The Truth about US Bank

Lawyers and pro se litigants continue to ignore the basics when mounting a challenge to foreclosures in which US Bank is asserted to be a trustee of a name that is then treated as though it was trust or REMIC Trust. If you look closely, the name is word salad, containing references or names to several named entities and other categories of entities.
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 A typical presentation asserts no presence of US Bank in its individual capacity, so the institutional implication is false. It is appearing strictly in a representative capacity and an court award of costs against the “claimant” would not, according to US Bank, attach liability to US Bank but to rather whoever was being represented by US Bank “as trustee.” On that we have word salad presenting many options such as
  1. US Bank, as trustee
  2. as successor to Bank of America, as trustee
  3. as successor by merger to LaSalle Bank, as trustee
  4. for the holders of certificates entitled
  5. XYZ Corp.
  6. Mortgage pass through Certificates series 200x-a1

If anyone can tell me  from that description who would be liable for costs I applaud them. But I can tell you who would pay the costs regardless of actual legal liability. It would be a company claiming to be an authorized servicer who in fact is getting the money from the investment bank through conduits.

The issue of what if anything was transferred between LaSalle Bank and Bank of AMerica and thus what if anything was transferred between Bank of America and US Bank has actually not been litigated.

My answer is that LaSalle Bank had no duties as trustee, was subjected to the impact of three mergers — ABN AMRO, Citi and Bank of America — and that a trustee only exists for a legally existing trust in which the subject matter (Loan) was entrusted to the trustee for administration of the active affairs of the “trust.” With none of those elements present, nothing could have been transferred.

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As to U.S. Bank, Deutsch, BONY etc. there are two categories that must be considered. If US Bank is named in a Pooling and Servicing agreement then the reasons for its non existence (or more specifically lack of legal presence in court or any other foreclosure proceeding) in fact and at law remain as previously stated in prior articles —- but exclude one central issue that has not been litigated.
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If US Bank has been asserted as successor to another alleged trustee then all sorts of other issues pop up. The main one that has not been litigated is whether the position of trustee can be transferred or sold like a commodity without consent of the beneficiaries or some other authorized party.
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In truth the only real “beneficiary” would be the investment bank — if only the trust legally existed. And in truth the investment bank indemnified US Bank from liability in exchange for the use of the US Bank name to create the illusion of institutional involvement.
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And in truth the only real party in interest is the investment bank, and if the trust actually existed the investment bank would be the only real beneficiary in an arrangement in which the trust name is used as a shield or sham conduit to hold bare naked legal title to paper that fabricates the illusion of debt ownership, much like MERS.
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And of course the whole use of the term “successor” is constantly used to distract lawyers, judges and homeowners from the fact that the previous party had no interest or right to administer, own, or enforce the subject debt, note or mortgage — unless they are able to produce authorization from the investment bank.
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But the investment banks have been loath to even hint that they could or would issues such authorization because that would be an admission that they were or are the real party in interest — an admission which probably would subject them to many levels of liability for fraud and statutory violations.
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It may well be that the pursuit of court costs and discovery available to do that might be the achilles heel of this house of imaginary cards. It would reveal the absence of any party to pay them, which would reveal the absence of a claimant, which would reveal the absence of a claim which would reveal the absence of a client, which would reveal false representations by the foreclosure mill.

15 Responses

  1. @thecompanyofcreators…

    with all due respect, sir or madam, you are insane, or are bipolar or have a similar mental malfunction. you have a severe case of digital diarrhea. your post rambles on for 1,186 words. the only people i know that ramble on like that with inanities are bipolars. your legal arguments are preposterous. you need to get back on your meds, or get different meds, or get off the meth.

  2. OK ONE MORE TIME…. Who here or anywhere will testify that they received something of substance or value in their hand, their bank account or someone acting on their behalf (seller) BEFORE they signed and delivered the Note and DOT/Mortgage???? Anyone? Anywhere? Someone know someone who knows someone who “received” something of substance or value to “return”???? Didn’t think so!!
    Thus the Note is a fraud, Void… the “condition precedent” (the condition the “promise to pay” is reliant upon is “In return for a loan I have received” .. yet not one of you or them can or will testify or shoe evidence of anything of substance or value being given or “received” to return. !!!!!!!
    So let’s get this straight, NO one will testify as to anything being given or received, there is no accounting that shows anything given or received except the deposit of the Note into an account (one does not “deposit” a negative”) and once the distribution of funds was made the balance of both sides of the account were Zero, done, transaction complete. All the rest is fraud, fabrication, lies. (I kept wondering why people who fought early on tended to win more than those who had paid faithfully for many years… then I realized it is because every time one makes a payment one is verifying that there is a requirement to pay.. adhesion contract I think they call it.
    Why is this so important? Because once you get this point all the rest falls into place. You realize you are actually a creditor of the United States which is a corporation created to take on the national debt from the revolutionary war and the people are the creditors and when we sign any instrument we are signing as creditors requesting some of our credit to be converted into spendable funds (currency… US currency “obligations of the United States”) This is why Secret Service got what I was asking and had no choice but to agree and then say “I can’t believe the judges aren’t catching it” and then when realizing it was nation wide simply said “this is too bug for us” Basically saying that the criminals were to big for the Secret Service to go after. (dereliction of duty and mandated original purpose for which is was chartered).
    Knowing this is so very important because then you will come up with a long game of chess with the corrupted courts to expose or reveal that the truth of the matter will be exposed and cause the other fake party to negotiate a settlement. for every fraudclosure there should be at least one case with several federal and state charges and a valid came for invasion of private affairs by non interested parties, forgeries, Uttering and Passing, Securities fraud, fraud upon the court etc etc.
    You have to “Trump” them with a slow play strategy to “box them in”
    The case I won was won by the grace of Creator who handed it to me by various miracles. In the end the State Supreme Court and all nine judges granted the other party (a SUSPENDED CORPORATION) motion to dismiss my reconsideration. I got mad and did an “in the alternative” being entitled to a “Declaratory Judgement” (putting the definition and requirements of it right there) and that this court and the nine judges thereof are no longer going to abide by OS 1212 a, b and c and (here is the leverage.. the thing that they will not do that forced them into taking original jurisdiction, doing a writ of mandamus and vacating all the unauthorized orders of the judge I was going against)
    the previous five cases (I listed them) in which this court did abide by OS 1212 a, b and c, are hereby overturned.
    BOOM, BANG, KABOOM…. Fastest return mail I ever got from any court, 3 days. (Usually it is like two weeks so there is no time to read and reply.. which is evidence of tampering with official documents.. more crimes, mail fraud etc.) Which is why we must go to the court and case record every day and see what is posted and get a copy sent immediately while the copy that is supposed to be sent to you is still sitting on the out box on purpose. BTW this is why the non real stamp which is then date stamped by the post office, you know the read printed stamp which any business can purchase, stamp the envelope and it never gets a true time or date stamp by the Post office … sorry Postal service….. more RICO….
    So what caused them to do all that? The leverage of it costing them far more. In other words the loss on the bonds and derivatives and insurance and all the other schemes made on the fraudclosure itself was far less than the loss of the bonds, insurance, payoffs, retirement funds payments, derivatives and insurance on those et al was far greater so they finally did as the law requires and had required all along.
    So, knowing the real truth and then creating many traps within traps and “boxing them in” to force them to abide by the law as written, is the only way to win. Make it so that “when corruption is without profit it will cease”. Think strategy!!! I can tell you that if you have no “strategy” to win, you have already defeated yourself. This is war!!! and you better have strategies to win, be prepared, know it is several criminal enterprises working in harmony to deprive you of your rights, property and even your life (I’ve had three friends taken out (murdered) because they won or were exposing the truth and they have tried two hits on me and for the grace of Holy Spirit I was not where they thought I would be. Praise Creator!! Oh and if you are not praying first repenting for being so single minded and not studied before signing… then you are probably toast.

    HOWEVER, solving your problem does not solve THE problems!!! My win did not help anyone else and it cost me far more than the value of the building and land!! But I did create a record (always get stamped copies of everything often because we have caught them removing and adding stuff into the record. They tell you they must have the original … nope I keep the original safe and discriminate copies in several other save places with instructions should anything befall me or my records.
    Ultimately, we the people must take charge of our agents pretending to hold an office of public trust and enforce our laws they are subject to (we are not!! we are Kings without subjects and definitely not subjects so that is the first step is to wake up and know you are not a creation or a subject of “any Form of Government which becomes destructive of these ends” because “it is the right of the people to alter or abolish it…” Yes, if we are unable to find honorable people to fill these postilions then we must abolish the position until such time as someone honorable and able to pass the required testing is found.
    Start thinking like an “American” instead of an “American’t” and act like your fellow country man is worthy of your time and effort. In other words when you take time, energy and effort to secure your neighbors rights you secure your own!!! How many of you have gone to court, helped, write, stigmatized, counseled, assembled, gone to court as a “lawful witness” (got case of code violation dropped just by showing up with legal pads (only two people, “by the witness of two … treason”..) and objected to the unlawful (warrant-less search and seizure) at the entrance to the public place (court) and got the Sheriff to deal with us and when asked why we were here answered that we were “lawful witnesses” and educated him as to why he was actually their and is liable directly to the people) hummm? When? Are people going to court by themselves? One sheep going baaaaa in the wolves den????
    When was the last time a corrupt judge was tared and feathered by a mob of pissed people for their criminal activities?? When did you get together and bring a mass action against the corporate court for breach and RICO??? I get calls all the time from all over the world and it is invariably one individual (even with a family) who decides that it is wrong and is willing to fight but seldom do even they lift a finger for anyone else in the same situation.
    When there is injustice anywhere in this country it is all of our business!!!!! Because we are technically the creators of this government and as the Principles we are liable for what our agents do and fail to do as required and relied upon.
    This is why Trump had to make this country strong economically first so we come from a postilion of strength and now slowly educating the people to the corruption we have known about for 50 years.
    One more time… “When corruption is without profit it will cease along with its influence” So let us collectively plan and institute strategies that expose them and then prosecute them ourselves when those we hired to prosecute fail to do so and then go after them for breach of duty too and when all that is not enough then get a grand jury together and prosecute them for treason, embezzling the office, corruption, collusion (see 18 USC 241) Uttering and Passing (18 USC 471-474) and if all else fails at least what Shiffty Shiff and others can be charged with who have knowledge of or claim to have “knowledge of crime or crimes cognizable of a court of the United States” (18 USC 4).
    How many have filed an affidavit stating that there has been a mistake that in fact nothing of substance or value was received to return? Or any such thing? Or required someone like the “custodian(s)” of the valuable instruments be called to testify and even produce documents alleged to exist in fact? After all a painting or any other item, old coin, collectors stamp or anything worth over $100,000.00 would have all sorts of forensics experts, authentication as to authenticity, damage, actual value and even a whole report done on it. Did not an “appraisal” of the property take place to verify the value of the res? So it is more than reasonable that the alleged Note Holder be verified as to just what they are actually holding and the value thereof and the proper chain of title? Common sense! Not so common? If you are using only on brain cell for whatever reason then go and get a few other people with brain cells still functioning and collectively you will be far more effective.
    After all what is the harm in verifying things, witnessing, making record, objecting in huge numbers. Get your neighbors to go to the Sheriffs office and educate him in his job and just what you expect him/her to do and remind them that they have power of Posse Comitatus, to deputize the people to create a shield, or arrest the criminals including judges!! Why do the people have deputies in every court room? To in sure our rights. But instead because we the people have no caused them to know our purpose for that office, act like the handmaiden of the traitor in a Black robe. Notice too that it is only the Sheriffs office that can do evictions, serve papers etc… why?? So perhaps get an honorable and properly educated man/woman in that office who with the aid of the people/posse simply arrest all of them and then require them to prove their innocence while they rot in jail without resources. Confiscate their accounts so they are without funding of corruption and no more influence. (Yea, read one of the early Presidents orders.. at least someone is listening!!)
    Blessings to all who care and do…

  3. Thanks for the nod, Papergate! Best to you.

  4. And Bob is 100% right. This is likely the Fed operating in the name of any dead OR live bank. The fact that the judges got the word “nobody wins” early on supports that theory. And there ARE plenty of hedge fund/investor/claim-jumpin’ debt collectors willing to forge anything it takes to get the house through the courts.

  5. A typical US Bank foreclosure…..

    MORTGAGE FORECLOSURE SALE
    Default having being made in the payment of the indebtedness secured by that certain mortgage dated October 27, 2001 executed by XX., Single, in favor of Jim Walter Homes, Inc., said Mortgage being recorded January 8, 2002, in Mortgage Book 319, Page 173, in the Office of the Judge of Probate of Bullock County, Alabama; having later been assigned to U.S. Bank, N.A., as Trustee, successor in interest to Wachovia Bank, National Association, as Trustee, successor by merger to First Union National Bank as Trustee, for Mid-State Trust X by instrument recorded in Mortgage Book 397, Page 199, in the Office of the Judge of Probate of Bullock County, Alabama. Said default continues and notice is hereby given that the undersigned, U.S. Bank, N.A., as Trustee, successor in interest to Wachovia Bank, National Association, as Trustee, successor by merger to First Union National Bank as Trustee, for Mid-State Trust X by Ditech Financial LLC as servicer with delegated authority, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash at the main entrance to the County Courthouse,

  6. In my opinion, your post is palpable nonsense. how about you try out your theories in your case, with your money, and let us know how it worked out for you.

  7. you missed the other half. “First there must be a “transfer” not an “assignment”. One can not “assign” duty or responsibility to another unless they are an agent or employee obligated to do as they are assigned. Thus the duties “transferred must be accepted” otherwise it is in violation of the 13th Amendment “involuntary servitude”. and they must be qualified to be able to be liable, responsible for their actions in regards to the trust (qualified, Bond etc)
    So who will testify as to the transfer and acceptance of the instruments and the duties, when was the transfer of documents and duties done, where did it take place, any witnesses? and think about the custodian….. donor… by the way in most of the REMIC’s the “Donor” is liable for any discrepancies of the papers so why is anyone else other than the Donor doing a fraudclosure?/ No authority was ever granted in the Trust documents!! Oh but wait according to the DOT only the “Lender” can foreclose “at its’ option”. No provision for anyone else … so where do they get the “authority” to take any action in regards to a foreclosure? Are they acting on behalf of the “lender”? If so then where is their “POWER OF ATTORNEY” to grant power to transfer, amend, negotiate, or settle the matter. This is why the first action one must do is my “offer to pay”. (not just an “offer to pay”) Which defeats their entire process in an instant. No controversy no jurisdiction!
    The problem with attorneys is that they just can’t get away from thinking profit, making a situation make money for them. So the truth is hidden from the people who are without funds and then it is a crap shoot as to what attorney has the right information and knows how to use it in your favor. Unfortunately Attorneys use crime and the law to get paid. No crime no pay for attorneys. Let that sink in for a minute. Harming your neighbor/neighbor etc is a crime which creates a “cause for action” by a court because you could not reach a settlement with your adversary.
    “No need to waist the courts precious time” (their excuse for skipping due process) Considering I have made an offer to pay and settle the matter in full”.
    Now who is authorized to accept my offer to pay????? ???? and settle the matter of the nonexistent “Loan” the giving of something of substance and value with the expectation of RETURNING that which was given in kind (same of similar of equal value) So what was it that was given so that I might return it??? ????
    Getting the picture?
    Who? Who is the claimant and what is the claim? Who is authorized and who authorized them?
    It’s not about the foreclosure it is about who and what to settle with and what needs to be settled out of court. (See UCC 3 offer refused discharges the alleged debt) Thus you have a right and so does the actual party of possible loss for nonpayment (friend of the court) to know that you are paying the proper party authorized to accept payment and settle. (see UCC 3 again for the fact that if you pay the wrong party it does not count) Of course you can offer to make the Judge the trustee and liable party (bond) for any mistakes made or payment to the wrong party. (this is a good time to make a bonafide claim to the property since you are the only one who can show you gave consideration (the Note and the Deed of Trust or Mortgage document as security for the amount loaned… to be returned.
    Remember you cannot “return” that which you were never given. If they did give you something of substance and value before you gave the Note then why are they unable to show the substance and value and accounting of the actual source of those funds which came from them to be returned. “Condition precedent” “In return for a loan I have received, I promise to pay” and you did with the note which they deposited as a credit instrument not as a debt instrument…. so it is clear that you gave something deposit-able, when and how much did they deposit into an account from which certified funds was drawn to give to you with the expectation of its return or same in value??
    After all if this is not the party in interest then that means there is a true party in interest entitled to being returned. so if I pay these unverified and unwilling to testify under oath as to the validity of the alleged “giving” “transfer” of funds in exchange for the instruments, then the true party in interest will still be unpaid and the court/judge must be willing to bond his order just in case the true party in interest shows up with a valid verifiable claim.
    No different than having a proper birth certificate to prove your age and that you are in fact have a father who is a citizen to be eligible to hold the office of commander in chief of the military forces, namely the office of president! (see intent, purpose and definition at that time when instituted of “natural born Citizen”)
    It’s all Uttering and Passing of counterfeit instruments (see 18 USC 471-474) and the court accepting counterfeit instruments (criminal) and then acting as a “debt collector” without a license! (i called Secret Service (original mandate was to counter counterfeiting of securities and currency (obligations of the United States) and they agreed that the judges were in fact engaging in criminal acts but could not understand “why the judges are not catching it”.. “because they are in on it” …”?1?#* this is nation wide”.. “actually it is world wide”… “oh that is too big for us”.

    We need legislation that requires all those holding any office of public trust or profit to be periodically tested as to their competency to hold such office and their Knowledge, Understanding and Accurate Use of the Principles expressed by the Perpetual, Irrevocable, Express Trust of the people known as the “Unanimous Declaration of the thirteen united States of America”, The “Constitution for the United States of America” (the subordinate trust and the corporate charter of the corporate “United States”)
    Remember that since there is no longer any actual “gold or silver coin for the payment of debts” and no silver or gold coin was “received” then it is mere “currency” or “obligations of the United States” Thus the United States is being defrauded… crimes. So the courts, and the judges thereof and the attorneys (members of the same private monopoly BAR Association, a socialist organization according to congress) are colluding in the theft of property and obligations of the United States…. Crimes…(see 18 USC 4)

    Blessings everyone and hope this helps. By the way I am looking for a “legal assistant writer” or someone who can take dictation and knows the formatting of legal documents, motions etc. find me (truthmonger6 at the gmail.com place)

  8. This case by usedkarguy is an excellent case to study. Thanks usedkarguy!

    usedkarguy, on June 15, 2019 at 11:24 pm said:

    https://www.theindianalawyer.com/articles/50574-reversal-delay-unreasonable-delay-in-invoking-mortgage-acceleration-clause

  9. All right here. This is good. Start with Deadly Clear – yes – but only as to securities – and they are dead. Only tranches remaining are for foreclosure purposes, and government doesn’t foreclose. Next, Bob G is correct – the loans are not owned by security investors – they never were. Yes – unregulated hedge funds , private equity , distressed debt buyers , and often the servicers themselves , own the distressed debt . ALL treated as distressed debt from origination. ALL derived from GSEs. ALL – or mostly all – not in default at claimed origination ALL are hidden as to actual owner – from day borrower signed , This is limited to any non bank origination Back to Deadly Clear – investors only invested in current cash flows. That is all securitization ever is. But no sympathy for pension funds. Yes – screwed – but why in heck were they’ investing in “alternative loan investments “ knowing that the high rates charged were burdened upon ordinary Americans without the ability to sustain the possible 13 to 15 % rate hike ? Pension funds must abide by due diligence. No due diligence here!! It is why pension funds going to kill our states. Cannot be sustained without these high rates of return. Corporations figured this out a long time ago The government ? Where the heck were you , and what were you really thinking ? Happy Fathers Day to all. Family children or not – we all have a role in our Country’s children. The children are all our children. It may take another ten years for all to surface, but surface it will. Thank you

  10. Here’s one for the borrowers out of Indiana..
    Statute of Limitations problems….
    Kinda like New York eh Bob?

    https://www.theindianalawyer.com/articles/50574-reversal-delay-unreasonable-delay-in-invoking-mortgage-acceleration-clause

  11. i must take issue with some of this. NG is stuck on the real party in interest being “an investment bank.”

    not true. there are all kinds of folks hiding behind the curtain, such as: servicers, private equity funds, hedge funds, titling trusts, real estate investment trusts, bottom feeding LLC investors, etc., etc.

    additionally, if the Fed Reserve bought several trillion dollars worth of MBS, i.e., certificates, wouldn’t the Fed demand ownership and possession of the underlying notes as well? what good are the certificates without the notes and mortgages allowing the Fed or its agents the ability to foreclose on the collateral?

  12. I’m seeing this A LOT

  13. IMHO The only real party would be a GSE or the US Treasury. The Bailouts cured all the other folks… except pension fund beneficiaries – because they got intentionally screwed right along with homeowners.

  14. […] Source: The Truth about US Bank […]

  15. Unfortunately, in Ohio, the Courts have taken a rather odd approach to what should be standard questions of who is the Plaintiff, who is the holder of the note, and who has a right to collect. The Ohio Courts gloss over these issues by stating that the debtor has no right to challenge an assignment of the debt.

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