Walls Continue to CLose in On Banks in Courts Once Hostile to Borrower Defenses

McDonald v OneWest

This case should be read more than once

When I started writing about legal defenses to foreclosures that appeared patently fraudulent to me, I thought it might only take a few months for things to catch on. About the timing I have been consistently wrong. About the substance I have been consistently right.

Here again, the party seeking foreclosure not only failed in its current effort to do so, but was ordered to pay $25,000 within 7 days for forcing the homeowner’s attorney to fight tooth and nail for items that were or should have been at their fingertips, they had no reason to withhold, and should have been anxious to supply if the foreclosure was real.

The only potential error I see in the homeowner’s case is that  there appears to be an admission that Indy Mac was indeed the party who was the source of the loan — a fact which is nearly universally presumed and virtually always wrong in today’s foreclosures. Not knowing the actual facts of the case I can only speculate that this was an oversight, but it is possible that it wasn’t an oversight and that Indy Mac did in fact make the loan, booked it as a loan receivable, and then sold it into the secondary market for securitization.

There are several very important issues discussed rationally and without bias in this very well-written decision:

  1. Dates DO Matter: If the authorization to sign something is received after the signature is executed it isn’t any good. Lying about it and then fabricating documents to cover up the first lie are grounds for sanctions.
  2. Allegations of holder status are no substitute for facts and evidence. The supposed right to request it is not the same as holding, possessing or owning the note. Execution and recording of substitution of trustee, notice of default, notice of sale are all void if the party stated as the holder is not the holder.
  3. Ownership counts, which means that in order to submit a credit bid at a foreclosure action, the books and records of all the  relevant parties must be open to inspection and review to determine what balance, if any, exists, on the records of the owner of the debt — i.e., the party who would actually lose money if the loan was not paid, and the amount of the principal and accrued interest due, if any, after deductions for all receipts.
  4. Agency either exists or it doesn’t. And the paramount element of agency is control by the principal of the agent. There is, however, contractual obligations that come into play here. So if the investment bank received payments to mitigate damages on loans it either did so as agent for the investor or because they were contractually bound to do so as a vendor thus reducing the balance due on the bond. Either way, the balance due is reduced as to that creditor. It might be shifted to the party who paid who in turn might have a right of contribution unless they waived that right (which the insurance companies and CDS counterparts did in fact waive), but either way the new debt is no secured unless there was a purchase of the loan.
  5. Rules of Civil Procedure do matter and are “not optional.” If discovery requests, qualified written requests, debt validation letters are sent, answers are expected and due. The fact that the QWR is long does not mean it is invalid.
  6. Damages are possible, but you need to plead and prove them and that pretty much goes to whether these parties ever had any right to collect any money or enforce any note or any debt or enforce any mortgage against the homeowner. If the answer is yes, that if they get their act together, they can foreclose, there will likely be no damages. If the answer is no, which more likely than not is the case in current foreclosures, then damages properly pleaded and proven are easily sustained.
  7. Discovery is not a toy. The answer or the production is due.
  8. Hearsay is inadmissible and the business records exception, as stated by dozens of courts before this one, where the witness or declarant testifed for  “defendants chose to offer up what can only be described as a “Rule 30(b)(6) declarant” who regurgitated information provided by other sources” then we are taking hearsay and turning it into  evidence without any personal knowledge or testing of the truth of the matter asserted.
  9. Judges are not stupid. They know a lie when they hear it. But what happens after that depends upon the trial experience and knowledge of the lawyer. Don’t expect the Judge to go into orbit and give you everything just because he found that the other side lied. You still have a case to prove.

Washington J Lasnik Order Regarding MSJS

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90 Responses

  1. I want to know what the penalties for violating SAS 99???? It’s the Statement on Auditing Standards No. 99: Consideration of Fraud in a Financial Statement Audit, commonly abbreviated as SAS 99, is an auditing statement issued by the Auditing Standards Board of the American Institute of Certified Public Accountants (AICPA) in October 2002. The original exposure draft was distributed in February 2002.

    SAS 99 defines fraud as an intentional act that results in a material misstatement in financial statements. There are two types of fraud considered: misstatements arising from fraudulent financial reporting (e.g. falsification of accounting records) and misstatements arising from misappropriation of assets (e.g. theft of assets or fraudulent expenditures). The standard describes the fraud triangle. Generally, the three ‘fraud triangle’ conditions are present when fraud occurs. First, there is an incentive or pressure that provides a reason to commit fraud. Second, there is an opportunity for fraud to be perpetrated (e.g. absence of controls, ineffective controls, or the ability of management to override controls.) Third, the individuals committing the fraud possess an attitude that enables them to rationalize the fraud.

    It’s pretty clear all the banks violated it. What is the use of having it if it’s NOT ENFORCED?? Who should enforce it and why don’t we all put pressure on them to “step up and do their jobs??”

  2. Would anybody know why the mortgage company would stop paying the Mortgage tax on our home.

  3. Just posting the direct link to the doc so people on slow computers or network connections can get it easier ..

    http://livinglies.files.wordpress.com/2013/03/washington-j-lasnik-order-regarding-msjs.pdf

  4. Tresspass…We The People are supposed to be representatives of our Constitution Republic and unfortunately, so far, there are too many still participating in the fraudulently induced Ginormous Corporate Bank who are not our Government. It is the bank owners fraudulent induced Corp who have hijacked our Constitutional Republic and are secretly robbing us into poverty, stealing our wealth, property and freedom and are wearing many disguises and are running roughshot all over the place.

    The problem is, not enough Americans want to recognize this is war against ALL OF US on U.S. soil by the bank owners and this is World War III and it began on 9/11. This is the last planned big war by the psychopathic bank owners and what they wish to achieve is totalitarianism. Complete global control by these terrorists would mean the end of all of our freedoms, liberty & independence….it would mean the end of our Constitutional Republic.

    No one would want to live under them as history has proven, no one likes to be robbed and told what to do. These people are inhuman and they are terrorists. The European monarchs need to stay in Europe. Their citizenry likes being ruled. People came to America to free themselves from monarchs, dictators and feudalism….not to be secretly ruled by them and it.

  5. Shelley dont forget .. the Halo! Need that to hide the Horns.

  6. I agree with Shelley and Marilyn. We never agreed to participate in any of this sickening nonsense. It’s all b.s. they are a bunch of lousy lying stinking traitors and I am revolted by them and everything they do and everyone should be by now. Ignoring the crooks or pretending ignorance doesn’t make them go away. This is a real life freak show.

  7. Why promote evil black robes! Show up in white robes. And I don’t mean the Klu Klux Kan robes. No hoods!. Dont believe in that garbage either. (Perhaps wings- Just got carried away) Or matching t shirts that state you advocate the rule of law on the front and back.

  8. Since my illness my thoughts and mind speak the truth about a whole lot of this shit…I hold back on none….First and foremost…anything or anyone who wears a black robe carries with it the satanic ritual …same as the Black Pope…whoever this character is…a party to whichcraft….evil…wears black….we all need to appear in court in black robes to freak the so called judges out…wearing a black robe is not illegal….and for the gold fringed traitor flags in the courtrooms…these need to be ripped out of the court..I find it more than a national disgrace…Judges don’t want to hear we know the truth about the judges and the corrupted banking ..but its not what they want…they all have to leave the building and go home….time is of an essance….get it? I see a judge sitting in court trying to act like he has nothing up his sleeve…bullshit…that judge is nothing but a Debt Collector for the corrupted banking system allowing the thieft of homes…a free home to a bank who has nothing invested or purchased…I don’t plan on giving a free home to any frigen bank…that has no skin in the game…so far I have what I planned all along…Paul Ryan and the rest of the loose mouthed ones all throw off bad vibes…not worth the time to even listen to them..I cast them aside like garbage….vote them out when time comes…or throw them aside in the ditch……My life has been a spitirual one….my choice when young…I felt the spirit and it is always with me…nothing man made…it is a true feeling of being blessed…I have no fear of evil…evil fears me…that is true spirit………..

  9. Remember this home owners very simple. You want a pool built in your backyard and I am the pool builder I get you to sighn a contract ok then I need to go down to the recorders office and put in a letter of commencement ok then when the pool is done you pay me I recored a releases of lien or a satisfaction but it you short me of don’t pay I have to go to court get a judgment to perfect the lien but if I didn’t give the constructive notice I’m out. The bank comming after you recorded a assingments then going to court is not legal and they hide behind MERS who cares UCC code said in writing recorded and recording fees and taxes paid MERS is electronic signature UCC codes says in writing not elctronic diffierance tangable world and intangible world do your home work and start going after the clerk of the court and end this crap and motion for dismiss and incompident clerk of court. No constructive notice no perfection no law suit all of these New York bank Mellon trust have no standing and are just a payment stream no authority to bring a law suit or forclosure action on top of the constructive notice of perfect lien.

  10. BTW….capable & willing mean nothing…you committed fraud in my name without my knowledge …and robbed me of all the payments. You had 90 days to perform on the contract & 30 days to record the legal lien….there is no legal correction for criminal fraud…those were multiple felonies BTW…

  11. We performed on their fraudulently induced contract. The banks did not and they defaulted and defrauded us as evidenced by no legal assignments and no chains of title.

  12. hahahaha … We have always been capable and willing to pay and complete the contract. Can you say the same? NO! You are pointing the finger of blame instead of getting up off your ass and taking care of your business!! You are just looking for another loophole in the system like the bankster buttwipes did to take advantage of the investers and the taxpayers. Two Subjects you know Nothing About!

  13. No their created risks were not insured by the U.S. taxpayers….they were way overleveraged….besides, the U.S. taxpayers already paid for their properties….and the investors went way over their insurance limit by a quadrillion dollars in criminal fraud….the bailouts were simply massive criminal robbery.

  14. You guest are no more entitled than anyone else. Everyone was robbed not just you. The last thing I would be doing if I were you would be bragging about your entitlement to anything.

  15. GRRRR…. You are a Friggin Idiot!! The Investers are insured by the taxpayers you Moron!!!

  16. No guest ….you show no empathy for anyone. And I am not looking for sympathy…I am looking for just compensation & clear title because we were robbed.

  17. We purchased that property as a retirement investment because the price was right at the time and we sunk ALOT of money out of our own pockets into that property and apparently, a lot of our homes equity we did not know about. That’s what I’m talking about. Your retirement investment got stolen and no one should be paying for it with their properties that are now not even worth what we paid for them. That’s bullshit.

  18. Stripes… Its hard to be sympathetic for you because you show no empathy for others.

  19. Companies take on investors to fund their operations as well….most businesses need working capital and a lot of it. We inherited nothing from anyone we built it from the bottom up and to be honest we should have never even got into retail. Retail is not worth the headaches.

  20. When you run a commercial business you need working capital for inventory. Jeffrey Imelt of GE whined to paulson he needed it…the car companies needed it and the banks needed it….and they got it by stealing ours. We aren’t millionaires like they are. It takes a lot of money to start up, insure and inventory the type of business we were in.

  21. I run a business, and I do not have credit lines. My husband also inherited his family business, he runs (outside of his Job), and he does not have credit lines out for that business. As a mater of fact his dad didnt either. The Lake House was a Gift from Grandpa and Grandma, they wanted my Grandkids to Enjoy and Love It as much as I did growing up. One day I will leave it to the them.

  22. I have always lived in the real world. Now I see what you call the real world as an illusion ….. all manufactured by crooks…smoke and mirrors always hid what you crooks do…..rob us ….but not anymore. I never lived the high life, I took care of my family but now I am living the high life because I see what you crooks have been up to all along and that is true freedom. That is something money can’t buy.

  23. We have gone way beyond paying for our kids college and we never lived not within our means. You can’t run a business in this country without credit and what little credit we used does not add up to much. Re socialized debt fraud is not our debt and I’m far from ragged out, I’m just getting started. Stripping you crooks down to size sure beats working for you crooks and it gives me gratification that money can’t buy.

  24. This stripes guy is a lunatic. He really makes it hard to follow the thread. And colors the objective, professional and legal content of the owner and other patrons of this blog. Dude your comments are excessive. Give it a break.

  25. You are one Totally Ragged Out Stripper used to Living the High Life! Well say Good Bye Sweetie and join those of us who live within our means. I guess you missed the part where we shopped resale, gave up vacations and eat meat once a week to put our children thru collage. Ya See … we live on cash and Not Credit! Welcome to the Real World Stripper!!!

  26. The only selfish bitches are those who think they are entitled to something more than everyone else and they should not have to lower their standards because of this manufactured crisis. You will know how all of the rest of us feel soon enough. What goes around always comes around.

  27. It’s about time somebody else lowered their standards…hamburger and thrift store shopping for you now….and say goodbye to your lake house….that’s much to extravagant for this nation of fraudulently induced paupers…maybe you will want to do a short sale…and go rent an apartment. Learn to live within your means….because your taxpayer funded life style is being reposessed…

  28. Really guest…..? You think you are entitled to something that the bank owner Corp already stole….and we should re pay it for you … with what we already paid for & built & worked for our whole lives ..? You are going to choke on those words soon enough because all of the manufactured bullshit is coming your way now….have fun..because I’m not paying for your robbery with my property.

  29. I apoligize for my Language, I did not mean to offend anyone. Sometimes Duct Tape Just Dont Work.

  30. You are kidding Right? People have every right to worry about their retirements and pension savings. They worked their whole life to save to make sure they could afford to eat when they could no longer work. What were they supposed to do, count on Medicare and SS? hahaha Do you think they should lose their retirements and homes both? Because that is what you are suggesting…. Oh Well, Tough Luck for Them … Their Loss is My Gain! You are one Selfish Bitch!!!

  31. People are fearing for their pensions and there own safety are not fearing the right things. The loss of their Constitutional Republic is what they should really fear. That is what I am fighting for. This Corp of crooks are not their friends and they never were and never will be. The bank owners turned the American people into chattel without our knowledge or consent, and the traitor politicians allowed it. That is not only unacceptable, that is inhuman.

  32. Ng is right – have to read the McDonald decision more than once. Glad to see the award, but can’t say I agree with everything else. I believe there are other grounds besides the ones shot down by the court for nailing bad actors. I totally disagree that there wasn’t fraud on the court. Actually I think this was a warning to bad actors, just a tad at MCDonald’s expense. lay opinions of course

  33. stripes- its the fear factor, fear for their jobs their pensions their own safety ect i mean i hear you and respect your opinion, not that i agree, but i respect your opinion, but things will shift once people realise that the only thing to fear is fear itself ( sorry i know these are worn out cliches, makes me twitch too when i say that- i have to talk strong to myself everyday otherwise the negitiuve crap gets top side, cant allow it)

  34. shelley E. thats great news, if enough “goodmen’ do their job if enough good men and women stand up and be counted things will shift . i have to believe in victory for the truthsayers, the whole truth.

  35. We pay for everything and this is the thanks we get…? They rob us and tell us what to do & we want your property and by the way ….no large sugary drinks and we, the bank owners and our corp can go up your ass with a microscope because healthcare is now a law & we are making you pay for it…? Oh hell no…!

  36. There has been a secret, covert coup de tat of our Constitutional Republic by the bank owners…and it is apparent on its face if you want to see it. It all began on 9/11. We are one manufactured disaster away from a bloody war on U.S. soil. Why do you think they want our guns and private militaries to take over the police departments ….? These are perilous times. We can never ever give up our guns. There are traitors running the country.

  37. Shelley would probably agree with me on that. This is secret Martial Law deb whether you want to see it or not. I see it. There is no other explanation for no criminal prosecutions…..the cops and the judges and even our military are standing down to these crooks. Explain that.

  38. The judges don’t want to appear hostile…? Well I have news for you…….that is simply not true…at all.

  39. I have plenty of heart, that’s why I fight. It’s these tyrants who have no heart. They don’t give a damn about us or anyone but themselves. Obama said you can’t change Washington from the inside. I disagree….they won’t let anyone honest in the inside. That’s the problem. If Obama thinks anarchy is the answer, he is as mentally ill as the bank owners he works for. That is where we are headed if the people don’t start standing up to these fraudulently induced dictators. Obama thinks he can have his cake and eat it to. Restoring our Constitutional Republic means everyone has to pitch in, including him. This country is in decline and has been ever since he took office. He needs to stop talking about being the change you want to see and be that change himself. Talk is cheap. War is not for cowards. He is either with US, or with the terrorists and so far I haven’t received a damned cent of my stolen wealth…have you..?

  40. ukg- the judges dont want to appear hostile they want to appear fair emphasis added- however the justice system must be protected and even the appearance of bias is not cool, now if i filed a complaint against a certain jusge who refused to recuse and that there was an appearance of bias which would be perfecrtly possible in his mind considering conflicts of interest, possible, but but let me say this when the judge is just plain wrong – well need i say more- im pro se, but you know i demand that my court , your court , the peoples court, who pay these guys to administer justice according to law and procedure do that, on a level playing feild, i ask only this, one law for all, no exceptions. im sorry about the conflicts but they signed up for the job. do it or resign.

  41. These bank owner crooks only pay us what they think we are worth. Doctors, nurses, corporate heads and politicians make them the most money. Even doctors & nurses are going to get shortchanged with nationalized healthcare…that will open up the market to foreign doctors cutting their throats. Globalization is totalitarianism. They would love for the cops to quit as well so they can militarize the police departments. Rahm Emanuel already talked about bringing in private military like blackwater into Chicago to ease the stress on cops. It’s all bullshit. Hire more cops is the answer not bring in the foreign military. These people are dictators. The redlight cameras are another totalitarian hoax. The all seeing eye needs to be dug out of its socket. Creepy bastards.

  42. We the People is an organization.
    It’s We, the People. Obama used it properly four or more times in his inauguration speech and the transcript is online.

  43. Stripes your comment at 11:01am.
    People will need to learn to use their heart.
    They only way they want us to concentrate on the heart is to concentrate on a heart attack as if it’s our weakest organ.

    Our strength is in our heart.

    John Gault, on your statement about the title not transferred through any DOT.

    My opinion is that the title is held by the Trustee who is there for the benefit of the beneficiary and that transfer took place at the creation of the DOT. If the beneficiary assigns the DOT to another, the Trustee is beholden to who has the NOTE and an interest secured in the home, which I assumed was they were the beneficiary of the DOT, but maybe it’s that security instrument in securitization. I don’t know. But the title does revert back to the homeowner when there is an issue that voids the DOT, including having property (the title) but no beneficiary, because a DOT does not serve the Trustee. The Trustee cannot also be the beneficiary. So if the trust is void, then the property reverts back to the grantor who can create another trust if they choose. There is no way property is placed in trust and lost if the beneficiary walks away from it without assigning someone else to take over it.

    There is no way a trustee can default into owning property of the trust just because the grantor happened to pick someone that walked away.

    There was a guy in England that taught some basic trust classes on youtube. It was interesting how convoluted they can become.

    Trespass Unwanted, Alive, In Being, Conscience, Creator

  44. There is no good excuse for treason. These politicians allowed these greedy bank owner crooks to commit 9/11, rob us into poverty and impose Martial Law on We The People… Wake the Hell Up America…! Why would you stand for this….? That in itself is a crime, it is worse than what the criminals have done to know they have done these things to We The People with the full intent to steal everything from us and destroy our Constitutional Republic and the people keep cooperating with them. Will it take…? Complete chaos and a military takeover to stand up for ourselves…? Then it will be too late.

  45. It is the bank owners who are the tyrant dictator’s hiding behind the scenes. They are lousy cowards and pay their bank perps well to get their dirty work done. They pay everyone else dirt and they spit all over them like the cops and the soldiers and the employees of their big box stores. Use and abuse is all they do and when they are done using you up they discard you like trash. Like the illnesses they manufacture that they have the cures for, they are control freaks who are loyal to no one.

  46. The bank attorney actually told the judge it looks like I copied my motion off of the Internet….! To that I responded there is no where you can go on the Internet and find that motion….I have the hand written rough draft at home…would you like to see it..? I told him, I can back up anything in there. The judge was unphased by the heated exchange. I let the attorney have it out in the hall & said why would you say I copied that off the Internet…? He said where did you get your information from…? I said many sources. We argued back and forth but the confrontation ended on good terms because I proved to him I knew what I was talking about. He blamed the judge for violating my rights however, it was a real railroad job by both. The banks don’t like being called crooks and the judges don’t like being told they are not following the rule of law but, the truth is the truth.

  47. The judges certainly don’t like hearing we know the truth. Those gold fringed traitor flags need to come out of the courtrooms. It is a national disgrace.

  48. it seems the judges here are becoming increasingly hostile.

  49. The judges don’t like being called dictators but I don’t shy away from controversy . I put everything in my motion and not surprisingly, the judge dismissed my motion w/o Prejudice and stated no reason. At least they know they are not fooling me. I told him I am going to file it again….he said no your not, the bank is going to file a motion to summary judgement so I filed my motion to summary judgement. The clerk of the court asked me why are you filing that, and not the bank….?. I said, because I can. I told her 74% of motions to summary judgement are filed by defendant’s …she said she didn’t know that. I told her the people are becoming more pro active and to that she smiled. Thank God right…? I have had enough of their b.s. in the courtrooms. This is our country because We The People pay for everything.

  50. Paul Ryan interviewed on Kudlow tonight…what a complete commie. He want’s $5 trillion in spending cuts as if the American people aren’t suffering enough for the crimes of the bank owners. The nerve…$60.4 trillion of our wealth and 20 + million in our property stolen by the bank owners and they never lent a dime. I never liked Paul Ryan and now I despise him.

    They obviously wont stop terrorizing the American people until the people walk out and sue every last one of these crooks for intent to deceive to extort and rob ALL OF US out of legal right to Life, Liberty and Property….our Constitutional Republic.

  51. i found out you can attack an exhibit by the adversary despite the judge admitting it into evidence, even if admissible – doesnt mean to say its accurate. just saying not an attorney

  52. Neil, you are welcome to critique my case but you prob dont have time, yes dates matter and these are my partites where it all began , indymac , one west after FDIC and their deal, they had claiming a security interest under deutsche trust and HSBC as trustee (not) 4 darn years nearly, they got everything i had worked for my entire life- yeah , like millions of others, its hell…now- case number 12-16192 , 9th circuit court of appeals- im hanging in there
    its complicated (not my doing) but i wish you would all take a look and see the challenges im having, and be prepared, others need to see this and what is going on in our courts im not taken seriously AND WE ALL KNOW THEY SIMPLY HATE PRO SE ERS, but im telling you all, its done correctly and theres case law you may draw from as useful in your own cases. im no attorney and i would never choose to be, im a nurse but i worked really hard and hired help , its the best i could do because 1, no atty in AZ would touch my case because too risky for them, and 2. i could not afford the big retainers required otherwise…anyhoo, if you have pacer its an” education” thats all im saying and its public info.

  53. Securities investors funded nothing and are never the creditor.
    Servicers purchase default debt (collection rights) from trusts on behalf of another entity…then continue collection on behalf of default debt buyer…current creditor rarely divulged.

  54. True Shelley….non-judicial foreclosures are complete communism..and they are unconstitutional & illegal….Judicial foreclosures are Naziism….sneaky totalitarianism ….. either way it comes up martial law & it is criminal. We The People have committed no crimes. Time to sue the totalitarian beastialty AKA….The bank owners & all their minions & cohorts. DOT States are the worst felons because there are no DOTS…..THEY ARE LYING CROOKS.

  55. Correct error…one attorney found there were 607 investors in his clients ONE property. That is unnacceptable and precisely why these foreclosures should have never happened.

  56. When the Issuer failed to set up the trusts that allowed the banks to pass around the dirty deals….credit swap and trade and overissue investments with no accountability because there were no trusts. One attorney found there were 607 investors in his clients on property. That’s why trust laws are strict & important as well as Securities Laws.

  57. What do you mean? We have been robbed both non and judicial court states from Washington State and Calif to New York and Florida to over seas Hawaii. Organized crime has made this all to easy no matter non judicial nor judicial.

  58. So right on! and the judges have been giving free houses to the banks on credit bids!.

  59. I would Never buy a property in a DOT state. Its Highway Robbery!

  60. Had the loans gone into the trusts, the banks would not have been able to claim ownership of the loans and trade/gamble them on WS. What burns my biskets is that the Buttwipes used Invester money to fund knowingly bad loans, claim ownership of the loan, trade it on WS and bet that the loan will fail (you know it will … if you set it up to fail). Then the Buttwipes Reap their Rewards of their Frauds, boot the homeowner to the curb, steal the house, and dump the losses on the trusts/investers whose money was used to fund the loans. I have No use for Buttwipes!!

  61. Why could the title companies not record the legal lien…? The banks never perfected it by Acceptance & Consideration …

  62. The trustees from the title companies duties are limited. One of their most important fiduciary duties is to record the legal lien. They didn’t do that because by law, they could not.

  63. If they wanted legally enforceable liens, they would have recorded the legal assignments. Illinois conveyance law requires it. Why would they record the mortgage & not the legal lien…to defraud us, that’s why.

  64. That’s not why there are judicial foreclosures jg..due process is our legal right regarding property….the trusts were supposed to be created if they were selling investments in the instruments. In order to convert the instruments they had to pay them off….UCC 3…by Acceptance & Consideration..That is SECURITIZATION…and it must be done in 90 days of the closing of the trust. They did none of that because they could not have overissued between several banks. The trust would have kept them from destroying the value of our properties.

  65. That’s why mortgages require judicial foreclosure. There’s no trust created, there’s no beneficiary, there’s no trustee empowered to do anything, including quieting title (against the homeowner) by a foreclosure sale. Why some states still use mortgages, I don’t know, but I suspect it’s because they don’t like non-judicial foreclosure with good reason. But I’m no expert on what laws may have been changed while we were sleeping in regard to mortgages, as have some in regard to dot’s.

  66. TU – I think an unrecorded assignment is valid, just like a deed, between the parties thereto. But I believe to be good against the borrower, as with any other third parties without notice, it requires notice. There was a touted case last year, for example, wherein the judge said any assgt executed by a so and so officer of a corp was binding, as if that were the end of the story. The law the judge cited just says that the act of so and so at a corporation binds that corporation and he misapplied the law by finding tht had any relevance to the borrower in so far as the borrower had no Notice. Plus you can’t assign something you don’t have. MERS can’t even assign their nominal status – all they can do is relinquish it. That’s the way I see it.

    The borrower is appropriately called the grantor in a dot because he is the one granting bare naked title to his home to the dot trusee for the benefit of the lender, known as the beneficiary in the dot. That’s why the lender is called the beneficiary in a dot – it’s a trust and trusts need a beneficiary. The borrower is the grantor/trustor entrusting his bare naked title to the dot trustee/grantee for the benefit of the lender, the beneficiary of the trust, to secure his loan. The borrower remains the owner of record and retains his interests subject to those granted the trustee.
    The dot allows the legit trustee to quiet title in favor of the successful bidder at the f/c sale. The successful bidder at sale receives the dot trustee’s deed, which conveys to the successful bidder both forms of title: the purchaser gets the title held by the dot trustee and the title held by the homeowner: both equitable and bare naked title. The dot trustee’s form of title is toast as to the dot trustee, as is the homeowner’s as to the homeowner.
    It’s important to note that the ben does not acquire any form of title by a dot. He’s only the beneficiary of the trust created and only acquires any title at all if he”s the successful bidder at sale.
    A mortgage, on the other hand, is strictly a lien not involving a transfer (aka conveyance) of title to anyone, which is why I about croaked when I saw a mtg from NJ purporting to convey title to MERS. It’s an outrage.
    Mortgages to my knowledge (back to 70′s) have never conveyed any form of title to the lender. There’s no trust created and/so no trustee is involved.
    lay opinions as always

  67. I am so proud of attorney Ha Dao for for this case. She is now my attorney and she is making waves in WA courts. Judge Lasnik deserves a big thanks for being impartial and allowing the hearings to prove the consistent fraud. Other judges have blocked the truth and discovery of this fraud. It is a real crap shoot in the State of WA which judge goes by the rule of law and impartiality and which judge blocks justice. I am grateful both Ha and Judge Lasnik.

  68. I click on the link to “Walls…” but there is no transfer to the info itself.

  69. The evil is now apparent to the five senses like never before.

  70. For example, I was talking to one of my kids friends who told me……you can tell who the ones are that are going to hell. He has an open mind so he can see.

  71. Life is much more interesting when you can see things others can’t. I see this war as a spiritual war playing out in real time. Everyone can see if they open their minds. A closed mind is not a safe haven.

  72. E Tolle…I know how to use more than the 3 cells they activited. It’s called thinking outside of the cage. Don’t believe everything you are told & believe in things you cannot see. You should try it. Maybe your existance wouldn’t be so miserable.

  73. LOL…

  74. The dots keep connecting….dot..dot…dot.

    Those are your brain cells firing….all three of them.

  75. Remember the original movie the Omen and the Latin they spoke…? It all makes sense now. The dots keep connecting….dot..dot…dot.

  76. You know you are on track when the trolls attack. I obviously have have enough grey matter to see the grey matters. It’s much more than that though. This spiritual war is now apparent on its face, just like the fraud. It is no longer hidden in secrecy. All traitors are being revealed as promised. Now there is visible evidence of what was the unseen. I feel very humbled by that revelation.

  77. ” It’s all being spoken in Latin so you don’t know what they are saying but it sounds weird. “

    Is there a slight, even a remote possibility that you could prove to be any more lacking in grey matter? You are without a doubt the most brainless idiot I’ve ever encountered. How did you ever procreate? And the rest of mankind woefully asks, why?

  78. Lots of symbolism..

  79. It’s all being spoken in Latin so you don’t know what they are saying but it sounds weird.

  80. I remember the last televised “election” when the reporter said the rumor was the next pope would be a black pope. Now we know they definitely were not talking about the color of his skin. There are lots of wolves in sheep’s clothes.

  81. It is all live on CNN right now. The commencement might be found on CNNs website. They sure are freaking me out.

  82. Stripes, sometimes CNN videos are on youtube.
    Can you tell me more about the video so I can try to find it?

    I’m nondenominational. I AM spiritual. I know the Creator in me is the same Creator in you. I know we are One.

    Trespass Unwanted, Light, Life, Conscience, Creator

  83. I am Catholic but, that commencement to the papal enclave is creepy with that music playing on CNN. It creeped me out so much, I had to hurry up and shut it off. It really does look and sound like a satanic ritual. I was always skeptical about a lot of church rituals but even in the midst of all that, I always felt a presence of good. I definitely see this war between good and evil playing out in real time.

  84. End unjust mortgage servicing,sign on share my petition on “mortgage fairness” on care2

  85. John Gault
    Your comment at http://livinglies.wordpress.com/2013/03/11/student-loans-housing-and-poverty-in-the-u-s/#comment-205694

    This is from a recent AZ case. I recently read and to my woe didn’t save a case which said a dot is to be treated like a deed. The operative factor for conveyance when it comes to a deed is delivery:
    the transfer becomes effective upon that delivery and not sooner.
    If that’s true for dot’s, then this back-dating rubbish should be called what it is.
    NG, maybe when you have nothing else to do (!), you could
    find something(s) on point. In this case, the bankster, at the time it substituted the dot trustee, was sans the assignment of the dot. Only the ben may substitute the trustee. Don’t know how they pulled this one off since I only read a review, but it’s a load.

    My comment in this post is how they set up that right to do what was done, but over time, the paper that gave the right disappears.

    A notice is temporary, and I don’t know who ever approved that something temporary can be used to establish something permanent, unless fraud is involved. This is a house built upon the sand. It corrupts the records by not showing where the standing came from.

    There has to be an assignment to give the pretender the right to file a deed of trust. I read an opinion from the corrupted courts that said that the assignment needs exist but doesn’t have to be filed to be valid. It was one of those MERs cases where the judge was keeping his retirement plan alive with all the theft of property.

    Stripes, you said something about that IRS legal notice to the banks. “these are debts the banks owe us on their balance sheets, not their assets. They sure owe the IRS a ton and our properties are not their collateral because of the Origination Fraud…” I think that notice was telling the banks that they owe us the money when they sell the home. That their business is not the home reselling business, because if it was, some improvement would be made to the home when they sold it. It was telling them they can’t acquire property by foreclosure and turn around and sell it “as is”, keep ALL of the proceeds of the sale, and call it an asset on their books nor keep the money. So if they were paid insurance for the default and still took the home so they could have the title, then when they sold the home, we should have gotten a nice check in the mail. I think it was telling them they can’t foreclose just to get the title either.

    See once they separated the note and the deed, the title reverted back to the grantor of the deed. There was nothing in the Deed of Trust for the beneficiary because the Trustee was holding the title for the beneficiary who had ‘both the note and an interest ‘secured’ in the property’. No one was holder of both. But to get the title from that trustee, they created a substitute trustee who stole the home, and got the title and then the bank hurried up and sold it to create a new connection where both title and deed were not separated again.

    It was the wild, wild, west of banking, but someone had to keep all the paperwork together on this so anyone on the outside of their game could peel back the la(w)yers I mean layers.

    When corporations rule people, people suffer and this is against natural law. When people rule corporations, we will have our rights and right to property returned to us.

  86. The bank owners, their minions and cohorts do have a serious God complex. The bank owners declared a secret war on U.S. soil and have exalted themselves Too Big To Fail in the U.S.A…. have stolen $60.4 trillion of our wealth since 2008 and 20 + million of our properties and continue to terrorize us on a daily basis because the traitor politicians allowed them to invest in everything we own, pay for and labor for. They have been allowed to rob us of nearly everything, they even want our guns because they declared secret martial law on US. Millions can’t find a way to make a living, and can’t afford their basic needs because of what these felons did. How much more arrogant could they be….? They are the self appointed kings and queens of terrorism.

  87. #1 is my case. On top of NOT being the lender of record. NOT having an assignment and NOT ever receiving a dime from me,
    The supposed substitute trustee filed the notice of acceleration on the 7th of the month, and then ‘recorded’ the assignment as substitute trustee on the 10th of the month.

    You cannot exercise a power you do not have.

    I got notice the pretender would be my new servicer on the 11th and objected, strongly. I even sent in the next month’s mortgage to my current servicer immediately upon receipt of that change and put Paid in Full on the Memo Line. The prior lender held the next month mortgage check and passed it over to the pretender; who cashed it from looking at the back of the check, even though it was not written out to them. I began to wonder if the pretender hadn’t taken over already and was using the previous servicer’s letterhead to inform us of the change, thus my check to the prior servicer was received in their hands without disclosure. The nasty things they do.

    The trustee notice of acceleration was filed in court, a notice is like putting something on a bulletin board, it has a length of time it is valid until it’s destroyed. the court only keep notices for a year but made an exception with foreclosures and kept it for two – having gone to the court house, NOT representing any CORPORATION created by the state, but trying to save my right to food, clothing, and shelter; I got that notice admitted as evidence in the court record, so it’s there and not destroyed.

    IT IS the first piece that they use to establish their right to steal. Then by their own system of control they destroy it and what’s left are papers that make it look like they had the right, power, and authority to do what they did.

    But they file these things as if the servicer gave them permission, but without an assignment the servicer can’t give them permission to do a thing, and they transfer title as if I gave them permission, showing the CORPORATION name that looks like mine as the GRANTOR and them as the GRANTEE.

    I remember a clerk telling me, the GRANTOR is the one selling the home, the GRANTEE is the one buying it.

    I thought to myself, why is my DEED of trust showing me as GRANTOR and the servicer as GRANTEE and I’m the one paying them? It was later when I realized the signature on the note, created the money out of thin air and that nothing was loaned, that I realized that DEED of Trust was a DEED of NO TRUST.

    Trespass Unwanted, Corporeal, Life, Free, People, Independent State, Conscience, Alive, In Being, In Jure Proprio, Jure Divino

  88. Lying is one thing. Committing inumerable felonies in a court of law to gain unjust enrichment and permanently harm millions of Americans who did nothing wrong is another. Their felony frauds are apparent on the face of every document.

    These fraudclosures amount to no more than sheer greed by some really despicable people. To even call them people is being much to kind. They are enough to make anyone want to push them off of a cliff and I am again, being much to kind.

    Time the crooks paid for their crimes and stop being allowed to hide behind the judges robes. They are wantoned criminal felons and it is about time they were treated as such.

  89. Please sign my petition on “mortgage fairness” on care2.Illegality should not be tolorated in the mortgage industry-Patrick Ainsworth

  90. Well I sent QWR to Bank of America #179390507 and BlankRome law firm responded by telling me I asked for too much information. They declined to answers all questions. Then added a few documents and while I reviewed I notice that the same document sent to me by Bank of America did NOT have my signature while BlankRome document had my signature. This is the SECOND time BlankRome law firm sent me (as representatives for Bank of America) fraudulent documetns. Between the TWO companies I have more fraud than reality.

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