Foreclosure Defense: Most Common Question: Domestic Financial Terrorism

“THE EFFECT ON THE NATION, AND THE EFFECT ON THE NUMBER OF AMERICANS DIRECTLY AND PROFOUNDLY IMPACTED BY THIS FRAUD EXCEEDS THE REACH OF OSAMA BIN LADEN. THE PATRIOTIC THING TO DO IS TO CHALLENGE THE LENDERS, CHALLENGE THE TRUSTEES, CHALLENGE THE COURTS, CHALLENGE THE SHERIFF, CHALLENGE THE TITLE, CHALLENGE THE NOTE, CHALLENGE THE NOTE, FIRING THE AMMUNITION WE HAVE FROM WHEREEVER WE ARE AND NOT NECESSARILY FOLLOWING THE “RULES” (GUERILLA STYLE THE WAY WE DID IN THE REVOLUTIONARY WAR) BECAUSE MAKE NO MISTAKE ABOUT IT, IF THE FINANCIAL SERVICES INDUSTRY SUCCEEDS IN LEAVING BORROWERS HOLDING THE BAG, THE COUNTRY WILL BE TAKEN DOWN MORE NOTCHES THAN IT CAN RECOVER FROM.

THE PATRIOTIC RESPONSE, THE AMERICAN RESPONSE, IS TO BEAT THEM BACK INTO SUBMISSION USING THE EMPOWERMENT OF NUMBERS, THE USE OF CURRENT LAWS AND COMMMON LAW REGARDING THE DUTIES OF “LENDERS”, MORTGAGE BROKERS, TITLE AGENTS, TRUSTEES, LOAN ORIGINATORS, APPRAISERS, THE COURT SYSTEM, THE EXISTING RULES OF EVIDENCE, THE EXISTING RULES OF PROCEDURE, AND THE EXISTING SUBSTANTIVE LAWS GOVERNING THE TRANSFERS OF INTERESSTS IN REAL PROPERTY, THE CREATION AND TRANSFER OF NEGOTIABLE INSTRUMENTS, THE CREATION AND TRANSFER OF SECURITIES, LAWS OF USURY, FRAUD, AND DECEPTIVE BUSINESS AND LENDING PRACTICES. IT’S ALL THERE – USE IT!!!

THE PLAIN FACT IS THAT NON-JUDICIAL FORCLOSURE WAS MEANT FOR UNCONTESTED FORECLOSURES. YOU ARE ENTITLED TO A TRIAL, TO BE HEARD ON THE MERITS, AND YOU ARE ENTITLED TO TRIAL BY JURY. BUT IN NON-JUDICIAL STATES THE BURDEN IS ON YOU TO FILE FOR A TEMPROARY RESTRAIING ORDER AND A LAWSUIT, COPIES OF WHICH ARE ON THE FORMS PAGE OF THE BLOG.

Each state and sometimes each judicial circuit within a state vary, so take this as general information that MUST be checked with local licensed competent counse. By competent counsel I mean someone willing to do a little research after reviewing my answer. Bring or send a copy to him/her.

  • THERE ARE NO GUARANTEES OF SUCCESS HERE, BUT FROM REPORTS WE HAVE RECEIVED, THE STRATEGIES EMPLOYED BY PEOPLE INVENTED ON THE SPOT OR TAKEN FROM THIS BLOG OR OTHER RESOURCES HAVE WORKED VIRTUALLY ALL THE TIME.
  • Neither the sheriff nor anyone else in government actually wants your property vacated.
  • Yet government is being used as a bludgeon against American homeowners resulting in the bailout (payment) of everyone in the process EXCEPT the borrower, despite a dominant method of “lender” operations that included intentional deceit,  theft, and tricking the homeowner into becoming the issuer in a vast securities scheme by which individuals and financial services industries reported huge profits that increased their stock prices by multiples varying from 12 to 20.
  • On the way down they get to write off the lossses at one-time events that are not technically treated as relevant in the earnings per share of each financial institution. 
  • So on the way up the firm reports a false profit of $10 billion, sees an increase in its market value of $150 billion, the smart insiders see a substantial amount of that increase realized in their pockets.
  • On the way down, after the bubble bursts destroying yet another Ponzi scheme, they write off a small fraction of the loss, get bailed out by the Federal Reserve, pay off the investors in mortgage backed securities whom they defrauded, and retain most of their profits.
  • The losses here actually came from financial institutions sucking on their own exhaust and getting to the point where they were inventorying these worthless securities on pools of notes and mortgages that were guaranteed to fail. Worthless securities backed by worthless mortgages and notes.
  • THE EFFECT ON THE NATION, AND THE EFFECT ON THE NUMBER OF AMERICANS DIRECTLY AND PROFOUNDLY IMPACTED BY THIS FRAUD EXCEEDS THE REACH OF OSAMA BIN LADEN. THE PATRIOTIC THING TO DO IS TO CHALLENGE THE LENDERS, CHALLENGE THE TRUSTEES, CHALLENGE THE COURTS, CHALLENGE THE SHERIFF, CHALLENGE THE TITLE, CHALLENGE THE NOTE, CHALLENGE THE NOTE, FIRING THE AMMUNITION WE HAVE FROM WHEREEVER WE ARE AND NOT NECESSARILY FOLLOWING THE “RULES” GUERILLA STYLE THE WAY WE DID IN THE REVOLUTIONARY WAR BECAUSE MAKE NO MISTAKE ABOUT IT, IF THE FINANCIAL SERVICES INDUSTRY SUCCEEDS IN LEAVING BORROWERS HOLDING THE BAG, THE COUNTRY WILL BE TAKEN DOWN MORE NOTCHES THAN IT CAN RECOVER FROM.
  • Comment:
    We are in a pretty urgent state right now. Home was foreclosed on in June & have just now received 5 day notice to vacate. Both my husband & I have been out of work recently due to health issues and so we have nothing to put towards moving or a rental. We also have 3 sons at home, one of which is disabled. Unbelieveably, we are actually looking at being out on the streets! We’ve been advised to file a motion to stay the notice to vacate, (based on financial hardship)but don’t have the necessary form to do so. Can they actually show up & kick us out? What will happen to our belongings if this happens? Will someone please contact us right away to give us some much needed advice? Our 5 days is up tomorrow! What kind of time line are we looking at? Thanks for your help, time & attention with this.

ANSWER:
1. URGENCY: THE MYTH OF URGENCY: Take a deep breath. Things ARE moving and if you do nothing, the end will come sooner than later — and the end will be you moving out of a house that you actually still legally own, as a result of a sham foreclosure, with the appearance of judicial authority which the sheriff eventually enforces. There are many, many things you can do to stay in your home long after the sale is completed. WE HAVE READERS WHO HAVE TURNED BACK THE EVICTION AND ARE STILL IN THIER HOMES 4 MONTHS AFTER SALE, AND SOME WHO OVERTURNED THE SALE, AND WALKED AWAY WITH THEIR TITLE FREE AND CLEAR OF THE MORTGAGE.

2. 5 DAY NOTICE: Part of the procedure not the end. They must sue you in unlawful detainer or eviction and they must sue any tenant that was not previously named in unlawful detainer or eviction, although I am not telling you to create a back-dated tenancy to give yourself another 30 days to get your act together.

3. If you file bankruptcy, it is the opinion of many attorneys that the schedules should be filed showing the house as YOUR asset even if the sale has occurred, but without a value stated (unknown). Also the “lender” should be named as an unsecured creditor for an undetermined amount that is in dispute.

This way, the automatic stay is issued by the Federal Bankruptcy Court (immediately upon filing the BKR petition) and which stops sale, eviction or anything else they are pursuing against you. Filing the schedules properly and forcing the creditor into an adversary proceeding changes the game — the normal rubber stamp removal of the stay is avoided and kicked into an evidentiary hearing, where the “lender” or “servicer” must prove their right to foreclose  despite your defenses of payment, fraud, TILA violations etc.

From FAQ: I have received a five day notice. Do I have to leave?

QUESTION: I have received a five day notice. Do I have to leave?

ANSWER: Technically the answer would be yes, you are being ordered to leave. As a practical matter however, there are several procedural steps that the Trustee or “lender” must take before they can actually remove you from the premises. And of course in most cases, it is my belief that the Trustee or “lender” doesn’t have the authority to tell you to leave because they didn’t have the authority to foreclose your property in the first place. I have seen people delay the process for many months by entering into negotiations for cash for keys, or some other deal. Also there are filings you can make in court contesting the unlawful detainer or eviction action which might include an emergency petition to stay the proceedings because the sale of your property was improper, a sham, and constituted theft of your property (because the lender had already been paid by a third party, etc.). Motions for stay are not usually granted unless you also file an actual claim against the Trustee or lender for your TILA and other claims.

You might be faced with a demand for bond, which sometimes is zero and sometimes is as much as $10,000, but upon payment of a fee you can possibly make arrangements with a fidelity bond company to put the money up.

And there is always the bankruptcy route which if done properly, might challenge the Trustee or lender very effectively, particularly if you show the house as YOUR asset, based upon a disputed claim (and therefore of unknown value) and you show the “lender” has an unsecured creditor for an unliquidated amount that is in dispute.

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