NEW LOAN CLOSINGS — BEWARE!!!— NonJudicial Deeds of Trust Slipped into New Mortgage Closings in Judicial States

For more information please call 520-405-1688 or 954-495-9867




EDITOR’S NOTE: It is no secret that the Bank’s have a MUCH easier time foreclosing on property in states that have set up non-judicial foreclosure. Banks like Bank of America set up their own “Substitute Trustee” (“RECONTRUST”) — the first filing before the foreclosure commences. In this “Substitution of Trustee” Bank of America declares itself to be the new beneficiary or acting on behalf of the new beneficiary without any court or agency verification of that claim. So in essence BOA is naming itself as both the new beneficiary (mortgagee) and the “Trustee” which is the only protection that the homeowner (“Trustor”). This is a blatant violation of the intent of the the laws of any state allowing nonjudicial foreclosure.
The Trustee is supposed to serve as the objective intermediary between the borrower and the lender. Where a non-lender issues a self serving statement that it is the beneficiary and the the borrower contests the “Substitution of Trustee” the OLD trustee is, in my opinion, obligated to file an interpleader action stating that it has competing claims, it has no interest in the outcome and it wants attorneys fees and costs. That leaves the new “beneficiary” and the borrower to fight it out under the requirements of due process. An Immediate TRO (Temporary Restraining Order) should be issued against the “new” Trustee and the “new” beneficiary from taking any further action in foreclosure when the borrower denies that the substitution of trustee was a valid instrument (based in part on the fact that the “beneficiary” who appointed the “substitute trustee” is not the true beneficiary. This SHOULD require the Bank to prove up its case in the old style, but it is often misapplied in procedure putting the burden on the borrower to prove facts that only the bank has in its care, custody and control. And THAT is where very aggressive litigation to obtain discovery is so important.
If the purpose of the legislation was to allow a foreclosing party to succeed in foreclosure when it could not succeed in a judicial proceeding, then the provision would be struck down as an unconstitutional deprivation of due process and other civil rights. But the rationale of each of the majority states that have adopted this infrastructure was to create a clerical system for what had been a clerical function for decades — where most foreclosures were uncontested and the use of Judges, Clerks of the Court and other parts of the judicial system was basically a waste of time. And practically everyone agreed.
There are two developments to report on this. First the U.S. Supreme Court turned down an appeal from Bank of America who was using Recontrust in Utah foreclosures and was asserting that Texas law must be used to enforce Utah foreclosures because Texas was allegedly the headquarters of Recontrust. So what they were trying to do, and failed, was to apply the highly restrictive laws of Texas with a tiny window of opportunity to contest the foreclosure in the State of Utah that had laws that protected consumers far better than Texas. The Texas courts refused to apply that doctrine and the U.S. Supreme court refused to even hear it. see WATCH OUT! THE BANKS ARE STILL COMING!
But a more sinister version of the shell game is being played out in new closings across the country — borrowers are being given a “Deed of Trust” instead of a mortgage in judicial states in order to circumvent the laws of that state. By fiat the banks are creating a “contract” in which the borrower agrees that if the “beneficiary” tells the Trustee on the deed of trust that the borrower did not pay, the borrower has already agreed by contract to allow the forced sale of the property. See article below. As usual borrowers are told NOT to hire an attorney for closing because “he can’t change anything anyway.” Not true. And the Borrower’s ignorance of the difference between a mortgage and a deed of trust is once again being used against the homeowners in ways that are undetected until long after the statute of limitations has apparently run out on making a claim against the loan originator.
Foreclosure News: Who Gets to Decide Whether a State is a Judicial Foreclosure State or a Non-Judicial Foreclosure State, Legislatures or the Mortgage Industry?

posted by Nathalie Martin
Apparently some mortgage lenders feel they can make this change unilaterally. Big changes are afoot in the process of granting a home mortgage, which could have a significant impact on a homeowner’s ability to fight foreclosure. In many states in the Unites States (including but not limited to Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Vermont and Wisconsin), a lender must go to court and give the borrower a certain amount of notice before foreclosing on his or her home. Now the mortgage industry is quickly and quietly trying to change this, hoping no one will notice. The goal seems to be to avoid those annoying court processes and go right for the home without foreclosure procedures. This change is being attempted by some lenders simply by asking borrowers to sign deeds of trust rather than mortgages from now on.
Not long ago, Karen Myers, the head of the Consumer Protection Division of the New Mexico Attorney General’s Office, started noticing that some consumers were being given deeds of trust to sign rather than mortgages when obtaining a home loan. She wondered why this was being done and also how this change would affect consumers’ rights in foreclosure. When she asked lenders how this change in the instrument being signed would affect a consumer’s legal rights, she was told that the practice of having consumers sign deeds of trust rather than mortgages would not affect consumers’ rights in foreclosure at all. Being skeptical, she and others in her division dug further into this newfound practice to see if it was widespread or just a rare occurrence in the world of mortgage lending. Sure enough, mortgages had all but disappeared, being replaced with a deed of trust.
As a general matter, depending on the law in a state, a deed of trust can be foreclosed without a court’s involvement or any oversight at all. More specifically, the differences between judicial and non-judicial foreclosures are explained here in the four page document generated by the Mortgage Bankers’ Association. It is not totally clear whether this change will affect the legal rights of borrowers in all judicial foreclosure states, but AGs around the country should start looking into this question. Lenders here in New Mexico insist that this change in practice will not affect substantive rights but if not, why the change? The legal framework is vague and described briefly here.
Eleven lenders in New Mexico have been notified by the AG’s Office to stop marketing products as mortgages when, in fact, they are deeds of trust, according to Meyers and fellow Assistant Attorney General David Kramer. As a letter to lenders says: “It is apparent … that the wholesale use of deeds of trusts in lieu of mortgage instruments to secure home loans is intended to modify and abrogate the protections afforded a homeowner by the judicial foreclosure process and the [New Mexico] Home Loan Protection Act.”

21 Responses

  1. If you are a FC fraud victim who is forced to defend your own titles pro se in fraudclosure, you need to be a very open minded individual in order to be able to permanently remove the “freemasonic blindfold” that is being used to block discovery of the true origins of this Global crime spree. It is an international bank heist of monumental proportions by our enemies both foreign and domestic. It really is the unlikely Origins of the Origination Fraud that entices the human mind to think and act like a sleuth who is an undercover detective of sorts. It is not unlike unraveling any
    great mystery. It arouses a human beings curiosity to a point that is above and beyond the basic investigative level. Great mysteries challenge the mind of the investigator
    by exciting the human imagination.
    Unraveling clues reveal hidden secrets. Having a very open mind is the key component that can reveal the mystical meanings that are encoded in these fraudclosures. It is like cracking the Bible code that is secretly encoded in the Book of
    Revelations by John of Patmos. It is everything that is being revealed in reverse. That is an extremely stubborn and obstinate way of
    thinking that forces the human mind to think for itself. That new way of thinking rings a bell in some people that allows all traitors and thieves to be revealed to the victim by the victim themself.

    That is how you know Albert Einsteins ‘theory of relativity” is a genune and authenrtic hoax not unlike fraudcosure, it is all about mind
    control of its targeted victims.

  2. Nothing is going to help us innocent VICTIMS that illegally had their paid off homes illegally stolen when our JUDGES are so corrupt and the attorneys are too scared to hold the Judges feet to the fire fearing it will affect their future cases. It has forced us ethical homeowners who never missed a payment to learn the law. Things are going to change now because when you meet the burden of proof and have a preponderance of evidence that proves FRAUD, illegal foreclosure, DEFALCATION etc we are going to go full steam ahead and expose these banks, attorneys & unethical Judges. BEWARE the tide is about to turn and the truth & proof will prevail!

  3. Want to start your own private business because you do not want to be forced to work for and be spied upon by this evil corp of “investors?”

    It will do anything and everything in its power to force you to fail.

    It will manufacture terrible events and unlikely scenarios in your personal and private life to force you to “think” about working for it. It wants you to be a mind controlled slave to it.

    How many people in this country bought into the notion they are ‘depressed” about symptoms of a much larger problem that is in fact, attempted demonic control of their destinies to eventually possess their souls?

    That is why all of the drug commercials are promoted in the
    media. Get Viagra, get symbalta and on and on. People are unknowingly and unwittingly being lead to the slaughter by being told to ignore the actual underlying issues. Just like in fraudclosure.

    The fact there are no torts to all of these fraudulently induced contracts means not only is there no Security but, the devil is the “missing link” that replaced that “missing security.”

    That “missing link” that creates the chain of title to all of the devils fraudulently induced debt is in fact the unlawful Healthcare Law/Tax.

    That is highly criminal to create a law that is a tax to fraudulently conceal the highly criminal wrongdoings of these Securities Fraud “investors” in there own fraud under the guise of “Healthcare ”

    The devil hiding from within, the Abominator of evil is handing the “capital controls” of our entire nation over to the cops, lawyers and judges who are demonically possessed entities. That was spoken about in the movie Godfather III, when Michael Corleone said he needed a lot more “lawyers” to try and cover up for his crimes that were actually sins against God. He tried to criminalize the Vatican Bank for his own fraudulent investment practices. Anyone who saw that movie saw that did not end well for him.

    The truth of the matter is, Academia lost its moral soul long ago. That is the true cause of all of the societal and moral ills of today. We have communist professors imbedding satanic thought processes in the minds of the many. Its outreach is huge because it touches upon every aspect of our lives mainly through technological advances. The devil uses those advances as instruments in which to spy, control and conquer over the minds of the many.

    The t.v. music and movie industries of today, employ severe mind control tactics to seduce their victims. This is done by imbedding certain sound like qualities and certain visual effects that stimulate certain areas of the brain to think differently. Techno pop festivals are an extremely good example of the sound/sight mind
    control agenda.

    People do not even realize their own rational thought process is being rewired. The way certain types of lighting are used does effect the brain
    in a negative way.

    Neon lights for example, cause differing brain wave stimulations depending upon how they are

    The colors blue and red are used in differing patterns by the news media to make the brains of their viewers process their thoughts in a certain way.

    There is an awful lot of fraud that is being covered up and that coverup is extremely dangerous to all of humanity.

    While I do agree with Jesse Ventura that cell phones are a spy tool, as usual, he misses the mark by not telling his audience the real reason. The who, what, why, where, when and how they are being used to spy on

    Cell phones are Capital Control mechanisms. So are computers, landlines, televisions, radios, CD players, grocery store announcements, Village Hall flyers, advertisements of any kind. Even catalogs and magazines along with most of our mail that is delivered is meant to be induce upon us, certain feelings and emotions.

    That does not even include the sound waves that are generated by all of the cell phone towers and electrical poles that are all over the place. Could Tesla have been a genius about the use of high frequency mind control tactics? Those light poles, etc. actually generate low frequency demonic

    Certain names of roads are used to invoke evil and cause the human mind, body and spirit to time travel into darkness.

    There is a lot of stuff we never knew, and a lot of evil has manifested itself as a direct result.

    Take for example the Wall Street red and green stock market report on the financial channels. Color coding is used to invoke certain types if evil demonic entities. High frequency electronic trading platforms cause the physical dimension to move more swiftly into another spiritually evil and demonic dimension that will eventually lead us
    into Armageddon. Algorithms are another example of conjuring up evil.

    They use the woods and cemeteries to
    conjure up all sorts of evil spirits from the dead.

    “Corporate stores,” and headquarters, hospitals, E.R ‘s, village halls, police headquarters, even cars, all buildings and even homes and apartment buildings are designed, built, displayed and lit up
    in such a way that evil spirits can
    thrive from the demonic energy they imbibe. The movie about the car named “Christine,” or the movie “Network,” showed how the “landscape” that surrounds a person can open a portal of spiritual evil. That entryway of evil being opened up by thriving off of “the landscape,” can have many serious evil effects on the human psyche that cause negative
    neurological stimulations that are
    triggers that trigger human fear. Those triggers are meant to cause the human spirit to go haywire by fraudulently inducing “human flight simulation.”

    The fear factor comes into play when the human psyche feels trapped and helpless because it feels there is no place to hide from this evil.

    That is why we need to have a strong faith in a greater good.

    There are many who say that non-chalantly however because they think they are safe from being victims of this evil. To them I say having money, investments and a great paying career will not protect you from being a victim of this evil because we are all targets being used by this evil. Once the predetermined time has arrived that you are deemed to be “used up,” by this evil, all of unimaginable hell will break loose in your life.

    The reason being is that we are all going to be brought forth by this evil who will severely test our faith in God the Creator. If you have not yet been “put to the test,” you are in for a big surprise. It is really easy to view other peoples tests of faith as “they really screwed up.” However, when it is your turn and your faith is the faith being tested, I dare anyone to judge another persons actions.

    That is why only judging a person on half the story is ill contrived at best. It is not only unjust, it is presumptive, assumptive and purely
    ignorant. Moreover, “pre-judging” another human being based upon heresay evidence that is based upon a theory about another person
    that is based on no well documented facts, because that judge was not there and the story teller has an underlying undisclosed agreement of some sort with some other entity is
    an abomination of evil. This type of judgment being spoken of by another by telling lies as truth, is not only meant to be extremely harsh and judgmental but by using what can only be described as wild speculation regarding the reactions of another as being wrongdoings is extremely biased and is meant to be excruciatingly painful to the mind, body and soul of its targeted victim.

    Harsh opinions of another that are based on nothing but what amounts to gossip that is akin to schoolyard bullying can only be considered by the victim of it as strong proof of an intent
    to permanently harm you, the fraudulently induced victim of it.

    This is how the Russian nationals always operate their scams. Their Nazi counterparts have a Vendetta against God and all of humanity as well. That Vendetta is the basis for all scourges upon humanity but is based mainly upon its hatred of Christianity and the Catholic Church which is the Vatican in general.

  4. There is no other logical or meaninful explanation for millions upon millions of wrongful fraudclosures being committed with no conscience whatsoever other than hell has manifested itself on earth.

    To call it complete corruption is merely a symptom of a much bigger problem of outright demonic

    How else could so many judges be ruling against the rule of law and wrongfully sentencing the innocent to such depths of despair?

    That does not even speak to the other “seemingly unrelated” horrors that are being done to the victims defending

    The truth is fear can overtake your rational thoughts. That is why fear is imbedded in and about our society and is being used as evils weapon of

    The media uses negative reporting as
    a secret weapon to secretly mind control the masses. Most people don’t even realize how deeply fear has been imbedded in their psyches. So when something evil strikes them, they are blamed for the wrongdoings of others.

    To those who say they do not live in fear have not yet been subjected to its evil effects.

    Creating victim souls ripe for the picking is how this evil operates to control the destiny of its chosen victims from another dimension.

    Anybody defending their freedoms from it, will become its primary target.

    The Healthcare Act/Tax is going to be used as its evil rulebook, a control freak mechanism to destroy the freedoms of others. This is going to be done by ignoring all of the natural born legal rights of its victims just like in fraudclosure. It will steal your legal right to defend yourself by openly ignoring those legal rights.

    You are considered guilty of everything and anything imaginable under that act. There will be no such thing as a fair or honest trial. You will be forced to plead guilty to anything you are charged with because the unjust judge already made its ruling about you on the day your were born.

    This is why there really is no such thing as foreclosure defense for the victims of this illegal fraudclosure scam. Because you quite frankly are a target of this evil virtually through no fault of your own.

    Being offerred loan mods or short sales as options to a quintillion dollars in Global Securities Fraud is dastardly. The reason being is you are being sentenced to a life of slavery to these demons which include all sorts of abominations of the devil that will never be revealed to you.

    Filing bankruptcy or being fraud closed upon are merely coverups of a much larger demonic scheme. What this evil has planned for its targeted victims will be kept hidden.

    The reason being is the likely outcome of being robbed of your dignity by secretly being stripped of your U.S. Birth Certificate and the title to your humanity, is complete immorality of its victims. That always leads to a bitter end for the unknowing victims of the evil scheme.

    This is why people are being drugged up for symptoms of a much larger problem which is demonic in origin.

  5. These entities are demonic in origin. Fraudclosure was the sounding of the trumpet that opened up the Book of Revelations. Satan’s alter ego Lucifer is moving to judge and permanently mark all of humanity with its own original sin, fraud and avarice. 9/11 was the breaking of the 7th seal that manifested the spiritual war between good and evil in the physical world.

    These demons in human form, used ritual human sacrifice to conjure up evil abominations of the devil of all

    The Vatican announced they would need to hire a lot of exorcists after the initial financial crisis hit.

    The truth is this evil wants to tattoo everything good, genuine and authentic with the microchip mark of the beast.

    Secret fraudclosure upon our long form U.S. Birth Certificates by swapping out our property titles to our dignity in fraudclosure is the devils work.

    The devil and his alter ego, Lucifer, are wrestling each other for the souls of all of humanity in “fraudclosure.”

    That is evil beyond belief.

  6. When you are left no choice other than to defend your titles in fraudclosure pro se, you are unknowingly and unwittingly being put on the front lines of a mini battle of Armaggedon that is the precursor to an all out WW III.

    That is no doubt, what Judge Atkins of the Cook County Illinois Chancery Court, County Division, meant, when
    he told me in open court one day at
    the beginning of this to “go get an attorney.” To which I responded there aren’t any attorneys willing to fight the fraud your honor. To which he responded, “not even those “free ones” over there?” As he pointed to the table where there was a list of those so called “free attorneys.” I told him, “no your honor.” To which he said “That will be to your peril.”

    He certainly was not kidding.

    When you are defending your title to your property or properties from fraud closure pro se, you are really defending your legal birth rights. Those natural born legal rights are secured by our genuine and authenticated, U.S. long
    form birth certificate. That is the title to your humanity. Therefore, your property title(s)
    are the titles to your individuality and therefore your own personal human

    These investors in their own fraud and forgery, aka “the Bankster’s, are the biggest threat to our Constitutional Republic and our human dignity in recent U.S. history . Our humanity depends
    upon the individual acts and actions of the entire natural born U.S.

    It is a very dangerous “end times” “blood on the doorpost,” type
    scenario, when self appointed rulers are allowed to invest in their own crimes, and fraudulently conceal their true identity hiding from behind the scenes and posing as every entity imaginable to get all of their evil work accomplished.

    These entities are all foreign nationals who work for the Russians.

    That is what they are really trying to fraudulently conceal in fraud closure. They are the secret RPII.

    These entities

  7. And inmy case the ” old trustee” is supposed to be wf but then again if my purported loan was unqualified to be in that trust then we have a bit of a cluster. I can only go with known FACTS. What i do not know and cant proove then they might just have to.

  8. The law firms for the mills crafted documents to fool the court. In my opinion and experience in MY case. It us going to be interesting year for sure, bloody decade if need be.

  9. Neidermeyer
    Game on, keep pushing, its the capacity/ scope of under which they act, who authorized them.

  10. I swear theres a poltergeist in this computer no matter how i try my typing and spelling sucks, sorry.

  11. @Jan Van Eck ,

    “”The bald claim of being an “attorney in fact” is a cute little fraud. And there is an easy way to find out: simply file suit against the “old Trustee” claiming that they recklessly and wantonly, in gross abrogation of their duties and obligations to conduct their affairs as respects your mortgage with prudence, circumspection and probity, made the shysters at Recontrust their attorney-in-fact, without making any effort to ascertain if such authority was being used in a prudent fashion to protect the interests of the homeowner as Grantor of the Mortgage.

    And, to no great surprise, the respondent “old Trustee” will be coming back to court saying “What? Who, me? I didn’t appoint anybody. What are they talking about? I don’t know anything about it!” “”

    The same could be done regarding servicer advances with the “old” TRUSTEE ,,, they are never heard from are they? Yet they would invalidate the default claim if they were involved….

  12. All think about why we cant get headway deafeating MERS as the veil that hides the transactions, what they are DOING with the instrument ( deed of trust, i believe it was dishonored ( the contract) ab initio, now was thAt at signing or before, we need to discover that, i think thats why dates never match because there were so many fingers in the pie it got kinda muddy- well great- we are talking about title here, as in muddy. The banks need to be held accountable for clouding titles so thats just about every bodies title, not just us that were foreclosed upon. Off on a little tangent now but check your credit report details and look at the dates i betcha they never match, see my second loan ( i was put into a 85/15 first money loan) that second lien was on twice by two separate entities the date it was reported was a week before closing and another entity ( they went belly) were taking my PAYMENTS till 2 months after that was already reported as MY debt – guess what im challenging, my credit reports you all should look closer perhaps, leave no stone unturned, its all inter- woven and we will figure this out. Its like the saying yiu ne er get to the bottom of a liar or a theif but ill say this, it usually ends badly- for those kinda people.

  13. The A Man, no need to be an attorney because from what I have experienced and observed, most people including attorneys do not understand the giant scam this is. Unfortunately, some of the attys also have unclean hands as my atty did 3 years in the fed pen for wire fraud related to real estate transactions/closings. He was arrested 3 months after my closing. Really inspiring if you like satire.

  14. No Transparency = Corruption


  15. Louise I am not an attorney Can’t really answer.

  16. Hey, A Man, produce the note means produce the forged note. As to the trustee, if the note and mortgage never made it to the alleged trust, now do we have still another trust in the mix with the addition of the Deed of Trust in a judicial state?

  17. It all boils down to “Produce the Note” or “Proof of Claim” and if not the system is rigged. The Judges prolong the ineviteble and continue to make a salary plus who knows what. Alleged Corruption. Plain and simple. Until Produce the Note (no smart arse remarks) is implemented the corruption (these shinanigans) continues.


  18. Jve
    Your contributions here are appreciated.

  19. Reblogged this on littlefolksblog and commented:
    “Substitution of Trustee” Bank of America declares itself to be the new beneficiary or acting on behalf of the new beneficiary without any court or agency verification of that claim. So in essence BOA is naming itself as both the new beneficiary (mortgagee) and the “Trustee” which is the only protection that the homeowner (“Trustor”). This is a blatant violation of the intent of the the laws of any state allowing nonjudicial foreclosure!”

  20. Focusing only on one small tidbit of the above Article, Neil makes the interesting observation that the “existing Trustee should file an interpleader arguing that it has competing claims…” I would suggest that the reason that the “old Trustee” does not do that is because they have no clue that they are being substituted out.

    What you see happening is that “Recontrust” (and other outfits) show up with what is waved about as an “attorney-in-fact” paper (whatever that means), claiming to be the “attorney in fact” for someone else. I say: rubbish. Those papers are (usually) some broad-brush claim signed by some nobody with dubious credentials (and may not even work there), and on the tail end are, on separate pages, tacked on a list of so-called “Trusts.” Nobody knows anything about how that cute little paper was fabricated, who did it, and if that list of “trusts” was really there when that paper was fashioned. The bald claim of being an “attorney in fact” is a cute little fraud. And there is an easy way to find out: simply file suit against the “old Trustee” claiming that they recklessly and wantonly, in gross abrogation of their duties and obligations to conduct their affairs as respects your mortgage with prudence, circumspection and probity, made the shysters at Recontrust their attorney-in-fact, without making any effort to ascertain if such authority was being used in a prudent fashion to protect the interests of the homeowner as Grantor of the Mortgage.

    And, to no great surprise, the respondent “old Trustee” will be coming back to court saying “What? Who, me? I didn’t appoint anybody. What are they talking about? I don’t know anything about it!”

    “The Play’s the thing, wherein we catch the conscience of the King.” I think Will was on to something.

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