incurred. This can be when the maker or drawer of a negotiable instrument, such as a promissory note or check, is induced to sign the instrument without a reasonable opportunity to learn of its fraudulent character or essential terms.”

    “…The actual documents offered in foreclosures document a fictitious trail — one in which no money ever changed hands.
    The homeowner, WITHOUT CONSENT OR KNOWLEDGE, was converted from a borrower to a securities issuer, and the (securities) investor was converted from being a part owner in a valid REMIC pool to being the alleged buyer of the security issued by the homeowner…”
    The homeowner was subjected to a set of documents that FAILED TO DISCLOSE the REAL PARTY or the REAL TERMS of the entire transaction — a black letter requirement of the “truth in lending laws”. (TILA).”

  128. CNBC’s Rick Santelli said “Maybe the FED are using all of us as “lab rats” to let the air out of the balloon slowly.”

    One thing is clear, the banksters are treating us like lab rats, test subjects to see what we will allow. Their so called balloon is ALL FRAUD and this is nothing more than an all out robbery of our wealth and property by our enemies both foreign & domestic.

  129. Fraud in the Factum is what makes these cases criminal.

  130. And as I always said … its in the HUD, on the Note and on the title to ~ 🙂

  131. My daughter tender the house, take the cash and move on. My husband plans to keep the house and tender the balance of what is owed after all credits and QT. Buttwipes be Gone … Flush! NO BK! Thank You .. you know who! God Bless You! Why didn’t I think about that for hubby to! I didn’t connect the dots before. Fraud in the Factum!! Its in the Mortgage ….

  132. Thank You Neil for the information.

    Bottom Line …nothing changes the Origination Fraud. Because of the Origination Fraud, the banks failure to create their own Security, there can be no holder in due course or any party that has rights of a holder.

    Truth be told, the FED is a foreign bank, AKA the World Bank, who can’t legally own anything in America and have been robbing our Treasury for decades.

    They overissued investments in our Securities and they never owned a legal right to do that. This was Securities Fraud on steroids and Copyright infringement as well. That is why they never filed a lien on property with the Secretary of States offices because they never owned anything.

    This is all a scam.

  133. Deutsche Bank Trust Company v. Prevratil (Fla. 2nd DCA 2013)

    We note that section 709.2201(3)(e) states that an attorney in fact may not “[e]xercise powers and authority granted to the principal as trustee or as courtappointed fiduciary.” The issue of whether this affects SPS’s authority to exercise powers granted to Deutsche Bank as Indenture Trustee was not raised below and is not raised here.

    According to Fla. Stat. 709.2201(3)(e) a servicer cannot be the agent of the trustee. In foreclosure involving trusts, all the evidence presented by the plaintiff come from the servicer. The status will nullify all the evidence coming from the servicer.

  134. From my friend ANON:

    “…this is fraud. We just cannot get the proof — if you could, you could reopen your whole case. Servicers can purchase loans, but then your loan would not have been in the trust, that they used to foreclose under the name of. I have called the IRS on this issue — IRS just does not care. I went to head honcho in IRS in Washington. Never heard back.

    Someone has to break through the fraud. The biggest fraud is that when you refinanced, the prior loan, and prior trust that held the loan, were NOT paid off. All that occurred were a transfer of servicing rights. Which means, you never had a mortgage/deed of trust. That is the huge fraud that I tried to get across on LL…”

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