Continue Reading: "It Is Always The Innocents
The first document or instrument that will be "recorded" if you purchased your home with the money from the loan that is being foreclosed on will be your Warranty Deed. The Deed. This is what gives you standing to be in court to defend your legal description (your house) from attacks by Imposters and Fictitious Payees (these are correct legal terms from UCC-3). The most famous active today is the infamous US Bank N.A. as trustee for...
US Bank has done more foreclosure under that name than probably anyone. The Trustee of a REMIC trust cannot foreclose because it owns no interest in any debt. That comes straight from the US Bank N.A. Trust pamphlet.
Back to the Deed. If your loan was a refinance, you already have the Deed to your property from the purchase loan and you have Standing to protect your home from Imposters and Fictitious Payees.
The next recorded item in order at your recorder's office regarding your legal description will be the loan security agreement. The will be a Deed of Trust (or similar name) in non-judicial foreclosure states and it will be a "Mortgage" in the Judicial Foreclosure States. Don't worry about the reason for the two names. We should all be calling this instrument a "security agreement". That is all it is, just the agreement made by the Borrower and Lender about what will ensure that the lender will get paid.
It is worthless for any other purpose and it does not need to be assigned because it goes wherever the Promissory Note goes and it has no value. The security has only one purpose for two possible outcomes. It is the guideline or rulebook concerning what happens when you pay off your loan (your debt), and it also must be consulted if you cannot pay off your debt. This paragraph eliminates all discussion of MERS. So I will not discuss MERS except to say it was invented and created by Wall Street to blow dust in your eyes.
This brings us to the next and probably most critical item which will be discussed in your court case but it is actually a fraudulently recorded instrument at the county recorder's office. It is called the ASSIGNMENT OF THE MORTGAGE, or the ASSIGNMENT OF THE DEED OF TRUST. This is very confusing unless you just accept the Unbelievable is true for this con-game. See my ARTICLE Click Below. Get Help With Your Case
LET'S ALL JUST TAKE THREE STEPS BACK FROM CRAZY! THAT IS RULE #1-- WHEN FIGHTING MORTGAGE FRAUD:
More than 30 million foreclosures have taken place with no more proof of ownership of your debt than the Imposters and Fictitious Payees claim that they were ASSIGNED YOUR MORTGAGE or DEED OF TRUST. This is not true. The United States Supreme Court established this fact in 1872 in a landmark case called Carpenter v Longan. If you have been paying attention since the beginning of the Kavanaugh arguments for appointing him to the Supreme Court. Settled law is a ruling by the Supreme Court that has been in place for a very long time with no revisit by the court. 1872 rulings would certainly be "settled law". Recording an assignment of a mortgage is wrong to do. Using that assignment as your claim of owning the debt of the Borrower is criminal fraud.
If you are reading this article you were swindled by an assignment of the security instrument. You need to figure that out. But, forget your treasure hunt for your Promissory Note. First of all, it is not your burden to find it. Secondly, UCC-9 clearly tells us that the "possession of the Promissory Note is NOT proof of the ownership of the debt".
If you find your Promissory Note (which you won't) all you will have done is to provide an admission that you believe in your Note. The attorneys for the other side (who you should not worry about) will have a heydey trying to confuse you and any honest judge (which you will not find) who may be presiding over your case.
Now let us reason why a docket of your case could be as long as, let's say mine, which is April of 2015 until right this moment and it has 117 filings in it.
Should a court case take that long? No.
If your judge did his job (you wouldn't be reading this article if he had) your case should not last two weeks. Do you want to know why?
Because your judge did not do his job. He has violated his oath to defend the constitutional civil rights of every party and, in fact, to defend the constitution itself.
The Imposters and Fictitious Payees are called those names because they don't have Standing to collect money from you or foreclose. In order to do have Standing, they had to state very clearly in the very first thing that they wrote and filed into the docket that they had suffered an injury that was factual and that they had already proved in their first writing using concrete and particularized and that this evidence also proved that it was you Mr. or Mrs. Borrower that had injured them.
It was never your burden to prove that you were defrauded. It was the Foreclosing Party that had the burden to prove that they had not committed fraud.
The Final Burden in your court was on the judge. Before he did anything to move your case along he had to read what the liars wrote and find that their evidence was concrete and particularized and that they had constitutional standing to drag your ass into court and make you give them your house.
Your judge and most judges didn't do that and that sent you into a panic to prove something that you were protected from having to do. Your judge is the culprit. He committed the crime. Hell, the Imposters and Fictitious Payees don't actually exist in most cases. Forget all of the bit players. Your judge was the only person in the room who was responsible for everything that happened in every court case. Harry Truman famously was quoted as saying, "How many times do you have to get hit over the head until you figure out who’s hitting you".
The Founding Fathers predicted what judges would do if they developed unchecked power. They put the remedy into the Constitution in Article III and it has been clearly defined by the US Supreme Court. This isn't a debate, it is "settled law".
Raise your hands, how many of you have attorneys that recommended you accuse your Judge of Deprivation of Civil Rights? Your civil rights. I don't have to look at your hands. None of your attorneys insisted you attack the only person who could have swindled you, or help someone else swindle you. How many times do you need to be hit in the head?
The reason I am quitting is that the above is all there is. The Borrower between 2009 and 2018 didn't fight it like you guys all are. You are looking for the Ahah! moment. There is no silver bullet. See another Article by me Click Below Get Help With Your Case
I can't teach you this. You want to write to someone and complain. There is no one to write to. There aren't even any regulations. Those were repealed in 1999. We have been without regulation on Wall Street and Finance for 21 Years. If there are no regulations then there is nothing for regulators to do. Therefore, there are no regulators. If you think I am wrong research and please correct me. If we had known the bad judging part back then, nobody would have lost a house wrongly. I am going to use the above and concentrate on winning my own 5 cases. If I do that I will set the precedent that I was hoping to do with 10 widespread cases. That might help me. It won't be enough to help you.
I will work with less. I hope to go back to helping others at that time.
I will probably write some here. Just depends on time and money. I hope to.
Don't fight this article. If something sounds simple, then the framers wrote it into law. If it sounds impossibly difficult and circuitous they didn't. If you want to know that for yourself read The Federalist Papers. That's what I did. In 2012.
Danny Hammond Go Back To The Beginning of This Article