Forgery! Now You’ve Got Them, Or Do You?

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Editor’s Analysis: First of all hats off to April Charney, http://www.nakedcapitalism.com and Yves Smith for the article on Forgery (see link below) James M. Kelley as a forensic document examiner — outstanding work!

This is one of the places where the rubber meets the road, but before you start celebrating take a deep breath: proof of forgery will NOT necessarily stop delay or alter the foreclosure. That is why I start with questioning the monetary transactions before I introduce the document deficiencies, fabrications and forgeries.

You have to put yourself in the Judge’s seat (or more properly, bench). A simple example will suffice to make my point. Suppose I loaned you $100 and you didn’t pay it back the way we agreed. Later I sue you and produce a promissory note you know you never signed but it looks like your signature, but you’ve admitted you owe the $100 and you admit you defaulted. Under those circumstances your evidence of forgery might be excluded from evidence -– because it is already established you owe the money and defaulted. In fact it should be excluded because it is no longer relevant to the proceedings. The debt is not the not — and vica versa.

The note is only evidence of the debt and taking that out of the equation still leaves the admissions, presumptions and witnesses by which the authenticity of the debt and default have already been taken as agreed and irrefutable. Some people look askance as Judges who apply the rules of evidence and accuse them of stupidity or dishonesty. But the truth is the forged fabricated note is at most corroborative evidence of something that is no longer a material issue of fact in dispute. The Judge has little choice but to rule in favor of the forecloser at that point. Hence, we keep pounding on DENY AND DISCOVER.

If you are filing the lawsuit you should, along with the initial summons and and complaint, file whatever discovery requests you have at the same time which all amount to “who are you, what are you doing here, why are you seeking collection of this debt, and by what authority.

Admitting the debt, note, mortgage etc can be either direct (“I admit that”) or indirect/tacit (“I understand what you are saying Judge but there is ample evidence of skullduggery here”). In most cases, either one is enough, especially with a Judge who is already assuming that the bank wouldn’t be there if there was no debt, note and mortgage and the presence of a default.

The borrower, who knows they did get money on loan, knows they did sign papers and knows they didn’t pay, naturally assumes that it is pointless to deny the basic elements of the foreclosure — the debt between the borrower and the forecloser, the note, which is evidence of the debt, and the mortgage, assignments and other instruments used by the banks to get you pointed in the wrong direction. AND THAT is where the defense goes off the deep end every time there is a “bad” decision.

The Judge is going to be looking for admissions by the borrower (not the forecloser) because of a very natural presumption that at one time was a perfectly reasonable assumption — that the bank would not waste time and money enforcing a debt that didn’t exist and a note that was never valid, nor a mortgage that was never perfected.

And the Judge is going to see any avoidance of enforcement on the basis of paperwork as a tacit admission that the debt is real, the default is real, and the note and mortgage were properly executed under proper circumstances —- because that is what banks do! Maybe it isn’t “fair” but it is perfectly understandable why we encountered a mindset that treated borrowers as lunatics when they first came up with the notion that the paperwork was missing, lost, fabricated, forged, robo-signed etc.

The study by Katherine Ann Porter, the San Francisco study and the studies in Massachusetts and Maryland and Massachusetts all point to a credit bid being submitted at foreclosure auction by a party who wasn’t a creditor at all. The San Francisco study said 65% of the credit bidders were strangers to the transaction and strange is the word to use in court. Did it change anything? No!

So where does that leave you? In order to be able to show the relevance of the forgery or fabrication you must attack the debt itself. Where would I be if I sued you on the $100 loan, produced a fabricated, forged note and you DIDN’T admit the debt or the default. The burden falls back on me to prove I gave you the $100.

What if I didn’t give you the $100 but I know someone else did. That doesn’t give me standing to sue you because I am not injured party. Can any of you state with certainty that the loan money you received came from the originator disclosed on the TILA, settlement and closing documents? Probably not because the ONLY way you would know that is if you had seen the actual wire transfer receipt and the wire transfer instructions.

Thus if you don’t know that to be true — that the originator in your mortgage loan was funded by the originator and was not a table-funded loan (which accounts for about 95%-96% of all loans during the mortgage meltdown), why would you admit it, tacitly, directly or any other way?

As a defense posture the first rule is to deny that which you know is untrue and to deny based upon lack of information or deny based upon facts and theory that are contrary to the assertions of the forecloser. Deny the debt. THAT automatically means the note can’t be evidence of anything real, because the note refers to a loan between the originator and the borrower where the borrower unknowingly received the money from a third or fourth party (table funded loan, branded “predatory” by TILA and reg Z).

Your defense is simply “we don’t know these people and we don’t know the debt they are claiming. We were induced to sign papers that withheld vital information about the party with whom I was doing business and left me with corrupt title. The transaction referred to in the note, mortgage, assignments, allonges etc. was never completed. The fact that we received a loan from someone else does not empower this forecloser to enforce the debt of a third party with whom they have had no contact or privity.”

THEN HAMMER THEM WITH THE FORGERY BUT USE SOMEONE AS GOOD AS KELLEY TO DO IT. WATCH OUT FOR CHARLATANS WHO CAN CONVINCE YOU BUT NOT THE COURT. THUS THE DEFICIENT DOCUMENTS CORROBORATE YOUR MAIN DEFENSE RATHER THAN SERVE AS THE CORE OF IT.

Practice Pointer: At this point either opposing counsel or the Judge will ask some questions like who DID give the loan or what proof do you have. If you are at the stage of a motion to dismiss or motion for summary judgment, your answer should be, if you set up case correctly and you have outstanding discovery, that those are evidential questions that require production of witnesses, testimony, documents and cross examination. Since the present hearing is not a trial or evidential hearing and was not noticed as such you are unprepared to present the entire case.

The issues on a motion to dismiss are solely that of the pleadings. At a Motion for Summary Judgment, it is the pleadings plus an affidavit. Submit several affidavits and the Judge will have little choice but to deny the forecloser’s motion for summary judgment.

Attack their affidavit as not being on personal knowledge (voir dire) and if you are successful all that is left is YOUR motion for summary judgment and affidavits which leaves the Judge with little choice but to enter Summary Final Judgment in favor of the homeowner as to this forecloser.

http://www.nakedcapitalism.com/2013/02/expert-witnesses-starting-to-take-on-forgeries-in-foreclosures.html

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62 Responses

  1. Ray Shelton, on December 19, 2013 at 12:20 am said:

    US Bank and SN Servicing has submitted Forged documents in our federal bankruptcy case too and we will never stop perusing them in court for damages. We are also asking our Federal judge to prosecute their current attorney out of Jacksonville Florida who continued to defend this case knowing that forged document are before a federal court. All the offending parties at SN Servicing and their attorneys are committing a serious crime against our country. We have filed a formal complaint with the FBI and the US attorney general and many great Judges all across this nation are finally stopping them from this kind of fraud on American families. US Bank and SN servicing and their attorneys are also violating a serious consent order that was to protect the people from these crimes but they could care less. Please feel free to have your clients join a class action suit so that we can end their behavior with a multi billion dollar punitive damage suit. Join us, call Ray Shelton in Florida at 352 274 8467

  2. I have been fighting Deutsche Bank for 2 1/2 years. I did not even know they existed until a foreclosure. I THOUGHT I had a loan with AND a loan modification with JP Morgan Chase. Surprise — Chase was not sending my payments to Deutsche for 9 months and they foreclosed. So I have significant counter claims on DB and now since we actually have some discovery and found all of the popular robo-signer’s names as well as improper assignments and allonges — we have cross claims against Chase.

    Fortunately, over the years I came to understand much of the legal system and have an attorney who is willing to learn and work with me. I am in KS and no one here in 2009 understood what was happening. So with hundreds of hours of research and 1000′s of docs we are making headway. DB has now changed attorneys from the foreclosure mill to a more professional firm.

    Although we were in the TPP program, Chase never documented it, just made verbal promises and committments. At first I thought we will never prove it — but it seems that had we signed it like many they would have then said- “We told you, see in the document that we do not have to give you a permanent mod”. But in my case they just continued to promise verbally. Even continued to say they owned the loan, even after DB started a foreclosure.

    So who knows what will happen. But I feel better about it now than 2 years ago.

    The sad thing is that Obama and all of his minions promised help. BUT as we all know there was no help. Settlements that helped no one except the banks and state coffers. Unfortunately as well, here in Kansas we have a lazy Attorney General — he offers no help for anything — even though he has gotten money. My loan is in the Federal foreclosure review thing and they say we may get a check in March. Probably for $1.95.

    Some of you mention a class action to participate in. I have found nothing to work with. My advices is do not give in — keep looking for an attorney and do a lot of homework. At least while you push back on the criminals, you do not have to make payments. In my research thru hundreds of cases, those who did NOT use an attorney — LOST THEIR HOME. Those who did usually at least settled it out in some fashion and had the option of keeping the house or leaving. It is not for the faint of heart as the criminal banks will push all of your buttons.

    After it is all over, and what ever happens — look at the fraud involved that the attorney that the bank used did — Sue them.

  3. Nothing written on this or other websites amounts to “LEGAL ADVICE”, else Neil Garfield would be zillions of dollars liable for malpractice!!!

  4. Martin Andelman has interviews with Tom Cox and Matt Wiedner posted on his website. Cox and Wiedner agree that the difficulties in fighting foreclosure are almost insurmountable. They both state that getting forensic analysis is a waste of money because nothing you get can be introduced in court and they almost never reveal anything that is useful. They both also agree that achieving quiet title is unheard of.

    Neil, please return my money.

  5. A default remedy for the defaulters..THE OWNERS OF THE FEDERAL RESERVE BANK….. Funny how the U.S. TAXPAYERS PAY FOR EVERYTHING & WE THE PEOPLE ARE ALLOWING THESE CROOKS TO TELL US WHAT TO DO …..HELLO…..THAT IS TOTALITARIANISM….TOO MANY AMERICANS ARE COMPLETELY & PATHETICALLY BRAINWASHED BY THESE CROOKS… COMPLYING WITH TYRANTS GETS YOU WHAT YOU HAVE…..COMPLETE COMMUNISM…..YOU GET WHAT YOU COOPERATE WITH…WHEN YOU COOPERATE WITH THE EVIL EYE YOU GET COMPLETE SLAVERY TO IT….

  6. It’s all about the deceit, lies & manipulation to steal with these false idol worshipping, pagan, eye of Horus buttholes….

  7. Equity is sort of like a “default” remedy, I’d say. Courts make equitable considerations when no other remedy is available as a matter of law (so by default, or said another way, they “resort to” equity). But when courts resort to equity because there is no remedy available as a matter of law, it’s just that, or should be: equity is resorted to because and only because there is no law which would protect an innocent party, one with clean hands, from a manifest injustice.
    But with these bums, there are rules and laws which would have protected their interests had they adhered to those rules and laws; had there not been gross negligence / dereliction in protecting their own or others’ interests. In other words, any failure to prevail on a claim because of the claimant’s own actions or inactions is not a situation to which equity should apply – ever. Remember that old one about the guy who, after killing his parents, begged the court for mercy because he was an orphan? Well, do remember that old one.

  8. I know a bank owner troll when I hear one……MANIPULATE, TRY & INTIMIDATE LIE & DECEIVE IS ALL THE DO…

    They spew nothing but complete commie crap ….they think the United States is their own personal vomitorium……

    Go spew your Globalist vomit somewhere else YOU COMPLETE COMMIE TROLLS…NOT HERE in OUR Constitutional Republic….PAY US BACK YOU CROOKS …!

  9. JVE reiterates a very good point: equity is available only to those with clean hands. Fashion a statement which, based on the bull before the court or out there somewhere, avers the bankster has unclean hands (for yada yada reasons) – and remind the court of this fact. Can’t hurt. I wouldn’t make this my exclusive rebuttal of the bad guy’s ‘evidence’, tho. I’d do this for sure, but still would look to and recite whatever legal deficiencies are in the BG’s ‘evidence’ that a contract exists involving you and that they are the guys on the other end of it. And, I’ll keep saying this, I’d ask for the more definitive statement: are they claiming as holder or hidc? NO one who took a note with notice of its dishonor is a hidc.

    Imo, the assgt of the note in the assgt of the coll instrument is prima facie evidence the note is just now being transferred to the trust.* To avail oneself of this argument, one may have to not include any arguments about who MERS is or isn’t or what MERS may do or not do. Or make the MERS issues (can, can’ts, etc) as an alternative, in which case it’s a false instrument and submitted to court for false reliance? Strategy? (one wants to, among other things, get them to commit to one position to 86 the infamous wiggle room.)

    *I can no longer find the CBA article written by CO appeal att Andrew Low entitled something like “When your Opponent’s Evidence is Evidence Against Him”. Maybe an attorney reading here will find it and link. It was written in the late 90′s, I think. Or early 2000′s. Purdy please?
    lay opinions – ask a lawyer or 10

  10. Historically, “MERS” has claimed mostly thru it’s alleged principals that it is a nominal beneficiary, thee beneficiary, or an agent. But, since the
    Consent Order, members have mostly relied on MERS as an agent, far as I can tell. At any rate, in cases where agency is alleged, the agency needs to be challenged.
    Even when not, at best MERS is a nominal beneficiary for someone ELSE, and that someone else is never identified other than the generic “successors and or assigns” rattled off in the coll instrument, which I maintain is insufficient to actually make MERS the nominal ben or anything as to successors and or assigns (if that isn’t also true for the original lender because the orig lender didn’t sign the coll instrument to make the appointment: the alleged appt of MERS may only be found by implication since it’s not expressed by the lender because the lender didn’t sign the document. This flies in the face of the statute of frauds imo)
    At any rate, where MERS, thru its members generally, avers it’s an agent, they must so indicate, like any other agent would:

    One East Mortgage Corporation

    ________________________________________________

    by Mortgage Electronic Registration System, Inc., Its Agent
    by Martha Mayhem, Assistant Vice President (as if!)

    When agency has been alleged, not only should a doc be signed like this, the alleged agency with a principal must be evidenced. Swell, you say. In order to do anything about it, what we need is a compilation of instances where it has been claimed that MERS relationship with each bankster is that of agent and then begin asking courts to take
    judicial notice of the agency alleged in those cases because what we want is an identification of the party for whom the agency is alleged. To the best of my knowledge, an agent may not execute an instrument without identifying its agency or if it does, it’s reasonably subject to challenge. However, I’ve heard it said that one court’s JN doesn’t
    extend to another’s, so have to overcome that potential issue. Best if people can find instances in their own venues where agency has been alleged.
    Taking into consideration NG’s topic here, even if one hasn’t denied, one still has a right to challenge the legal sufficiency of “evidence” in
    these deals, just like ANY OTHER CONTRACTUAL DISPUTE.
    Lay opinions – ask a lawyer or 10

    If anyone knows of or finds cases where MERS’ agency has been alleged, I hope you will link them here.

  11. @ guest, I am not an attorney, I can not give you legal advice. Your question is of a legal nature and I can only advice you to ask an attorney. I say this day in and day out ….. does this make me deceptive? Those who seek attorneys to answer their legal questions find themself in a much favorable situation without taking on any unkown liabilites.

  12. @ guest:
    the anonymous “MASTERSERVICER” is an outright fraud and diversion and he/she keeps ending with this crap to make herself look legit:”

    “not an attorneys and not to be considered as legal advice – call your local bar for an attorney in your area.”

  13. The only reason why TBTF exists is so it can be used as a tool by the owners of the FEDERAL RESERVE BANK TO ROB US……THE FED OWNERS HAVE USED THAT FINANCIAL WEAPON OF FINANCIAL MASS DESTRUCTION & FED “MONETARY POLICY” AND THE POLITICIANS PROGRESSIVE TAXATION POLICIES……TO STEAL $60.4 TRILLION DOLLARS OF OUR WEALTH SINCE 2008 REPORTED CNBC…..BACKED BY OUR INITIAL STAKEHOLDER INVESTMENT OF $12 TRILLION DOLLARS…..

  14. The most well educated people in the country are FAKING IGNORANCE about the FED OWNERS DEFAULT TO THE U.S. TAXPAYERS…..AKA THE ORIGINATION FRAUD…….THEY ARE ALL TOOLS OF THE FEDERAL RESERVE BANK OWNERS WHO ROBBED THE AMERICAN PEOPLE…….. THAT IS WHY WALL STREET COMMITTED THE INFAMOUS QUADRILLION DOLLAR CREDIT DERIVATIVES FRAUD SCAM…AND STOLE OUR WEALTH IN THE 2008 STOCK MARKET CRASH…..TO WEAKEN US FINANCIALLY BY CAUSING FINANCIAL CHAOS AND TO COVER UP FOR THE FED OWNERS GAZILLION DOLLAR DEFAULT TO THE U.S. TAXPAYERS……STOP COOPERATING & SUE THESE CROOKS AMERICA….!

  15. That’s right E Tolle, they are passing around our stolen wealth at the top of their pyramid scheme. By bringing these suits with no criminal prosecutions they are playing good guy bad guy and they are all laughing at US while they are cleaning house.

  16. MS….The FEDSTERS are the only party pleading a half baked theory. Standing is the rule of law in America and that must be proven at the onset. The FEDSTERS are coming to court with no proof of claim and nothing to invoke the courts particular case jurisdiction; what the FEDSTERS are doing by bringing these cases based on legal theory is criminal, by deception, based souly on a belief that a debt exists. By entering upon the courts, copies of notes & mortgages with no proof of legal claim attached and no affidavit swearing to the authenticity of their claims, they are committing the Felonies of Counterfeiting & Forgery and numerous other felonies…..

    THE TRUTH IS, when no genuine issue or dispute of any material fact exists, and that FACT is being CONCEALED from the defendant’s, either by lack of knowledge by defendant’s or lack of proper legal representation, that is PROOF OF an INTENT TO DECEIVE…..BY THE FEDSTERS & THE COURT…….THEY ARE DISHONORING THE AMERICAN PEOPLE……..These are FELONIES…..What the FED and the COURTS ARE DOING is in fact, in direct violation of U.S., CIVIL, STATE & FEDERAL LAW and THESE FRAUDCLOSURES ARE IN FACT, SERIOUSLY CRIMINAL ..EGREGIOUS AND HEINOUS BY THEIR DECEPTION. THE COURTS ARE IN FACT USING LEGAL THEORIES AND EMPLOYING RULES FOR RADICALS, EX POST FACTO CRAP…..MAKING UP CRAP AS THEY GO ALONG….

    Tell it to the judge is meaningless jargon when the judges have committed serious felonies themselves and don’t want to admit wrongdoing. They are traitors and criminals by being a party to these foreclosure crimes. They all need to be arrested by the Sherriffs or the U.S. MARSHALLS for their crimes against WE THE PEOPLE because the courts are violating our LEGAL RIGHTS & THE RULE OF LAW…TO STEAL OUR PROPERTY…..

  17. I called the local bar to find an attorney like you suggested MS. But they laughed at me and told me all they had was alcohal and strippers. Did you mean call your State Bar? *grins*

  18. (Reuters) – Britain’s Royal Bank of Scotland will pay U.S. and British authorities $615 million and plead guilty to wire fraud in Japan to settle allegations it manipulated global benchmark interest rates.

    Is it just me? Or has anyone else noticed that we, the people, have been and continue to be defrauded and divested of everything we once owned….lands…..savings…..working capital….homes….jobs….and the only thing steadier than the constant theft is the fact that the criminals simply pay those in power in government a fine, and then they all move to the next crime scene….rinse and repeat. I believe it’s actually defined as plunder, under any rational viewing of the game.

    One of these days, maybe, just maybe, we’ll all awaken to the fact that in reality, they are them as well. Meaning….the bad guys paying the fees are paying them to their counterparts who have been installed in the various governments and regulatory agencies, and it’s all a big game to transfer everything (il) legally. It’s planet laundering. They end up with all of OUR global resources, wealth, minerals….and we end up with high rents, low paying jobs, and interest on everything needed to survive.

    The only thing missing is pay toilet stalls, with a per sheet 1-ply securitized rate plan.

  19. MS….You are becoming so vague that you are nearly impossible fo understand. You are begining to sound like a drug dealer who is an addict. Who do you think is going to buy this drug you are peddling when no one can understand a word you are saying? Please, save yourself and get off the bankster crack, no one is interested, we know it is bad for us. No one wants to do business with these drug dealers.

  20. Accounting for Investments in Pools

    Once a pool is established its integrity must be maintained and loans can only be removed by write-off, charges settlement (new loan) or foreclosure. Since the mortgage is de-recognized its basis in assets is extinguished. [ASC 310-30]

    While the disposition of trust fund assets may be either private or public, a SECURED PARTY may only purchase collateral at a private disposition

    A write off, charge or other condition for loss cannot include a normal write down whereby the state and Fed encourage a work out and so called enforcing of a homeowners rights!.

    There is no servicing agent allowed [see SEC 1122AB] in a pooled investment for which the mortgage is divested of its value and materially altered for substituted consideration.

    My experience indicates the filing for Ch 11 or 7 is another means for affirming recognition and granting consolidation – essential to foreclosure. The filing requirements imposed – regardless of merit for claims, recognizes a liquidated household obligation and restores the Creditor who is in fact the OBLIGOR in an Asset Backed Securities offering.

    A modification concession and workout offer encourages recognition and therefore defeats the households claim to release all clouds from title. The very mention of a modification offer is to trigger back an extinguished charge to asset for purposes of recognition.

    I never touted a QWR, Robo Slug, Blank endorsement or pleading a theory for a lost note.

    [See ASC 310 -30 GAAP accounting for investments in pools of loans acquired by transfer)

    registerclaims@live.com

    not an attorneys and not to be considered as legal advice – call your local bar for an attorney in your area.

  21. THE FOREIGNERS /IMPOSTERS AKA THE FEDSTERS/POLITICIANS are holding political guns to the heads of the courts, the judges, the sheriffs because they want to keep their placecards. Everyone has to do their part and stop complying with these tyrants at the top or it is going to get really ugly as all traitors are being revealed.

  22. RE Trespass comments on taxes….Taxes are the main modus operandi for these crooks to rob us…..The entire tax scam started out innocently enough, just 37 pages worth of robbery. It has since expanded itself from robbing some of our wealth to Grand Larceny. The property taxes are now being used as a weapon to rob property from the most vulnerable, from the hardest hit by the FEDSTERS scam to the elderly on fixed incomes, those who are no longer “wealth creators” in the eyes of these crooks. Like the reverse mortgage scam these crooks are robbing the elderly of their life savings. First through progressive taxation, they are equity stripping the most vulnerable first and this is coming everyones way. Time to stop paying these crooks….time for a real TEA PARTY REVOLT ON THESE TYRANTS and then sue these FEDSTER CROOKS…..time to change the evil algorithm that only benefits these tyrants to an algorithm of good…It is time to think of US for a change and join together in unity and love, and stop paying these tyrants to restore our own freedom & independence …. and the freedom & independence of this entire country.

  23. corrupt courts, sheriffs, and county officials certify forgeries all over the country:

  24. Lots of Unclean Hands in this manufactured mess. They are all the pot calling the kettle black. That is why U.S. courts have ruled when fraud enters a contract, fraud vitiates everything. That is also why this is a vast criminal conspiracy and it all is happened because the Origination Fraud needed to happen and be covered up for. Yes, the appraisers, the underwriters, the loan officers, the GSE’s, the title companies were part of the conspiracy because all of those agents and agencies and many more like MERS were needed to commit the Origination Fraud as well as help with the subsequent cover up for it….. There were inumerable agents of evil and evil agencies involved in this mortgage fraud scam.

  25. Jan van Eck, on February 5, 2013 at 8:51 am said:

    Where this analysis fails …

    Thanks for that counselor. A reminder is always welcome. I read that a long time ago. In the big pile of case law.

  26. GUEST….Speak english….you are in America…The truth doesn’t lie, but you lie constantly….liars never win.

  27. Re: “THE LIE STRIPPER SAYS…..WE THE PEOPLE ARE THE TRUST, THE TRUSTEE & THE BENEFICIARY”. roflmbo

  28. Terrorists beware..The DOJ says the .GOV can legally use drone strikes to take you out…

  29. THE LIE STRIPPER SAYS…..WE THE PEOPLE ARE THE TRUST, THE TRUSTEE & THE BENEFICIARY AND WE SAY …..TIME TO SUE THE FEDERAL RESERVE BANK….

    @poppy….their debt is only lucrative if you cooperate with the crooks….show me the note..these crooks don’t have it….their debt goes bye bye & so do they…SUE THEM..

  30. Lets boot the stripper off for awhile and get down to business here. Referring to MS recent settlement reguarding the benificary. I would like to add this ……………… Simply put … If MERS does not hold the Note it is NOT A LAWFUL BENEFICIARY! Only the NoteHolder/lawful beneficiary can appoint a Trustee to forclose. Embrace MERS!
    And follow Neils instructions above in a fc or non fc action.

  31. Larry Kudlow on CNBC talking about the DOJ’s lawsuit against the
    S &P………Larry said you can’t get busted for being stupid….GOOD ONE LARRY…..! Can you show me the PROOF that these ratings agents were stupid..? Do high school drop outs get these jobs….? Larry said why aren’t FANNIE & FREDDIE being sued…..? Guest said that would be way too complicated….Larry was right on here when he said….. Why isn’t the Justice Dept. suing the FEDERAL RESERVE…..THEY CREATED THIS MESS…..!!!!! SAY WHAT LARRY…..? SUE THE FEDSTERS…? RIGHT ON BABY….!

  32. Sorry math wrong $171.00 + $190.00=$361.00 and counting, making debt profitable…only for them.

  33. Wantonly the Old Ones trod the way of darkness and Their blasphemies were great upon the Earth; all creation bowed beneath Their might and knew Them for Their wickedness…..

    As Kings and Queens bow and lay for you…..you agents of evil….and your manuscript of evil magik tricks in the Necronomicon…. the watchers and the fallen ones fear the fury of the Creators wrath. The truth has been hidden by centuries old secrets, deception, lies and fraud….you have been counterfeiting the numbers & words of the Creator and forging his signature upon those numbers & words………that intended fraud by you spawns by counterfeiting and forgery is for the first time in the history of mankind, being revealed to the Creators chosen people. To all those who see the signs and seek to know the truth, the signs are clear, all of the seals have been broken because of evils deliberate non compliance with the Creator…..the truth shall be revealed to those who see the signs and seek the truth…..the number 20 is the Creators algorithm …the number 13 is the fundamental significance of unity & love.

    The natural order of things is being overthrown by evil and the Creator is jealous of this betrayal…..

    “Heaven is my throne, earth is my footstool. What sort of house could you build for me? What Holiday spot do you reserve for me? I made all this, I own all this.” – the Creators decree

  34. No investor=funder….no, no no.

    Fractional banking…you give me $100.00 I hold $10 and lend $90.00, which equals $190.00 on the lenders books, then I have $190.00 to lend and the cycle repeats itself. $190.00 keep $19.00 and have $190.00 + $179.00=$369.00 now multiply by Millions of dollars (bank assets, derived by printing bonds, debt), now you have the picture…the pretty paper, which we call bonds are used to up sell the interest/debt WE have to pay.

    There is no money here…and if they go bust, remember they only have to keep 10% of YOUR money, anything that is not insured, is not payable if they go bankrupt.

    This is all a bookkeeping strategy and legal, thanks to the Fed and our government. Check it: Modern Money Mechanics, a socially paralyzing structure for indentured slavery.

  35. Correct my unintended error in my comment at 10:02……. …..DEMAND THESE FRAUD COMPLAINTS BE DISMISSED _WITH_PREJUDICE…..

  36. TRESPASS….NO LEGAL CONTRACT EXISTS…..The Issuer of the original bill of credit……the bill in question…. cashed the check/notes and have no legal assignment as proof the Original bill of credit exists…the Issuer destroyed the Original…..That is why they are now imposters; fictitious payees by presenting copies of unindorsed….. blank notes upon the court….counterfeits & forgeries……

    STATE & FEDERAL BANKING LAW …THE UCC …..3-205….. RE ….Special Indorsement; blank Indorsement; anomalous indorsement…….(c.) The holder may convert a blank Indorsement that consists only of a signature into a special Indorsement by writing, ABOVE THE SIGNATURE OF THE INDORSER, words identifying the person to whom the instrument is made payable.

  37. Neil, If you give me $100. I’d see $100 before I said you gave me any money.

    the only thing that changed hands was paper.

    For all we know, 100 credits was put in someone’s bank account, and they’ve been manipulating the credit the entire time.

    I didn’t see anyone pay anyone anything on my behalf or in front of me.

    So if a paper that is ‘evidence’ shows up and I didn’t sign it, I have not trouble telling someone this is forged. I didn’t sign that!

    Now beyond that, which is the written contract, the judge will move to figure out if there was a verbal contract by asking questions, to validate whether the claim of money owed is true.

    To answer that you owe something but not that much, still validates the debt from a ‘verbal contract’ and the paperwork becomes moot.

    Seems they use the paperwork to get you to say you owed but they don’t have the paperwork to prove it, which is what they need with their lost note affidavits, and robosigned documents, is some evidence of a contract and your words are as good as any other testimony and trumps the paper testimony.

    So sure, Deny is powerful and not just on paper.

    Court is the biggest slight of hand trick I’ve ever dealt with. While you are watching the prosecutor turn flips and talk to the clerk and shuffle papers and think you are winning, they’ve distracted you enough to put your foot in your mouth and tell them something they wanted you to say so that you lose.

    You never pay attention to the show in the court. You must always be aware. And what you tell your attorney is used to negotiate, because they reveal all evidence each side has in the case, so the other side would know that you don’t deny owing the debt because when you hired the attorney you didn’t deny and keep denying no matter how much he said he needed to know everything to properly defend against the action.

    He lies. He’s paid to attorn (turn over) the information given to him.
    What a waste of good money.

    How many people moved out of their homes after saving it in bankruptcy but couldn’t save it from the tax man or HOA, or future loan payments?

    That’s the trick. The deception runs deep and lasts longer than you think.

    Trespass Unwanted, Corporeal, Life, Free and Independent State, in being, People, In Jure Proprio, Jure Divino

  38. The Creator does speak to us through numbers and the malefactor always counterfeits those numbers.

  39. When you wake up you realize things don’t add up…..that is when you make a choice whether or not to enlighten yourself. If you choose to enlighten yourself and you don’t use that enlightenment to free yourself and others, you are as selfish and greedy as the crooks who robbed US……That is not only a shame on you but a crime in itself….That is why it is my mission to expose these terrorists and all of their crimes against the people that are being revealed. Anyone who really wants to know the truth can find the light and free themselves from these terrorists.

  40. The secret is in the Math. Some people just dont get it! Oh wait.. those are the Buttwipes who manipulate the figures to meet their own needs and carry on babbling to re-direct the subject matter.

  41. FORTUNATELY EVERYONE OF US ARE NOT UNEDUCATED SO AS TO FALL FOR THIS TERRORIST SCAM TO STEAL OUR FREEDOM & INDEPENDENCE BY OUR FOREIGN ENEMIES WHO ARE ATTEMPTING TO HIJACK OUR LIBERTY ……KNOWLEDGE IS POWER….

  42. Terror…terror….terror…..it is all about the terror….psychological warfare is it’s most powerful weapon of control….

    Fortunaty EVERYONE of US are not uneducated fools who are ignorant enough to buy into this terrorist scam…..but if they are, I pity the poor fools who believe the FEDSTER terrorists…They are secretive, deceptive, lying defrauders of our wealth & freedom….they lurk in the darkness of peoples lack of knowledge and use that to terrorize them…knowledge is power, the truth & the light. Evil has no power there.

  43. How to recoginize a Buttwipe? Simple … Check their Math. Me says … 1+1+1= 3 ~~~ Stripper says… 1+0+0=3

  44. As I said, GUEST IS A COWARD…….and there is no validity or legitimacy to its claims & threats….AS ALWAYS BUYER BEWARE…! It simply tries to intimidate with no legal assignment, no legal proof of claim. Fraudulent upon presentment….A NULLITY….NULL & VOID….

    GUEST is simply a terrorist who lurks in the shadows and knows if it reveals its true identity it will be hung in the town square by the American people….

    Everyone knows the way U.S. PATRIOTS feel about terrorists…..ask Saddam….or Bin Laden……oh yeah…that’s right, you can’t because they are dead……those terrorists now swim with the fishes…

  45. All Buttwipes are up Shit Creek without a Paddle .. The smaller ones float faster thats all ….. they all eventualy end up in the same place.

  46. The snakes will always find a way to slither into the foxes den…If there is prey, they will always look for ways to devour it. Stand up to the snakes and stop cooperating with them and they will look for other prey or other ways to prey upon their victims.

    Trust no one and take yourself out of the wolves den. Demand justice for their intended harm. Don’t settle for fraud. These snakes are not our Constitutional Republic……they are our foreign enemies. Cut off their heads, not their tails by not cooperating with it and sue them.

  47. Homeowner + Invester/funder + Taxpayer = A Happy Homeowner, A Happy Retiree, A Happy Taxpayer and One dead Buttwipe. Yep!

  48. Beware their “fix” for all of their criminal fraud……A WORLD TAX…it is all connected to the medichip in Hillary/Obamacare…..that is how these Globalist crooks intent to enslave EVERYONE to their massive Quadrillion dollar criminal credit fraud….Demand clear title & monetary damages …… free yourselves. Don’t trust or comply with these crooks because they consider compliance by you permission for them to screw you…and they will.

  49. The Snakes are turning on each other in the Pit (lack of food supply). The homeowners are working with the Investers and taxpayers who took the actual loss and we are flushing the Snakes back down the hole they slithered up from.

  50. BOO FRICKETY HOO…..S&P whining in response to DOJ lawsuit….why are they picking on us when they were the regulators of this scam….? The worms are turning….!

  51. THE TRUTH….Only the Creator can turn water into wine….

  52. I thought I recognized you driving a conversion van Christine. That was me waving to you in passing. But all the passengers in my van are already dead. Just Sayin….

  53. THE TRUTH….Once those notes were cashed by the issuer of the original bill of credit…AKA…..THE ORIGINATION FRAUD…..the only evidence a debt exists is the LEGAL ASSIGNMENT…..

  54. I am about to be deposed and would like to know how to properly deny the debt when I am asked if I recognize their copy of the promissory note, if the signatures on the note are mine, if I did receive the $$$, etc.? Any suggestions?

  55. THE TRUTH……UNINDORSED NOTES WITH NO LEGAL ASSIGNMENTS CAN ONLY BE CONSIDERED UNDENIABLE EVIDENCE OF FRAUD UPON THE COURT BY IMPOSTERS ; FICTITIOUS PAYEES TO GAIN UNJUST ENRICHMENT …. the recorded mortgage is evidence a debt once existed…….no legal assignment recorded 90 days after the closing of the trust means the copies of the mortgages & the notes CAN ONLY BE CONSIDERED ….counterfeits & forgeries…..fraud upon the court. There is no legal correction for the ORIGINATION FRAUD and the massive debt created by the concealment of that crime. Those copies of unindorsed notes these crooks are presenting upon the court were cashed long ago and they are simply CONCEALING the ORIGINATION FRAUD.

    I would not throw these dogs a bone and legitimize anything they are doing. Paying any creed to the wantoned MIS & REPRESENTATION of our signatures only empowers these crooks. The judges are full of more b.s. than the banksters attorneys.

    This is first year law…. the laws of this land….. upheld by the State & Federal courts consistently….

    I refuse to cooperate with criminals whether it be a judge or not….AIDING & ABETTING A CRIME IS A FEDERAL OFFENSE & I WILL NOT BE A PARTY TO IT & ALLOW THESE CROOKS TO TURN ME INTO A SLAVE TO THEIR CRIMES OR CONTINUE ROBBING ME.

    THEREFORE, I DEMAND THESE FRAUDULENT ACTIONS BE DISMISSED WITHOUT PREJUDICE….MY STOLEN WEALTH BE RETURNED PLUS MONETARY DAMAGES & I DEMAND MY HIJACKED PROPERTY BE RETURNED WITH CLEAR TITLE TO ME…..THE ONLY HARMED PARTY.

  56. Please, please, please, if you have a parent considering reverse mortgage, please have him read this first! A nation that preys on the weak and the poor is a dead nation. We’re getting there.

    http://www.ourbroker.com/news/fha-reverse-mortgage-warning-020513/

    New FHA Reverse Mortgage Warning Issued By HUD
    February 5th, 2013 By Peter G. Miller
    feature photo

    It seems that the much-troubled FHA reverse mortgage program has a new problem: lender meddling in the supposedly-independent counseling process which is supposed to protect borrowers.

    [Click on the link for the rest of the article]

  57. Un-be-lie-va-ble! Tell me again… why isn’t everyone outside with rope, tar and pitchforks? On the other hand, if I had a mortgage that went from hand to hand in Oregon and if, in the course of several years, I had paid different servicers and had kept the letters telling that my note had been transferred/sold/conveyyed and what not, I’d be filing a conversion lawsuit against all the non-recorded players in a jiffy!!!

    Jane is absolutely right. Conversion is the way to go.

    http://www.housekeepingreport.com/freddie-macs-diabolical-solution-to-oregons-recording-requirement-locate-and-destroy-the-assignment/

    Freddie Mac’s Diabolical Solution to Oregon’s Recording Requirement: Locate and Destroy the Assignment

    Posted on 04 February 2013.

    House Keeping Report-

    One of the most hotly contested issues in Oregon foreclosure law is whether lenders who do not obtain written assignments of trust deeds can foreclose non-judicially. While other lenders fret about their missing assignments, Freddie Mac has taken a different approach. Freddie instructs servicers to destroy them prior to foreclosure.

    In Oregon, a lender can foreclose without going to court only if the lender complies with all requirements in the Trust Deed Act. One of those requirements is that “any assignments of the trust deed by the trustee or the beneficiary” must be publicly recorded before a non-judicial foreclosure is commenced. See ORS 86.735(1).

    Some lenders have argued that the phrase “any assignments” means any written assignments, which excludes transfers that occur automatically when a note is transferred. But no lender in Oregon, including Freddie Mac, has argued that written assignments are not “assignments” that have to be recorded.
    Freddie’s Special Oregon Rule

    For all non-MERS trust deeds, Freddie requires the seller to execute and deliver a written trust deed assignment to Freddie at the time of sale. The assignment becomes part of Freddie’s mortgage loan file. But that means there exists at least one written assignment that must be recorded prior to commencing a non-judicial foreclosure in Oregon.

    Whether to cut costs or to avoid becoming the public face of so many foreclosures, Freddie created a special rule for Oregon just over 11 years ago. Freddie explained the new rule in a letter issued to all lenders that sell or service Freddie Mac loans. That letter, dated January 18, 2002, has the subject line: “Foreclosing on Properties in the State of Oregon

  58. This, on the other hand, was long overdue… I would expect security companies to spring up and mushroom as a result. That ought to take care of some of the unemployment in this country. Too bad security officers are, more often than not, hunks and bullies, some of them with verified criminal records. So much for restoring peace!

    Hackers Post Private Data From More Than 4,000 US Bank Executives
    By Business Insider

    Posted 1:20PM 02/04/13 Posted under: Breaking News
    161596150
    By Michael Kelley

    Hackers affiliated with Anonymous seem to have published information from more than 4,000 American bank executive accounts on a government website last night, Violet Blue of ZDNet reports.

    The alleged hack is part of its new “Operation Last Resort” campaign, which defaced two .gov websites last week to protest the prosecution of hacktivist Aaron Swartz.

    The hackers are calling for reform of U.S. computer crime law (specifically the 1984 Computer Fraud and Abuse Act) after Swartz, 26, committed suicide on January 11 in the midst of an aggressive prosecution for allegedly downloading millions of academic articles from JSTOR.

    The hackers published a spreadsheet on the Alabama Criminal Justice Information Center website that appears to contain login information, credentials, IP addresses, and contact information of current American bank executives.

    An account associated with Anonymous tweeted:

    Now we have your attention America: Anonymous’s Superbowl Commercial 4k banker d0x via the FED acjic.alabama.gov/documents/oops… #opLastResort #Anonymous
    – OpLastResort (@OpLastResort) February 4, 2013

    Blue notes that the banker information could be connected to Federal Reserve computers, which host the primary U.S. network for high value, time-critical and international payments (called Fedline).

    Last weekend hackers took background control of multiple .gov sites as they turned the U.S. Sentencing Commission website and the U.S. Probation Office for the state of Michigan website into games of asteroids.

  59. Somewhat off topic, inasmuch as banks are… but worth noting. 388 banks have folded since the end of 2006. Whatever regulation is enacted to curtail TBTF yields the opposite result.

    Don’t anyone tell me that Congress is working for the people. And yet, the people are still dumb enough to keep electing and re-electing the same guys. Stop screaming “foul” and use your brains!

    Feb 5, 2013, 10:41am EST

    JPMorgan Chase CEO Jamie Dimon says Dodd-Frank will actually benefit bigger banks.

    Small banks might need a bigger boat. JPMorgan Chase & Co. CEO Jamie Dimon told a Citi analyst that the Dodd-Frank Wall Street Reform and Consumer Protection Act, designed to level the playing field for banks, actually helps JPMorgan – one of the biggest banks in the country – build a “bigger moat” against the competition, according to Business Insider.

    Dimon sees Dodd-Frank and all the attendant new rules, regulations and capital requirements as deterrents for small financial institutions to jump into new business lines and steal market share, the analyst writes, but for the behemoth JPMorgan Chase (NYSE:JPM), efficiency in its size could help it add to its share even as profits slim.

    Dodd-Frank has been a favorite whipping boy of banks since it passed three years ago, but Dimon did not list it among the four main risks he sees to the company. So what is he worried about? Geopolitical upheaval, the European financial crisis, the Federal Reserve’s economic stimulus program, and long-term U.S. fiscal policy.

  60. We will be happy to talk with qualified attorneys representing homeowners, and the Garfield team, about what we are investigating and attesting to.
    Rob Harrington -case intake contact/BPIA (Bill Paatalo Investigative Agency)
    rob.bpia@gmail.com

  61. Where this analysis fails (or perhaps more properly, “should” fail) lies in the foundation of suits in equity. It is well established in the case laws that, in a court of equity, he who comes into court with Unclean Hands shall be denied his day, his case shall not be heard, and the Court House Doors shall be shut against him in limine. To invoke this bar, and prevent the forecloser with the tainted Instruments from being in the Court at all, you invoke the doctrine set forth in the case “Keystone Driller Co. v. General Excavator Co., 290 U.S. 240.” You can find the text on the internet; it is a famous case (and I work hard to make it famous every day).

    In “Keystone,” a 1934 case before the US Supreme Court, the plaintiff, before filing his suit, went to a witness and convinced the witness to testify in a certain manner – a bit akin to manufacturing a falsified Substitution of Trustee or Assignment of Deed of Trust. Well, the bad acts came out, and the Court simply shut the courthouse to the plaintiff, barring him from forever showing up before it. “The claims shall not be heard, and he shall take nothing.” Get yourself a copy of this case, which has powerful phrases in it, and go pound those foreclosure mill lawyers into Bantha fodder. Luke Skywalker would be proud.

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