As Courts Become Friendler to Homeowners, Now what? — Quieting Title


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The turning point has arrived as I noted a few articles ago. Courts are acknowledging that the so-called lenders are evading discovery and not making a prima facie case. The Banks are slowing the filing of the foreclosures because it is obvious they have no basis for collection or foreclosure. But the homeowners who are winning these cases are being faced with a problem: the mortgage is still on record, they can’t get title insurance, they can’t get a new loan, and their credit is ruined by the wrongful foreclosure that was filed. They also can’t sell their homes because of the unenforceable mortgage that is in the county records.

The answer appears to be a lawsuit to quiet title which really can be met with little opposition. And a second action for slander of credit and identity theft looks promising to clear the negative credit reports and collect damages. For more information on this see my blog posts in 2007 and 2008, where I predicted we would get to exactly this point. While the policy makers were passing laws and enacting draconian rules of procedure to clear the calendar of foreclosure cases caused by what they thought were dilatory defenses, it is now revealed that it is the plaintiffs that have delayed the cases not the homeowners. And while all of that was happening an increasing number of cases were being tried and won by homeowners as lawyers came up to speed on the facts and the law applied to these ridiculous instruments that are treated as though they were true notes and mortgages.

Thus for homeowners, whether they are behind in their payments or not, you have a problem caused by Wall Street criminal behavior: you won’t ever have  clear title or be able to get title insurance unless basic issues concerning the status of your title and your mortgage are resolved. It is time for offense — not because it wasn’t right when I first proposed it in 2008 — but because the judicial system and the public finally understand that the loans (all of the securitized loans) were neither properly securitized nor were they debts in any sense of the word. Those “debts” were fictional. And the real lenders were never documented as such so there cannot, as a matter of law, be a valid mortgage on the property.  Just because someone filed a mortgage in the county records doesn’t mean it is a valid document of an actual transaction. And just because money showed up on the closing table doesn’t mean it came from the “lender” in the closing documents.

The laws were constructed to prevent this situation from happening. But the complexity of how Wall Street bent the lending process in half so that nobody but insiders knew whether they were coming or going. No you probably don’t owe any money on that loan on paper but yes you probably did owe money to someone when the loan was made. No that wasn’t disclosed to you, nor were the true fees of the investment banks and their friends despite very specific instructions in Federal Law and very specific consequences — everyone who made money on your loan without you knowing it owes it back to you with interest, attorney fees and potentially treble damages.

Where do you start? By getting the information in the public records, in the public domain and then using it with  Qualified Written Request and Debt Validation Letter Under two different federal statutes. Information is king! You should be doing all this regardless of what point you are in litigation. Assume the foreclosure is wrongful until proven otherwise.

Step One? Call our customer service line for the new Super Combo which includes the QWR and DVL.

Call 520-405-1688  for West Coast and 954-495-9867 for East Coast

Courts Become Friendlier to Homeowners Who Get Title But No Title Insurance

47 Responses

  1. First test of Glaski in CA –

    The demurrer is SUSTAINED without leave to amend.
    It is clear from the allegations of the complaint that it has been drawn upon the premise that the facts in this action are identical to those in Glaski v. Bank of America (2013) 218 Cal.App.4th 1079, decided earlier this year by the Fifth District Court of Appeal. The issues before the Court thus become whether the facts here are the same as in Glaski and whether this Court is bound by stare decisis to follow that opinion.
    Firstly, the Court concludes that appellate courts are split upon the rule stated by the Fifth District Court that a debtor in default under the deed of trust upon his or her residence can bring an action for wrongful notice of default on the simple basis that there is a flaw in the ownership claim of the party calling for foreclosure. A contrary conclusion has been reached by numerous California appellate courts. See Jenkins v. JPMorgan Chase Bank (2013) 216 Cal.App.4th 497, 515; Gomes v. Countrywide Home Loans, Inc. (2001) 192 Cal.App.4th 1149. Various federal courts have examined the issue and reached the same contrary conclusion.
    Where conflicting opinions exist in the appellate courts, the trial courts are entitled to select that rule which they find the better one. 9 Witkin, California Procedure (Appeal §970). See also Auto Equities Sales, Inc., vs Superior Court (1962) 57 Cal. 2d 450.
    This Court finds the viewpoint that a debtor under a deed of trust may not be foreclosed although in default when he or she contends that the party foreclosing has a flaw in its ownership of the loan, even where there is no real dispute between the foreclosing lender and any other claimant to ownership, is illogical. The facts of this case demonstrate that point quite clearly. JP Morgan Chase is not only the servicing party that commenced foreclosure but the assignee of WaMu’s assets. If the “trust” does not have a valid ownership then it appears that JP Morgan Chase, as the successor bank, still owns it. See Scott v. JPMorgan Chase Bank (2013) 214 Cal.App.4th 743.
    In any event, this Court would narrowly construe the Glaski decision as limited to assignments to trusts that are barred by the New York law there involved. No such claim is made here. Moreover, the plaintiff is unable to allege that she has been damaged in any way by the “delay” in assignment of the loan to the trust. Nothing would bar the holder of the deed of trust from assigning it to any person or entity that was willing to accept the assignment and foreclose. ln such event this plaintiff would have no grounds for objection as the deed of trust specifically allows assignment.

  2. @ christine-
    Everything Donlad Trump has done has been a scam.

  3. Anybody got a letter from Chase limiting cash transactions? If yes, what do you make of it?

    The letter reads;

    Dear Business Customer,

    Starting November 17, 2013:

    – You will no longer be able to send international wire transfers. You will still be able to send domestic wires and receive both domestic and international wires. We’ll cancel any international wire transfers, including reccurring ones, you scheduled to be sent after this date.

    – Your cash activity limit for these accounts(s) will be $50,000 per statement cycle, per account. Cash activity is the combined total of cash deposits made at branches, night drops and ATMs and cash withdrawals made at branches (including purchases of money orders) and ATMs.

    These changes will help us more effectively manage the risks involved with these types of transactions.

  4. The Juducial sysyem is someone you were taught ti trust. Unfortunately whe they pay Judges $20,000 to come out of retirement to rule for the corrupt banks that should raise a red flag.These Judes’s retirements are tied up in the mortgage industry..I was smart enough to keep every copy of formal complaints sent to all MA state Officials and have copies of their unethical responses. I am all for installing polygraph machines in the court because if you are telling the truth there is no reason for concern, if you are lying which is perjury than you have reason to be concerned and you should get automatic jail time. Truth and proof should be enough to prove the guilty are lying under oath which is punishable by crime. Wake up Lawyers, Judges and all our elected state officials. How do they sleep at night knowing they have illegally stolen a paid off house and did not folloe MA state law and the Judge still ignored the facts of law and preponderance of evidence. YOUR TIME IS COMING SOON and I can’t wait to expose all the political parties that were involved. Your FRAUD, DECEPTION will no lnger be ignored. You will all be exposed for the criminals you are.

  5. The someone is owed this money story is not a valid legal argument. The crooks handed us back our own equity in the refis and reversed mortgaged us. Third party investors who paid to play are shit out of luck. There is no law in equity for pay to play counterfeiting schemes.

  6. NY AG Sues Donald Trump For $40M Says Trump University Was A Scam

    3 days after Fla AG Pam Bondi says she’s considering investigating Donald Trump, Trump gives her campaign $25k

    2013-10-16 —

    “Last month, Attorney General Pam Bondi was supposedly thinking about going after Donald Trump for running a get-rich seminar that some Floridians said fleeced them out of thousands of dollars.

    New York’s A.G. had already filed suit, saying that Trump’s seminars — conducted there and in Florida — were little more than a “bait and switch” meant to separate customers from their money.

    So on Sept. 14, the Sentinel quoted a spokeswoman for Bondi who said that Florida’s attorney general was studying the New York lawsuit to see whether she wanted to take action here as well.”

    No worry. Bribing is still a very profitable enterprise in the US.

  7. Is Warren Buffett Approaching an All-Time Losing Streak?
    By Eric Chemi October 16, 2013

    Berkshire’s frequency of losing streaks has increased in recent years, going from rare to regular. It took eight years before the first 4-month losing streak, and then only once after that every four years. Since 2005, however, long losing streaks have appeared every two to three years.

    Despite his reputation for amazing long-term returns, Buffett on a monthly basis beats the S&P only 51 percent of the time—barely better than a coin flip.

    Hmmm… People are starting to notice.

  8. Speaking about JPM philanthropy…

    JPMorgan to pay fresh $100M London Whale fine
    By Virginia Harrison @CNNMoney October 16, 2013: 11:02 AM ET

    LONDON (CNNMoney)
    JPMorgan has been slugged with yet another big fine as it works to mop up the mess created by the London Whale trading scandal.

    The bank will pay $100 million to the U.S. Commodity Futures Trading Commission, conceding “reckless” behavior led to the trading debacle that generated about $6 billion in losses.

    Former London-based JPMorgan (JPM, Fortune 500) trader Bruno Iksil, whose team is thought to be responsible for the complex derivatives bet, was nicknamed the “London Whale” due to the massive trading position.

    The CFTC said in a statement Wednesday that by selling a staggering volume of these swaps in a concentrated period, the bank “recklessly disregarded the fundamental precept on which market participants rely, that prices are established based on legitimate forces of supply and demand.”

    It’s the latest in a series of financial blows to hit the bank. The most recent penalty relates to trading behavior, while earlier fines have punished JPMorgan for failing to maintain proper governance practices.

    Last month, the investment bank agreed to pay about $920 million in penalties to U.S. and U.K. regulators to settle charges over the London Whale trades.

    Through those fines, the bank acknowledged that it violated banking rules by not properly overseeing its trading operations. In legal language, regulators said that the bank engaged in “unsafe and unsound practices.”

    Darn! I hope there’s still a little something left for when I win on my appeal… I’d hate to have worked that hard and come up empty because government took it all!!!

  9. What is the corrupt Justice System going to do after the fact when they are responsible for causing an honest family who made every mortgage payment and was mortgage free from losing their home illegally? Well they have met their match because honesty, & percistanse has paid off and these Judes will be behind bars by the time I am through with them

  10. Published on Oct 2, 2013

    Sherry Peel Jackson, former IRS revenue agent and former CPA, was thrust into the national spotlight for taking a stand against government fraud and theft, and landed in federal prison for three years. The government shut her down at every turn and suppressed evidence of her innocence. Now that she is out she is even more determined to help conscious Americans renew their minds and control their own futures.

    She is a true patriot aiming to help the American people emerge from under the thumb of all types of oppression and become empowered to rule their own lives!

    To see a video on her background struggles for whistleblowing please watch:

    Another unsung hero…

  11. IMF Proposal to Tax Bank Deposits

    A report by Agence France-Presse, the International Monetary Fund strongly suggests countries tax the rich to fix deficit, is a caveat for a bigger risk. “The IMF has set off shockwaves this week in Washington by suggesting countries fight budget deficits by raising taxes. In its Fiscal Monitor report, subtitled “Taxing Times”, the Fund advanced the idea of taxing the highest-income people and their assets to reinforce the legitimacy of spending cuts and fight against growing income inequalities.”

    Before all those occupy supporters, rejoice and start their partying, the sober reality of the actual methods that the financial elites would use to implement revenue enhancement, needs a closer examination.
    Contrast the interpretation from Europe with the broader assessment in, IMF Discusses A Super Tax Of 10% On All Savings In Eurozone.

    “The sharp deterioration of the public finances in many countries has revived interest in a “capital levy”— a one-off tax on private wealth—as an exceptional measure to restore debt sustainability. The appeal is that such a tax, if it is implemented before avoidance is possible and there is a belief that it will never be repeated, does not distort behavior (and may be seen by some as fair). There have been illustrious supporters, including Pigou, Ricardo, Schumpeter, and—until he changed his mind—Keynes. The conditions for success are strong, but also need to be weighed against the risks of the alternatives, which include repudiating public debt or inflating it away (these, in turn, are a particular form of wealth tax—on bondholders—that also falls on nonresidents)

    The tax rates needed to bring down public debt to pre-crisis levels, moreover, are sizable: reducing debt ratios to end-2007 levels would require (for a sample of 15 euro area countries) a tax rate of about 10 percent on households with positive net wealth(*).”

    Wait, wait, don’t tell me! Did Karen Hudes mention that we’d see a big change “within a couple of day”? Is it finally happening?

  12. Chit typo. No readers handy
    Sold for legsl money
    Sorry bout that

  13. Carie
    Its ” in my experience” he says ha.
    The letters i have been sent are just as ridiculous. They pretent they know what they are doing. Bluff bluff bluff
    My psrties ad you know are same
    My trustees deed has ” was the beny ” underlined by hand and ssys domd ” for legal money”. There is so much more

  14. Here is the last email from that lawyer:

    “It is my experience that foreclosure purchasers will bring cashier’s checks to the sale made payable to themselves. If they are the successful purchaser they then endorse those checks over to the foreclosure trustee. This is the last email I intended to transmit on this topic. Any further request will be ignored.”

  15. Such BS, javagold…I asked the attorney for the guy who bought my house at the foreclosure sale the same question—this is what he said:

    “…The recipient of the payoff would have been the holder of the promissory note and you should communicate with the holder or the foreclosure trustee…”

    So—why would the “holder” receive a “payoff”? Really? BS.

  16. LOL, in this monopoly game, Jamie Dimon makes his own Get out of Jail Free card for 6 to 8 billion dollars.

    Laughing out Loud, for real!

    Trespass Unwanted

  17. Carrie. I asked same thing st sheriff sale. No one seems to know anything. I’m serious the whole Damn world is making shit up as they go !!!!
    Even better my sale had a surplus of $25,000 and no one could answer who gets that money , as I had personal liens (not on property), and I got 5 different answers from attorneys, banks and sheriff’s.


  18. When a purchase is made at a foreclosure sale, who is the check for the purchase made out to? What name, company or entity? The foreclosure mill? Anybody know? Thanks.

  19. KC,

    By all means, if you know what you want, go for it. But again, all many people want is a mod. Just for the record, I wasn’t even referring to you when i posted that case. When did it become about you and your relationship with MERS?

    What am I missing here? Is everything about you?

  20. Very good link on federal court decisions related to regulation z (Tila), X (Respa) and B (Ecoa)

    Good, current cases to read. 2nd quarter of 2013.

  21. We have no intentions of leaving … we Both plan to die here. And we don’t want a Slandered Title followed by a Criminal Slander of Title! We Want Good Title and that takes a Court Order! We are not about to dump this mess on each other or our children.

    A Mortgage/DOT Requires a Meeting of the Minds by All Parties who have an interest in the borrowers Estate!

    I don’t even have to embrace MERS because I was never presented with the mortgage/dot and I never acknowledged accepting the terms in it. VOID PERIOD under Illinois Law!


  22. Java-Keep fighting. I have gotten my sale date so many times I can’t even count. I think it’s been about 7. I hope this doesn’t come across arrogant because that is not my intention, I’m sure they can lay the smack down whenever they want. I keep emailing the AG, CFPB, County Attorney, the trustee, etc…I lost in court and still have had it pushed several times. I got another letter from Nationstar the other day stating they are “investigating” my complaints.

    I googled my trust and got as many contact people/investors as I could. Fortunately, I have a rescap trust and many of the court docts are public so I sending an email to about 50 different “investors” and/or their attorneys. I’m almost done. Of course I’m going to cc my good pals at Nationstar who haven’t been willing to work with me at all.

    Can’t say this will stop them but even if I only get a handful of investors to reply and are in favor of a MOD I’ll be setting myself up for a wrongful foreclosure. I’ve already moved on but I’m really just fighting for the principle.

    KC-I don’t get why we should embrace MER’s? Can you please elaborate. I’m confused.

  23. By
    Michael J. Casey

    WASHINGTON—As if conjuring up the spirit of his bank’s founder, James Dimon is planning to take the place of the U.S. government if it goes into default—at least as far as his clients’ federal benefits go. [What’s in it for him?]

    At a meeting of the Institute of International Finance on Saturday, Mr. Dimon, the chief executive of J.P. Morgan ChaseJPM +3.02% & Co., said he expects a deal to be reached between the White House and Congress that will raise the debt ceiling before the borrowing capacity is otherwise forecast to be exhausted on Oct. 17. But in the event that the government runs out of cash to make a $12 billion Social Security payment due on Oct. 23, J.P. Morgan has a plan. [Again, it is not philanthropy. What’s in it for him?]

    Mr. Dimon said his bank would fund the $6 billion to $8 billion in government benefits that the bank processes each week for its clients, even if the government doesn’t actually pay those obligations.

    The rest of that article is actually a beauty. For a minute there, I almost went: “Hatta boy!’


    Naw. JPM makes a ton of money with food stamps and with SS checks. Just defending his steak. And making sure he keeps that cozy little racket going. As usual.

  24. KC,

    I qualified that piece by saying: “Depending on what people want to accomplish.” Does that result resolve everything? Hell no!

    But what if all people want is simply stay put for the time being? Why always bring up all the drawbacks, as if to dissuade people from taking action and making the decisions that are suitable to them?

    It’s exactly what happens here all the time. People give Mandelman a lot of flack for helping homeowners stay in the house. Know what? In life, there are pretty much two kinds of people: the doers and the talkers. Talkers don’t do and doers don’t talk. But i know from experience that the doers are a hell of a lot happier… even with a clouded title! And they get results they can live with. I applaud them.

  25. Better Question Yet? Who benefits from the proceeds (profits) of a trust? Who is responsible for the taxes on the income? We already know the LAND CONTRACT says the LAND OWNER is responsible for RE taxes. And did you know that you can get fc on re taxes even if your mortgage is paid off and your title in trust with no liens on it?

  26. Nice case Christine… but what about the title? Did the borrower waive their rights to title, to their Estate in that settlement? ( Refi? Mod?)
    Did they waive the homestead rights to the Land?

  27. Depending on what people want to accomplish, an audit might be the answer. I know NG peddles for his and so does MS. Don’t know anything about Paladin: not my neck of the woods. But the result appears impressive. Again, this is for someone who wants to stay put and get a reduction.

    California Client Has Foreclosure Cancelled and Payment Cut in Half

    A California couple was offered a settlement by OCWEN that included allowing their foreclosure to be cancelled and reduced their homeowner payment by 55%.

    Cheyenne, WY — (SBWIRE) — 10/16/2013 — Having fallen two years behind on their mortgage and facing a foreclosure sale date, California homeowners, Gregorio and Maria Salvador, were about to lose their home. As a last minute effort, they sought the legal services of attorney, John Woods of the Law Offices of Art Hoomiratana in Pasadena, CA. The firm specializes in foreclosure defense and has a proven track record of success for not only preventing foreclosures but for also having foreclosures overturned, even after the sale has been completed. To investigate the lender’s standing to foreclose, Woods hired a company called Paladin Securitization Auditors to conduct a securitization audit, a document that investigates the securitization process and identifies violations of the Securities Exchange Commission.

    The securitization audit found evidence of the following: Fraud and Wrongful Foreclosure Case based upon Statutory Violations, Promissory Estoppel, Negligence, Negligent Misrepresentation and Violation of Business and Professions Code 17200. Based on the findings of the securitization audit from Paladin, The Law Offices of Art Hoomiratana litigated on the above stated matters and OCWEN offered up an immediate settlement that included removing the client from foreclosure and a 25 percent reduction of principle. The settlement also included over a 5 percent reduction in interest rate. As a result, the homeowners’ payment was reduced by over 55 percent.

    Paladin’s securitization audit not only helped save the Salvador’s home, but it also led to a payment reduction of over 50 percent. This isn’t the first time their securitization audits have been used successfully in court, either. In fact, Paladin boasts a successful portfolio of clients, both homeowners and attorneys that have used their audits to settle with lenders and servicers both inside and outside of the courtroom.

  28. MS … Right on Target! Embrace MERS!
    Look into the Mirror and you will see.. MERS aka Thee.

  29. My patience is gone after all these years….. The Consequences for my loss of patience? I suspect I’m getting sent to Quiet Time. I hear they serve Whine there.

    Many Blessings to All!

  30. Sorry, Neil, but your assertions about foreclosure victims winning look like balderdash to me, and I don’t see ANY substantiation from you in the form of case law.

    Precisely WHO wins against foreclosure of a valid mortgage with quiet title actions? NOBODY that I know of.

    WHAT COURTS have declared mortgages invalid for the reasons you claim? NONE that I know of.

    I know of only one methodology that reliably works to get financial compensation for the mortgagor – examine the mortgage-related documents for breaches, torts, and legal errors, and then approach the lender for settlement or sue the lender.

    Do you have the skill to examine mortgage related documents comprehensively? If you don’t, I know who does and I’ll gladly refer you FREE if you give me a call or drop me a line.

    Bob Hurt 727 669 5511 Email:

  31. If someone wants your land, what’s the worse that can happen?
    Well someone lived it and died as a result of it.
    Reminds me of trying to keep my home from being stolen and having six attorneys (any to act) take times doing things to get the property.

    Bless this man’s soul, and woe to those that trespassed upon his right to Life and peaceful enjoyment of property.

    Trespass Unwanted.

  32. @todd w – have you read the rowe complaint? It appears (key word) his att in fact signed a reformed note and rowe is apparently claiming it was done without authority, but it’s hard to tell. He didn’t name the att in fact as a defendant. I think it will turn on a couple of things – the att in fact’s power of attorney and whether or not any Reg Z provided Rowe reflects the figures on the reformed note. If it doesn’t, he may well have a case for rescission. It’s an esoteric complaint, but I do think the complaint is instructive on laws relevant to rescission fwiw to anyone interested in rescission. If you catch the response, I’d appreciate it if you’d link it.


    Listen to Gary Null’s interview of Karen Hudes (starting at approx. 24 minutes). She clearly states that, in the next couple of days, things are going to move like they never have. She refers to the banks and the corrupt politicians as a snake thrashing left and right before it meets its end.

    A hero with a conscience.


    Now why didn’t I guess that ‘signing-a petition’ arm of the gov’t is on shutdown?

  35. Java,

    Todd is right.

    Don’t let one loss deter you. We all lose at one time or another. I did and I’m on appeal, waiting for a decision that will determine what I do next. Staying in the fight is what makes the difference. Ask Glaski. He lost a number of times before scoring one substantial win. And he knows he still has a long road ahead of him.

    What banks didn’t count on is that people would make it a battle of principle. There comes a time when the house doesn’t mean anything anymore. Fighting to the end is what matters. I would venture to say that it represents the great majority of bloggers on this site.

  36. What do you think? Who is “Landtegrity?”

    We wanted to extend our very real and sincere thanks to all of you who have signed the Landtegrity petition to audit the land registries in every county of the USA. The fight continues. We are knocking on the door of 2,000 signatures.

    The sponsors of this petition feel strongly that if these bankers and wall street white collar thugs are not met head on and in force at the crime scene (our local county land recorders office) they will certainly continue until they have control of everything, including our treasured national land records. We are in the most important fight of our lives. The fight for liberty from wealthy tyrants who have turned on their own nations homeowners as the quarry for their next hostile takeover. MERS, in our opinion was nothing more than a tax evasion scheme concocted by criminal bankers and a very clever attempt to take over the promissory note portion of the national land record. It is an aggressive tactic by a formidable enemy. And these economic terrorists are here on our own soil and trust me, they want your house.

    The fight is still being waged in courtrooms across this nation. Please, if you have not done so, tell your friends to sign the petition by placing a link to it on your facebook timeline/wall. Approximately 20% of those who signed have also clicked on the like button on Landtegrity’s Facebook page. Thank you. It is much much more visible, and therefore viral and effective if you share the link. It is attracting 5-6 signatures per day now without any marketing whatsoever from us other than contacting you guys.. We need that number to grow to 100 per day and then 1000. Help us. The fight is not over yet. The bankers who would gladly snag your house illegally are finding that judges and legislators are waking up to their over the top greed. And they are running up against guys like Mark Stopa, Scott Stafne and George Babcock when they get to court. They are now retreating to even more evil tactics like using attorney (continued education) conferences to convince young banker attorneys to file sanctions against good foreclosure defense attorneys just to harass them into quitting. Look: It is a very simple thing to copy and paste to your facebook wall. Thank you..

    This fight will not be won without soldiers. Your signature and your influence are bullets that you lock and load and you decide where to fire them. Fire them directly at these elitist bankers. This is a contribution that combined with other contributions becomes groups of contributors and ultimately becomes a real weapon. In order to force the Obama Administration to respond to a petition it needs 100,000 signatures.. Verify this here: . It is hard to get the attention of those who are busy eroding your liberties.

    Thank you again

    Catherine, Chloe, Richard, Jeff, Jim & the passionate sponsors
    of Landtegrity.


    @todd w – this should be interesting!

  38. Exparte Notice Seeking To Stay Sheriff Writ
    Petitioner Serves Ex Partie Notice As Follows:

    The originator is the obligor to the bond. The bank NA is the creditor and transferee. The transferor is the LLP. The issuer is the lien of record. The issuer is given the right to pledge the deposit into a depositors account. Why – because the depositors ACCOUNT is used to pledge the obligation at a discount. It’s a futures contract in perpetuities that cause the restraint on alienation

    This and every foreclosure is WHAT COURTS RECOGNIZE as executory agreements. It’s unenforceable by operation of law to pursue a foreclosure unlawfully by executing an undisclosed contract of adhesion

    Your editor is encouraging people into allowing the courts to enforce these ancient law contracts rooted in allodial title and freeholds under a livery in siesen dating back to the magna carte

    Your losing to a reverse purchase and Repurchase – got it . Not a reverse sale and purchase but Repurchase ….REPOOOOOOOOO

    There is no merit in a quiet title action.

    (I won’t answer questions here as its construed to practice law Any testimony given is protected by law and enforced by department of Justice)

  39. There is NO SALE as the sale is conducted in abstention. Theforeclosure Mill is absent an attorney …they cannot practice law under the jurisdiction of the state of Delaware …the attorneys dont emerge untill the time of the eviction. The eviction coincides on the anniversary of the date they set forth for a bonds matuirty. Your a victim of a rollover on a 1st or 2nd anniverseray bondholders term.

    The assingnment by Mers Corp represents your interest in a grantor trust …and you miss thejoinder claim by attacking Mers Corp as a genereal obligations nominee

  40. Your talking about a land sale contract and IRS REG for consumating a tax deferred sale using a zero coupon . You cannot service a sinking fund general ledger ….IASB will support your arguments under the old , codified and newly revised FAS 140 [ASC 310-380] Your talikng about equity defenses not debt . ..Your talikng about a a corprate tax payer debenture and depositors account formed in trust. Take the payments and multiply them by your factor the lender uses …..its a backdating scheme and your calling me a fraud and not hearing my message….the courts are becomiing friendlier …

    Editor ….are you insane

  41. With all the “so-called” owners of your loan, what good is a “quite title” Neil?

  42. Anyone trying to quiet title on my home, the judge better read the initial eviction court case and see that I didn’t leave willingly, but I do not go to war, even when attacked unprovoked.

    I know there has to be a way to distinguish from a real theft without standing and someone toying with mortgages or their obligation and trying to get from under a contract they made with full knowledge they were paying someone they did not owe.

    I totally discouraged people from getting a mod.
    That new contract was the ultimate trap.

    I’m reminded of Judge Judy type court cases between two litigants.

    She gets one side to show a signed agreement. Then she starts questioning the other side about their obligation within the agreement.

    Question. Did you pay them in January? Answer: Yes
    Question: Did you pay them in February? Answer: Yes
    Question: Did you pay them in March? Answer: Yes
    Question: Did you pay them in April? Answer: No
    Question: Did you pay them in May? Answer: No.
    Question: Did you pay them in June? Answer:No.
    Then she asks
    Why didn’t you pay them?
    Answer: I didn’t owe them any money.
    Then she says something like, you had started paying them as agreed and you can’t just stop paying them. They were relying on those payments (or something to that effect).

    I see her recognize the following legal maxim in her court all the time.

    Maxim: Whoever pays by mistake what he does not owe, may recover it back; but he who pays, knowing he owes nothing; is presumed to give.
    Written another way:
    What one has paid knowing it not to be due, with the intention of recovering it back, he cannot recover back

    In this situation, some people know the servicer doesn’t have the title, the note, no standing to sue, is not the real party in interest, and has no right to payments, but they file for mods anyway and start paying and then when they don’t get the mod, or they can’t pay the mod, and end up in foreclosure; they want to run to court with the ‘I didn’t owe them anyway argument.’.

    Some people just mess it up for everyone who did it right and were robbed, because they want to scam the system.

    Trespass Unwanted, Creator, People, Life, Corporeal, State, Independent, Free, In Jure Proprio, Jure Divino

  43. Jeff Barnes OCWEN Loan Servicing ADMITS:

  44. Java- hang tough. Just waiting on Answer to be filed in W.Va Fed court in Rowe v. Aurora et al. as in “Judge” Rowe. He was getting screwed, demanded a verified audit and accounting (sound familiar?) and Nationstar the new purported “servicer” told the Judge to go screw and served a Notice of Default. The good and prudent Judge Rowe sued for violation of TILA (6 years later) and usury among other causes of action. This all went down in Aug 2013 and in same month the Szymoniak qui tam complaint was unsealed (I know she used her client’s info) add to this Phoenix et al v. JPMorgan- 100% fail rate on txfr of notes to the alleged “trust”. Add to this an acquaintance won in Belfast, No. Ireland 2 weeks ago against Santander UK PLC.

    So, the past 2 months have been “busy” to say the least. We work with people in 15+ states and have all held off on quiet title until we get the discovery. We’ve all been very patient the past 4 years.

    Again, hang tough, there is a lot of good things going down.

    I just filed a detinue complaint for return of my personal property (note and DOT) that was never returned after I “paid off” a purported “loan” in 2006. I’m just getting warmed up like the rest of the “faithful” who have taken many arrows, and been subjected to retaliation, coercion, intimidation, etc.

    Will share the detinue and when I queue up the QT will post on ScribD and post link here. Have learned to be patient through all this

    I hope the banker trolls read this. You should be scared, very scared when your ass gets the subpoena.

    I have even been springing for the expense of the sheriff ($40 per summons in Md) lately to serve the summons/complaint since I want their neighbors to see the Sheriff cruiser show up at their home on a Saturday morning.

    Todd Wetzelberger

  45. Could you please e mail me the new Super Combo which includes the QWR and DVL?   Thanks in advance for your kind help.   Pasapula   PS: I understand 6 Years is the Limitation period in New York State for debts including Mortgage Notes.If a Bank has not initiated any Foreclosure Law Suit within this 6 year period when the customer was delinquent, will the Limitation period kick in and make the debt time barred?


  46. don’t see it…….I lost in court today. …….. again …….but I will keep fighting and telling the court it’s WRONG , as I did today.

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