Extinguishment of Mortgage Lien by HOA/Condo

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D.C. Court of Appeals Extinguishes Lender’s Mortgage Lien Following Lien Foreclosure

Article by Roger D. Winston and Joseph E. Lubinski

Brought to my attention by Charlie Lincoln and Charles Koppa, forensic analyst

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For unknown reasons I cannot upload the email that was sent to me by Charles Koppa which enclosed the email from Lincoln who I presume was quoting from an article by Winston and Lubinski.

In many states, including Florida, the statutes protect homeowner associations and condominium associations from foreclosure abuse by the banks. The usual method of protection is to give the Association lien for unpaid assessments priority over any claim by any party asserting rights arising from a lien encumbering the property pursuant to a recorded mortgage.

This protection was put in place as a result of banks delaying foreclosure so they would not have to pay for the association assessments, taxes, maintenance and insurance. I have previously written about this over the years. Apparently attorneys for homeowner associations and condominium associations have realized that they can protect their clients. Where the assessments have not been paid pursuant to a declaration of condominium or a declaration of restrictions the Association can file a lien with the county recorder’s office. Upon proper notice, the Association can file a foreclosure action naming not only the unit owner, but also other lien holders including parties claiming rights under a mortgage.

A recent decision by the District of Columbia Court of Appeals, the associations assessment lien was deemed senior to mortgages and deeds of trust “to the extent of the common expense assessments based on the periodic budget adopted by the unit owners Association which would have become due in the absence of acceleration during the six months immediately preceding institution of an action to enforce the lien.”

The case is Chase Plaza condominium Association v  J.P. Morgan Chase Bank. The Court of Appeals reversed the trial court stating that the foreclosure of the Association’s Lane extinguished the alleged lenders mortgage lien. “The court based its decision on common-law principles of lean priority and the absence of a clear intent in the associations governing documents to subordinate the associations assessment lien as against mortgages and deeds of trust.”

This decision will no doubt have significant impact on litigation between associations and alleged lenders. It is also an opportunity to distinguish between the proof presented by the Association at trial (or summary judgment) and the proof presented by the alleged lender.

The Association will bring in its bookkeeper or management agent who will be the party who keeps the books for the Association and will be able to testify as to all details concerning payments received from anyone, how they were posted, and what balance is due using simple arithmetic.

In cases where the loan is subject to claims of securitization the alleged lender will be relying upon layers of presumptions and assumptions rather than proof. This will highlight the essential defects and fraudulent nature of claims to collect, enforce or foreclose on mortgages that should be nullified or on assignments that are void.

This presents some interesting opportunities for both associations and unit owners who are having trouble with their lender. There does not appear to be any prohibition against the Association entering into any agreement with the unit owner who is delinquent in his or her assessments. The Association could extinguish the mortgage lien and then rent or sell the unit to the original unit owner. This would avoid another housing unit becoming a statistic in zombie foreclosures. It would also avoid many foreclosures that would otherwise be filed by alleged lenders.

The authors note that “for lenders the decision complicates loan enforcement strategies on current loans and may require modification to underwriting requirements and loan document escrow provisions in the future. In addition, this interpretation may result in new secondary mortgage agency requirements for condominium documents to require waivers, notices and/or opportunities for lenders to cure.”

The protection offered by legislatures of each state that has passed similar legislation is therefore expected to come under challenge by the banks, whose abuse went to the protection of associations in the first place. It will be interesting to see what happens.

85 Responses

  1. Why would your soon to be ex husband want you to quit smoking? I certainly am not about to quit to please anybody. Why would he tell you that he wants to “help” you with the FC mess that he himself created? I am no ones possession and I am certainly no ones mail order possession. This is a very sick country because there are some very sick maniacal and diabolical control freaks who have hijacked it. They really think and believe that investing in their own fraud is ownership. That is what is being fraudulently concealed in fraudclosure.

  2. My Italian Grandfather who was born in Naples, Italy once told me the inside of my house looks like a church.

  3. Correction. The entire manufactured incident began in Frankfort. That Mokena cop was out of his jurisdiction and literally had no badge on the evening he pulled me over for what I found out later was for “not having my headlights on.” He acted weird at the start by asking me “what are you doing out?” I knew he was lying to me when I asked him what I did, he told me I was sitting the wrong way in two lanes of traffic. I knew I never stopped moving the entire time I was on Lagrange road. He acted violent
    towards me for no reason at all. He demanded I get out of my car or he said he would smash my car window after
    taking my drivers license from me. I sensed that he may have been an imposter, so I drove away. All I could think to do was drive far away. I intended to go to Aurora to get a hotel but I must have missed the exit and I somehow ended up in DeKalb County where I was nearly killed by the State cops. I did not see them until right before they blew my tires out. They were supposedly trying to pull me over for
    driving erratically. That was also
    absolutely untrue. The cop who I found out months later was an Ogle County “peace officer”,” literally busted out my drivers window while he was
    screaming at me to get out of my SUV. I
    got out of my car and the cops began
    brutally beating me up and did not
    stop until I started praying out loud.
    One cop pounded my forehead off of
    the pavement in the middle of the
    roadway. It was a nightmare.

    If this can happen to me, a good upstanding citizen with no prior criminal record, and a perfect driving record, this can happen to
    anybody.

  4. The cop from Mokena where the entire manufactured incident began was posing as the state prosecutor in Will County court. One of the state cops who questioned me at state headquarters in DeKalb that evening was one of the attorneys from Fisher & Shapiro. Moreover, one of the “ER” nurses showed up at my court hearing at the Daley Center on my motion for summary judgement re my house fraud closure
    last May which was a set up. They were all definitely planning on pulling a shot on me that day. That is why I walked out. They are all definitely playing some serious mind games with me to try and control me and my soon to be ex is the ringleader who is being directed by his evil counterpart to this entire fraud closure scam. .

    The crazier it sounds, the more true it is.

  5. I literally had his criminal friends up on my roof over the summer posing as insurance agents. I told my soon to be ex I knew they were some sort of agents from some spy agency. He told me they were FBI agents and they wanted to come into my house and talk to me to which I told him no they are not and they are not welcome to come into my house.

  6. Imagine members of your own family trying to convince you to get on drugs because your husband wants to steal your free will. Imagine having a husband who thinks he is above the law and had the right to sell you off as his own debt he created by counterfeiting mortgage notes in your name without your consent. Moreover, imagine your husband that you trusted, sold you as his “debt” to a foreign power because he always secretly hated you.

  7. After I got home from the “ER” event he manufactured last spring, I was finding zanax pills laying around the floors of my house. No one in my house was ever prescribed that drug and I don’t believe in that stuff so obviously there was an attempt at some sort of a frame job. The scariest part about it was one of my 2 little dogs could have eaten one of those pills and died. I also found crushed up pills in my couch coushin. I was appalled. I don’t drink either, and the public defender from DeKalb County implied I had been drinking the night of the manufactured incident by my ex to which is quite disturbing. Then there was the incident with my sister and father a few days after the ER incident where they tried to convince me to get on some drug. My father became enraged with me because I refused. He told me not to come to his funeral. I had visited my mother a few times in the weeks prior. My sister has been living there with her husband and dog because she was fraud closed upon. She literally had a bowl of zanax and tried to convince me to take it to which I told her no way. I don’t believe in that stuff. Then there was the incident on our 32nd wedding anniversary when my soon to be ex scratched his own chin and had me arrested. One of the cops told me to do myself a favor and “get on some meds.” I was appalled by that remark to say the least. I told him no, my soon to be ex needs to because he punched me in my head on the way to court that morning and manufactured this whole thing. To which the jerk cop said nothing.

  8. My soon to be ex thinks I should be on a drug that allows him to control my destiny. He has told me many times that he just wants me to happy but not “mad.” That makes no sense whatsoever because when you want a divorce you only care about your own happiness. As far as getting “mad” goes,
    I have never been “mad” about defending fraudclosure. He simply never thought I was intelligent enough to find out what he did to me. That doesn’t make me “mad” either. It just makes me want a divorce from him which clearly he is trying to direct me in which way to proceed in that matter and that is why he is living here. He is trying to force me to comply, cooperate and conform to all of his fraud to which I refuse. Furthermore there isn’t a drug that I would take that I would allow him to do that to me. That is why he drugged my coffee and then stopped drugging my coffee last spring. He was trying to control my destiny and he thought he had a right to control. He also knew he got caught trying to sell me off to his criminal friends. That is not only illegal it is sick, and quite frankly, sadistic. This is the nightmare that I am living for ever trusting him.

  9. The reason we are here is because the RPII who committed 9/11 was never revealed. It takes a catastrophe like fraud closure from some people to
    B
    EL
    I
    EVE
    INTH
    INGSYO
    CANNO
    TSEE

  10. My soon to be ex has been telling me he wants a divorce for well over a year now. He told me several months ago that he “already filed” yet I have yet to be served. He continues to live in my house only to take advantage of the terrible situation he caused me by filing 2 fraud closure suits against me as a secret way to try and strip me of all of my assets. He has gotten away with terrorizing me in my own house, threatening to kill me, hitting me and all sorts of other abuses because he has criminal friends hidden in the local government. He intentionally tries to aggravate me whenever he is here, and I refuse to take the bait. So far he has gotten away with blaming me for his own crimes against me because he knows I am stuck here for now. My father, who is a retired FBI
    agent father told me not play into his and his cohorts and minions hands.

  11. There are secret proceedings going on in these County courtrooms and that is why the traitors from within are blocking the Federal Government from interviewing public officials.

    There was a news report on WGN news in Chicago several months ago about this very issue. They reported about how the Federal Government has been trying to get inside of the
    Cook County courtrooms and interview judges and employees and they were told not to talk to them. The implication was the head judge was the one who was promoting this behavior. Obviously there is a lot to investigate being Cook County was named the most corrupt county in the country. However, this type of corruption that is Capitalist Cronyism by and large, can be found in many
    other counties in this State as well. The corruption has reached biblical proportions in this State.

    The “Capitalists,” and their cronyism is so virulent between these “investors,” their cohorts and minions that the
    corruption is of biblical proportions. Especially when your spouse is under Federal Investigation for mortgage fraud and many other frauds, as in my case. They will take advantage of your situation and do
    anything they can to try and ruin your life.

  12. As a result of allowing the politicians, the cops and the Judges to invest their pensions in our Liberties, we have the local & county branches of the State Government vis a via, the State Government, blocking the Federal Government from investigating the mortgage fraud.

    That is because foreign investors who are not working in the best interest of these United States are controlling the Board of Directors of Corporate America posing as Americans. They are infiltrated everywhere trying to control their own
    fraud through and with many perps.

    Things are very dangerous in this
    country as a result and you don’t necessarily have to be defending fraud closure to see something is just not right in this country.

    Too many Americans are drinking the CIA cola.

  13. This is why I believe no one should be allowed to invest in anything that effects our life, liberty or property. The reason is clear is that effects our ability to defend our liberties.

  14. I had a conversation with a friend of my soon to be ex husband a couple of years ago about my FC fight. He is an ex Marine and was very interested in hearing about my fight. He told me he was sorry to hear about this. He told me he could not believe what I knew. I asked him if all of this comes down to an open war on U.S. soil whose side would he be on? He said “the good guys.” I thought that was rather evasive. However, we have to have faith. We just so happened to be at an Elvis party that night at a friends house in south suburban Oak Lawn Illinois that night. One of the neighbors called the cops about noise and a very heated verbal argument ensued between the owner and one of his guests with the cops who were extremely hostile with them. The cops
    went so far as to send paddy wagons to a peaceful gathering of mostly 50 something’s who were attending an Elvis party with an Elvis impersonator no less. This type of abuse of power is precisely what I have endured. It really does appear we are being occupied by a foreign power who does not act in their own name. Just like in FC.

  15. May I add, the Russians are not called out by name per se, in the book Omerta but, the implications are clear if you have a basic understanding about how Russian espionage works is by secret infiltration. That is why Russian espionage agents can be just about anybody.

  16. However, had I not defended these 2 FC pro se, the outcome would have been worse. The reason being is that FC is a secret divorce proceeding. Moreover, it was is intended to fraudulently conceal not only that but, the crimes that were committed against the Defendant were committed secretly, in the Defendants name without their knowledge or consent. That is why the Plaintiff does not act in their own name to block discovery of the principal agent bringing the FC, as well as the who,
    what, where, when, why and how you are under attack. In my cases it is a Sicillian Vendetta against my bloodline. AKA the Omerta Code. The last installment of the Godfather series by Mario Puzo is entitled Omerta. It describes how the Sicilian
    mob operates in concert with the Russians who hate our freedom, vis a vis banks and their own attorneys. Godfather III portrays
    how they betrayed the Vatican in their Vendetta against the Vatican, God,
    Catholics , the Catholic faith, the Catholic religion, and all of humanity.

    However, I would have never found out the truth had I not done the
    research and discovery into what can only be described as a massive crime
    scene that is in fact a Vendetta against the aforementioned.

  17. Defending FC pro se is stressful but not for the reasons one would think. It is a spiritual war on the mind and body of the victim to try and steal the soul of its intended target. That is why defending FC pro se is an intense psychological war that fully intends to emotionally and physically destroy its victim. This is why I always ask God for help and entrust all of my faith in him. Without my faith I would have no doubt, been dead by now.

  18. I don’t get mad because I know their sins are between them and God. However, I would not want to be them on judgement day.

  19. Defending yourself in fraudclosure is used as a method of control in how it forces your mind to go to places you never wanted to go. Like for example the scene of the original crime where you were never supposed to remember what went on in that room. Like the bar my sons band played at last night that I was invited to go but declined the offer by my soon to be ex. The reason why I did not know until today that bar, Quigleys, is a crime scene. He was trying to upset me by jarring my memory because he does not think I know about the rosehiphinal he slipped in my glass of wine that night when I went to the
    bathroom.

  20. This all causes me to wonder how many missing people are kidnapped because they were sold off into some form of human slavery and bondage.

    I have had my drivers license hijacked to try and make me a prisoner in my own mind. These “investors” have tried to overwhelm me with tons of manufactured illegal b.s. and convince me of all sorts of lies about myself. My soon to be ex drugged my coffee to try and control my life. He has had cops, lawyers and doctors lie for him to me and about me. The bottom line is, my soon to be
    ex is a sellout to the Russians. He
    sold out something he had no legal
    right to sell which is the freewill of his
    own wife and kids. That is an abomination.

    The bible talks about the abomination
    of desolation that would be the
    precursor to the end.

  21. Moreover, these unsecured debt collectors who buy debt fraud, as well as the sellers of it think they own you and your destiny.

  22. Could my soon to be ex husband be honest and tell me he sold me and my kids off on wall street to the highest bidder as his debt? Or how about who that debt buyer is? Of course not, because that is human trafficking under the guise of debt and that is illegal. This gives a new meaning to “this is an attempt to collect a debt.”

    Buyer beware of unsecured debt
    collectors who claim they own your property because they think they own you.

  23. They will try to convince you of so many lies about yourself that it is actually laughable. Their joke is really on them. That is why honesty is the best policy and lies, fraud and deceit are a road to nowhere.

  24. They always drug their victims to try and seduce them into their evil plans. However it just does not work like that. You cannot steal the freewill of another or you lose.

  25. They want to put my gifts on ice by trying to control my free will so they can sneak me off to the Russians. However, it just does not work like that because God is in control.

  26. An Ascended Master is a person who is in touch with the spiritual world.

  27. Being an Ascended Master makes one an extremely valuable asset to any Government or Governmental agency. That is why the FBI hired me to investigate my soon to be ex, etc.

  28. Perfection of order by ordinal perfection is what this evil really fears. That can only be accomplished by a true Medici. The reason being, she is an Ascended Master.

  29. Black is white but grey is black and grey and black are Vatican gold.

  30. That is why they are trying to swap out my birth right, my long form birth certificate under the guise of fraudclosure with a far less significant other. They will never get away with doing that however because the Vatican is on them like white on rice.

  31. What the evil doers know is that I am the only Medici who could have been smart enough to restore my family title. They hate the fact that I just so happened to be born in these United States because of the legal rights my natural born U.S. citizenship affords me.

  32. Truth be told no one can legally marry into the Medici bloodline. However, what this Sicilian vendetta is really all about is mind control. The reason being is they feel a need to prove that Medicis are really not “that smart.” Mind control is a big part of their AIG, PRISM Program as well as gang stalking being committed by your own friends and family members. They also employ many perps to do their evil bidding that run the gamut from your own neighbors, to law enforcement, and even paramedics, hospital employees or even a store clerk.

    Their quest to conquer the Constitutional legal rights of a Medici title holder are an illness because they hate the fact she is a U.S. Citizen born here. That is why the “investors” are doing their damndest to make her believe that she has no legal rights. That is simply not the case though the corruption in this country has reached biblical proportions.

  33. May I add those investor tyrants would include members of his and my own family.

    That is why I invoked upon the court, my legal right as a Natural born, U.S. citizen, the 5th Amendment Takings Clause of the U.S. Constitution/Bill of Rights. Because no one, especially not U.S. Government employees, should be allowed to invest in anything that
    effects the legal right of any U.S. citizen to defend their Life, Liberty or Property.

  34. I inadvertently errored about the date I filed my Individual Acknowledgement with the Cook County Chancery Court. It was the 7th of November 2013, not November 17, 2013.

    Ahem, oddly enough, that was the same date of my soon to be ex husbands last attack on me. Those always seem to happen on significant dates such as, Anniversaries and court
    dates. Coincidence? I do not believe in
    those.

    We are all living in an investor
    tyranny in these United States. That is what I discovered by defending myself pro se, in fraudclosure. Moreover, I discovered who the main investor
    tyrant is, my soon to be ex husband.

  35. The truth that has been desperately trying to be hidden from me by these “investors” who my soon to be ex is ringleader of this PRISM Program racket is, I already won these 2 fraudclosure cases hands down as well as vast settlements. That is why the “investors” are desperately seeking my legal signature. They have already gone to great lengths to try
    and criminalize me for their crimes or say that I am nuts or something. However, not only is none of that true,
    I was not born yesterday as I have already stated in a previous comment. My soon to be ex is seeking to control my life and my destiny. He would rather ruin my life if he could not
    control it because he already told me I
    am “too smart.”

    Well here is a news flash for him and his minions and cohorts, God is in
    control. No one has a legal right to pre-determine the destiny of another.

    Truth be told, my soon to be ex and his family have an evil Sicilian vendetta against God
    the Creator and my Medici bloodline
    as well as all of humanity.

    I could not possibly known of the deception or had I known, I would have acted differently. I have stated that in court documents that I filed upon the Cook County, Illinois Court, Chancery Division.

  36. As a pro se defendant I visit this law website for advice. Neil’s website has been very helpful in my fight to try to save my properties from what can only be described as evil masterminds who are also very dangerous thugs. I think the words wontoned criminals is a far more appropriate description about who these people are. Moreover, I go to this blog for positive support, not negative input.

    There are bloggers here who are clearly not being supportive of the plight of others. That not only makes no sense, that is downright evil.

    Moreover, why would anyone who is not in this FC fight, waste hours out of
    their day to try and discredit the fight of others who are clearly working very hard to defend themselves from these crooks? Not only that, when they know because I have clearly stated I am under direct attack by these “investors” who would include my soon to be ex husband himself.
    I know that is all true because these attacks all began a year ago, on November 17, 2013 when I filed my handwritten, Individual Acknowledgent Letter to Judge Price Walker and I gave a copy to the attorneys stating what I had discovered. I only discovered these things by defending myself from FC. Meaning I found these things out
    through no fault of my own. I read that letter to my soon to be ex that stated the “closing attorney” was the culprit. To which my soon to be ex replied to me that I threw him under the bus. That is not only when I knew there was something strange going on but that’s when things became very strained between us to say the least. In other words, I caught him red handed trying to destroy my life.

    Anyone who knows me would say I am the salt of the earth. Therefore, anyone who would support him in his fraud, lies and abuse against me has a
    serious problem to which I can not fathom.

  37. At least I can sleep at night. I don’t know what to say about you my cookie jars except, why are you even on this blog? You are obviously not defending FC by these crooks. Moreover, why are you so bent on convincing me of things that are not true? . at is barring the fact I never asked for your opinion.

    The real question that I have for you my cookie jars is ….. How do you know minute details
    about these FC cases that I have been heart and soul
    defending for nearly 5 years.

    Moreover my cookie jars, why do you care so much about what I think unless you were somehow involved in this “complicated mess” that my soon to be ex created?

    I surmise that you are working vis a vis the opposition. Maybe you are an attorney for Fisher & Shapiro or Aronberg Golgehn Davis and Garmisa and you are working as a spy for Attorney General Lisa Madigans office?

    Regardless of any of that, you are clearly compromised. Therefore, you can save your opinions for someone who cares because I do not.

  38. My cookie jars ….. None of that is true because of the cross collat that involved my principal residence. As far as that insurance check goes, I will not be a party to the investors crimes. If I were to sign that check, I would be admitting they have a legal interest in my properties which they do not because they do not have the original receipt. Not only that but, I have stated
    in open court and responded on the court record that the Plaintiffs committed fraud in my name. Therefore, signing that check or anything with them would make me a party to their crimes against me. Unfortunately for them, I wasn’t born
    yesterday.

  39. Happy Turkey Day everyone! I hope you have a great one and are able to enjoy it with the special ones in your life. Love you all, Stripes

  40. Ivent, the ins ck for the property damage? The one you refused to sign because you didn’t pay the ins premiums youself. And yes, in illinois the non borrowing spouse must consent to a lien if the property is their primary residence by signing the mortgage. I intended to sign a mortgage but that’s not what happened at all. I signed somethig represented as a mortgage but it wasn’t. Attack the Contract!

  41. Both spouses signatures are also required on the Land Trust Agreement aka the Assignment of Beneficial Interest. The Collateral Assignment of Beneficial Interest is the latter to the former in regards to the Legal Assignment. Contemporaneously, when a Mortgage/Note is signed, a Deed of Trust is executed. The Mortgage contract cannot exist without the Legal Assignment because it is the tort to the Original Mortgage Contract. Without the legal assignment firmly attached to the Mortgage meaning RECORDED UPON THE PUBLIC LAND RECORD, the “mortgage” is no more than a
    servicing contract, to wit is valueless
    because the Note(s) that are a mere incident to the mortgage are not only unsecured they can only be considered counterfeit bank notes.
    The legal assignment is a legal
    addendum that is the tort that actually creates the legal mortgage contract. The recording of the legal assignment and filing of the UCC 1 financing statement is securitization because those physical acts by the agent of the Issuer is what securitizes the legal
    lien. There can be no swapping, buying, selling or trading aka
    “privatization” by some unknown third party who calls itself “the plaintiff” in FC without the original “blue ink” legal assignment being firmly attached to Plaintiffs claim as a legal cause of action in regards to a
    claim in tort. Failure to state a claim at the onset of Plaintiffs FC action is a failure by Plaintiffs to demur or plead in abatement. The reason being, Plaintiffs failed to meet the most basic legal requirement under UCC Article 3 at the onset as well as at the commencement of their FC suit in
    bringing a claim in tort by their failure
    to state a claim/
    prove a loss.

    That is tortuous fraudulent misrepresentation by plaintiffs to bring such an infamous suit under false pretenses.
    show proof of loss

  42. If the State prosecutors will not step in and do their job because their pension funds are invested in the mortgage fraud and they are compromised as a result, the FBI should step in and investigate the court records regarding these fc suits. It would then only be a short matter of time before these courtrooms were shut down. Then all of these highly controversial
    FC cases would be either dismissed or won on appeal at the Appellate level for lack of evidence at the least. There would then be a need for large scale criminal investigations that would lead to large scale criminal indictments that would lead to large scale criminal prosecutions of all involved from the judges, to the attorneys to the politicians and so on down the line, from the bottom up to the top down.

  43. There are many issues at controversy between the Plaintiffs attorneys and the Defendant. However, the unresolved controversies being alleged by the Defendant that are not being addressed by the Judges are encyclical to a resolving a claim in tort. The Defendant has given proper notice upon the court about the fraud and has gone as far as to ask the court to check the record for “errors” by the Plaintiffs Attorneys. Therefore, it is the Judge who must do the right thing. The right thing would be for the Judge to invoke the courts particular criminal subject matter jurisdiction in both FC suits and call in a State Prosecutor to examine all of the court documents entered by the Plaintiffs. Then there need to be a call made to the Federal authorities who would appropriately move to indict these crooks under a Federal Subpoena
    for questioning at a Federal Grand
    Jury Hearing. That is what really needs to happen in the Cook County Chancery Courtrooms. The Judges have the power to act in a Federal legal capacity at the Illinois Supreme Court Level but are refusing to uphold
    the most basic legal criterion in regards to bringing a claim in tort. That is not just unfair, that is criminal and should cause all of these judges to be fired and disbarred.

  44. In other words shadowcat, if you are coming to take someone’s property away in Illinois, you better have the original Land Trust Agreement. That Security Agreement is the tort to the Original Real Estate Contract and in order for the Original Contract to be executed creating a Mortgage Contract which is in fact, a U.S. Government backed Securities
    Contract, that tort must have been signed by all parties to the Original
    transaction as well as all pertinent
    facts about the handling and
    management of that Secured Land Trust Agreement must be
    in written form describing in detail all
    pertinent facts regarding that
    transaction. Under New York Trust Law, the Law that governs not only the creation of a U.S. Government backed Security under UCC Articles 3 & 9, but only by the Issuer of the Original paid Credit Agreement, and not by Over Issuance of a U.S. Government backed Security can the tort to a U.S. Govt bscked Security Contract be considered a Secured Investment.
    This is all described in detail in Article 8 of the UCC and laid out in the PSA agreement. The duties of the servicer are laid out in the Prospectus which do not include custodial rights. That means servicers have no legal right to offer you a loan mod, give one or most of all bring a FC suit acting in any legal capacity let alone as Trustee.

  45. What are the legal guidelines in Ilinois shadowcat to which a spouse could be considered in the right capacity to sign the signature of another spouse in regards to purchasing property in the U.S. with U.S. Taxpayer money? That cannot be done shadowcat without a court order stating the other spouse is permanently mentally or physically disabled or both. The only other way for ones spouse to be granted such power of attorney would be by express written consent of the other spouse because the other spouse is acting in a legal capacity as Trustee of a Land Trust. That Land Trust Agreement must have been signed by both spouses and recorded upon the public record as well and we both know that never happened.

  46. We are not talking about your spouse signing your name on a credit card receipt shadowcat. When one spouse takes advantage of the other spouse by cross collateralizing her principal residence without her knowledge or consent that Act involves numerous felonies by all parties to that transaction as well as all parties to the Original “transaction.” The reason
    being is, when a bank employee uses
    a “blanket mortgage” to fraudulently
    conceal not just the Origination Fraud
    committed by the Original Issuer of
    the Original “Bill of Credit,” by misrepresentation of the Original Contract that was in fact a “lease contract” involves numerous other frauds that are Federal crimes prosecutable under RICO. Those felony frauds are numerous. Counterfeiting can be uses to state a claim while Racketeering would be the cause of action in tort that would include several possible felony convictions stemming from the Origination Fraud such as Fraud in the
    Issuance of a U.S. Government
    backed Securities Contract, Fraud in
    the sale and issuance of a U.S.
    Government Security, Fraud in the
    Issuing of Credit, Uttering forged
    documents upon the public record,
    Securities Fraud, Mail Fraud, Wire
    Fraud, Bank Fraud etc …..

  47. That is not true shadowcat in regards to a business transaction that involves taking the collateral out of your principal residence and using that collateral as a down payment on a business purpose loan. Illinois is a spousal state and a common law state so both spouses must sign the mortgage in regards to “the roof over your head.” The notes however are an incident to the mortgage. Meaning both spouses signatures are not needed on the note(s).

  48. From the book “The Thunder of Justice” by Ted and Maureen Flynn:
    The key to world peace was said to be
    the conversion of Russia.

    In his book. “New Lies For The Old,” Antoily Golitsyn, a former high ranking Russian KGB defector, stated that the Soviet Union has plotted a strategy for proposing change in its system since 1958. His book was published in the West in 1984. The Soviets realized they could no longer keep pace with the technological advances of the West. The thinking then was to lull the West to sleep by preaching peace and using Western hard currency and technology, to continue to arm, that is, preach peace and arm for war. The name of the program was known as the “Shelepin Plan,” and it was formerly introduced in 1958. The leaders of the U.S.S.R wanted to see how far they could go to allow apparent democracy in a nation and still fool the West. It was a long-term strategy that was to take them into the next century.

    It was based on two main principles: Disinformation-to eradicate the truth and replace it with lies; and Provocation-to take steps against an enemy which will ultimately benefit the Soviet Union by making the enemy think the opposite. The first trial balloon for the Soviet Union was Chechoslavakia. The program ultimately failed, and the result was the Prague Spring in 1968 with the tanks rolling to squash the uprising of Alexander Dubeck.

    The Soviets learned a lot from this experiment and realized what went wrong. According to Golitsyn, the next step was to instruct perestroika and glastnost-modified versions of the Shelepin Plan based on years of study and experimentation. Golitsyn also contended that all history of country occupation by the USSR was a prelude to glasnost. These experiments of occupying countries and the lessons learned were the testing grounds for the introduction of glastnost and other forms of social reform.

    The former USSR today is in the last stages of the Shelepin Plan or the first stages of the restoration of Masonry. Due to the compartmentalization of Masonry operating on a need-tp-know basis (as all agencies and secret sects), with each level not knowing the others business, only time will tell. It is a fact that the old guard is still firmly entrenched in power in the former Soviet Union.

  49. Ivent/Stripes, FYI, in the state of Illinois a spouse can sign for the other legally.

    *provided they sign in the correct capacity*

    Most often the spouse deposits the check into a joint account indorsed “for deposit only” and the account #.

    State Martial Laws Vary State by State

  50. That falling away of the faith would require decades long, fraud, lies and abuse. It would be caused by treason having been committed by very many traitors from within.

    There are you tube videos by a former KGB agent describing how the agents of their agency would infiltrate everything, including the Catholic
    Church.

    Father Malachi Martin wrote many books on the subject of the
    falling away of faith. He wrote the
    book “Hostage to the Devil.”

    He wrote that the
    smoke of Satan had entered the
    church, and why that would result in
    divine intervention.
    result.

  51. Neidermeyer is right. The truth is we really do not have to dig very deep to uncover the RPII in FC are the Russians and the Chinese as well as the entire G 8 power structure who run the U.N.

    This had all been predicted in the book “The Thunder
    Of Justice” by Ted and Maureen Flynn.

    We are all witnessing the revealing of “The Last Secret of Fatima.” The last secret that was spoken about by
    the late Pope John Paul II, in the book by
    the same name, that was written by
    His Eminence, Secretary of State,
    Cardinal Tarcisio Bertone.

    The last secret would involve a falling away of faith in one God, the Creator. That was revealed by Pope Benedict
    XVI in the foreward to the
    book.

  52. FC is a freemasonic quest that is not what it appears to be. The Holy Grail in FC is not just a “quest for our castle,” per se. It is a quest for “the one who holds the key” to the higher knowledge, aka the forbidden knowledge. That knowledge is a spiritual knowledge that comes directly from God that can never be retrieved.

  53. @ Ivent ,

    Funny you would take this in the direction you did with foreign agents … I sold a house back in 1997 to the Russian mob… they came in with suitcases of cash and approached the property manager that handled my rental house… they bought almost 40 homes in 7 days through just that one company … it doesn’t take much to connect massive money laundering and a willing wall street machine…

  54. Taking their drugs or drinking alcohol will get you kidnapped by the agents of the Russians.

  55. I agree with Gerald Celente that state run capitalism is fascism. However he left out the most important part is who these “capitalists” actually are. The “white shoe boys” he blames for this manufactured economic meltdown are in fact the “investors” just like himself. “White shoe boys” is a communist code name for the “investors.”. You will know who they are mainly because they always claim “losses” even though we bailed them all out and they are still being ‘bailed out” for their own crimes against us to this very day.

  56. While defending yourself in fc, you might discover that you are a high value asset to the “world government” and your “spouse” only married you to destroy your life. He had planned from day one to ship the princess off to a foreign land if not by forced compliance by kidnapping at the appropriate time. All through history the Medici princess went to work for the Russians. Well not this time.

  57. You know you got it when the plaintiffs attorneys start offering you a loan mod after years of their grief. The plaintiffs attorneys supposedly told my soon to be ex that as long as you keep applying for a loan mod you can stay in your house. Say what? That makes no sense whatsoever. Either you are approved or denied. That is besides the fact my affirmative
    defenses were brought on the basis
    of the origination fraud. If I were to
    apply for a loan mod now I would be
    calling
    myself a liar. Also, by doing so, I would be handing them over my
    house.

    What the plaintiff really wants of course is your
    signature. The plaintiff will go to virtually any lengths to try and get it.

    Won’t cooperate? How about we gang up on our targeted victim, and say she is mentally incompetent? We will force her to admit herself
    to the hospital and make her say she
    had a “nervous breakdown” so we “investors” can
    throw around her things like meaningless junk, and steal from her some of her personal belongings. Then when she
    gets released from our very own FEMA camp prison. That should make her upset enough to “flip out” and make her sign an insurance fraud check from the “investors” who would include her own soon to be ex spouse and several of your own”family
    members.”While she is locked up in the hospital, we will try and get her to ‘sign up
    up for public aid. That way when we
    set up her next trip to the fascist, state
    run ,’Looney bin, it will be off of the
    U.S. taxpayers back. These are some
    of the ways these traitors operate who want to control your destiny. Or you will be told to ask the hospital to “forgive” the bill they fraudulently induced upon you because you never asked to go there in the first place. If they can’t criminalize you for their crimes, the “investors” will have their attorneys
    call you a call you crazy. You know one of those “investors” is your own spouse when there is only one side of the story that is being heard, his. Just
    like in fc court.

    Or how about your spouse finds a way to rub his forced hospital stay into you by allowing you to find out he was out partying it up all night long on the very night that he had his criminal “investor” friends unlawfully enter into
    your house and put you in the “hospital.”

  58. I had a nurse at the hospital ask me if my retired FBI agent father was “nuts” for telling me to call the white collar crimes division of the FBI regarding the fraud in the “mortgages.”

    What that tells me is there is not only a huge cover up going on here but, a vast criminal conspiracy. There is an nsurance scam by AIG, that is being hidden from the light.
    behind all of these fraudclosures. That vast criminal conspiracy may involve members of your own family but mainly your own spouse. That is why the RPII is hidden, and you were never meant to find that out. So if your spouse starts asking for a divorce and calling you “nuts” while you are working your ass off defending fc, that is because you caught the traitor(s) “red handed” trying to turn you into a serf. A serf is even worse than a “commoner” because a serf is stripped of all of their assets and reduced to a slave. In that manufactured slavedom you are also considered by the traitor(s), countryless. Meaning the traitors decided long ago that you have no
    legal rights in these United States. However, because of 9-11, you are governing yourself under the 42nd bylaw of the U.S. Constitution aka The
    U.S. Bill of Rights. As a result of all of the treason, we have been
    reverted back to the original Articles of Confederation. Meaning We The
    People who were born in the U.S.A.
    are once again a self governing
    nation. That is also why the RPII wants to take away our Second Amendment right to bear arms vis a vis the healthcare scofflaw. Though this war is being hidden from the many in fc, this war being waged is on our minds to control our bodies to steal our souls. That’s why the RPII wants to “drug you up” for being so stubborn. The RPPI are trying to force “cooperation, compliance and conformity” with all of its own fraud under the guise of “making healthcare affordable” under the HC “law” by “making home affordable.” It is all illegal by its own deception.

    FC is a psych war to rob you of your birth right. Make no mistake about that.

  59. In pro se fc you are actually a POW with POW status under the 45th Protocol of the Geneva accords. You are a POW through no fault of your own because you were an unknowing party to this fc “event.” You come to the realization about how valuable your birth right really is when
    the RPII considers you an enemy combatant and makes you a POW in
    your own house by many fraudulent and deceptive practices.

  60. The truth of the matter is we are all cops on the beat. That was the meaning behind what George Bush said, if you see something, say something. When you are forced to defend your freedom in fc you are in fact wearing a U.S. Military uniform that no one sees except for the enemy. That is the peril of defending your legal rights in fc that no one is ever told. It requires a badge of courage that many Americans have yet to be put to the test. I consider it an honor to be brought to the test because I know what defending fc really means is that you are defending
    the title to not only your house but our entire house, that is these United States.

  61. Only because I cherish my freedom because I know what defending my birth right means have I continued in this ongoing struggle. If you allow the RPII to steal from you in fraudclosure, what you are really losing is the title to your person. That is your legal birth right. That is not only unacceptable to me as an American citizen born here but that is outright treasonous.

  62. The fact that I have the guts to speak the truth publicly is the only threat to this corrupt system. It is a sad state of affairs when in the freeist nation on earth, exercising your First Amendment right to free speech because you are trying to defend yourself and your country will get you beaten up, tortured and abused every which way from Sunday by foreign espionage agents sub planted from within. That is the real meaning behind the phrase “inside job.”

  63. I have faith that at the end of my struggle I will be exonerated for all of my hard work.

    I know freedom is not free and I also know that it does not come easy.

  64. The Dr I met with told me that grown men would be crying by now if they had gone through the things I have gone through.

    My legal work speaks volumes for me but does not say much for this corrupt system.

    I have had judges compliment me in open court about my work and admonish the attorneys for their lack of diligence. I have had attorneys ask me how I know all of the stuff that I know. The reason I know what I know is because I busted my rear end to get to the truth about not just the fraud but, the who, where, when, why and how regarding who committed it. The reason being is because I consider being an American citizen born here an honor that must be defended. Cowards need not apply.

  65. It is true that in this great country of ours, you will get called a lot of things for speaking the truth and crazy is one of them. However, it is not my country that I blame but some very corrupt individuals. If speaking the truth is considered crazy than so be it.

    The truth does not lie but liars never win.

    I dare anyone including you Christine to walk a mile in my shoes and then call me crazy.

  66. You can re-post every comment that I have posted Christine. I not only stand by my statements unequivocally, I can prove them.

  67. That’s right the evil jerk did that to me because I discovered he is the RPII fraud closing on me.

  68. RE Christine’s rude comment to me. Calling someone crazy for speaking the truth is not only dismissive but unintelligent. Anyone who makes the time and does the research knows I am speaking the truth.

  69. What I have discovered by defending fc pro se is the RPII in these fraudclosures are “investors” who are foreign espionage agents. I remember asking the clerk at the Cook County Recorder of Deeds office in downtown Chicago, located at Chicago City Hall about one of the “recordings” on my land record that said Grantor – Chicago Title & Trust to Grantee – Public. I asked him “who is Public?” He laughed as he told me “It could be just about anybody.”

  70. Nothing happens in a vacuum, nor has anything in this country for the past 70 years. When people allow themselves to be held hostage by a single, admittedly very disturbed and paranoid-diagnosed individual, and simply decide to ignore the problem and to walk away in a “That too shall pass” fashion, it should come as no surprise to anybody that soon, very soon, another such disturb, individual joins in, followed by another one and so forth. Contrary to popular belief, bad behavior indulged by apathy does not pass.

    Pretty soon, the whole non-reactive population ends up hostage to a legion of such disturbed psychopaths who, but for the general apathy and willful ignorance of the people, would have been kept at arms length and remained harmless. Don’t anyone talk about compassion. Allowing bad behavior is not compassion. It’s complicity… by default.

    This country didn’t “fall” into the hands of psychopaths any more than this would-be-informative website fell into the hands of confirmed deranged individuals years ago, none of whom won his/her case, none of whom was honest enough to admit to shortcomings and all of whom are now haunting such sites with sweeping and random accusations of corruption, wrongdoing and whatnot, as only immature self-proclaimed victims know to do while failing to provide any help of any substance whatsoever to anyone.

    lvent, on November 17, 2014 at 8:55 pm said:
    The evil jerk had the oak forest “paramedics” come into my home and dragged me to the E.R. at Palos Community Hospital against my will and forced me to sign myself in for a psych exam. It was brutal. I was forced to stay there against my will for ten days. The psychologist Dr. Arif, concluded I was under extreme “emotional distress” caused by my defending 2 fraudclosures pro se. He said grown men would be crying if they had endured what I have endured over the past 5 years. He prescribed zyprexa and said he thought I was “in the middle” of a nervous breakdown. He told me I at least deserve a “medal of valor” for what I have been forced to endure. He told me I will only be prescribed this drug for a short time. 5 MG’s per day. He said he does not think I am crazy, violent etc. Just extremely emotionally abused. Well no kidding? The evil bastard made me wait 5 hours to pick me up and has been threatening me ever since I came hone. My kid Joe has joined in on the abuse. My father is a traitor as well.

    288 posts on a single page, over 200 of which came from the same disturbed individual, over the course of one month.
    https://livinglies.wordpress.com/2014/10/24/what-difference-does-it-make-where-the-money-came-from/

    15 posts, 12 of which from the same individual. And people wonder what happened to this country?

    Complicity by default to insanity and bad behavior is not compassion. It’s cowardice to stand up for what’s appropriate and acceptable. 70 years of this country’s history. And people wonder why we are in the mess we’re in?

  71. It will be intetesting to see just how the American people will react when they are told all of the “house payments” they made were simply pocketed by the investors because the Issuer of the Original bills of credit never paid the Treasury back under the terms of the Original Securities Contract. That Contract would be the Original Real Estate Contract from your Original purchase. Little did any of us know those were really lease contracts because of the Origination Fraud.

  72. That attorney conveniently left out the part about there are no “free houses” unless you are an “investor” in the Origination Fraud. That is of course unless “you think outside of the box” like another attorney told me. Then you might get “lucky.” Another attorney told me, winning in FC is like winning the lottery. He said you have just as good of a chance “winning” in
    FC with or without an attorney he said. That sounds odd unless you realize that only you can invoke your own Constitutional legal rights. However, there is a lot more to defending your own property rights than that, that is the first place issue in FC.

  73. Many Americans will not realize they have been fraudulently induced into a nation of renters until the next manufactured crisis happens. I remember at the beginning of this FC fiasco I talked with an attorney over the phone who told me “there are no free houses.” Yeah right.

  74. The cover up for all of this foreclosure fraud including the truth about who the RPII is bringing these fraud suits is why 9/11 happened.

  75. The point in my last comment is defending fc makes you pay attention to things a lot more than you may have ever done before. My father recently told me that I lost my house a long time ago. That begs the question, how would he know that? Moreover, if that were the case, why would he have been encouraging me all along to keep defending these 2
    fraudclosures? More things that make
    you go hmmmm? There is definitely a
    a lot more to fc than meets the eye. For instance why are some of us being dragged into court under the guise of fc when everyone is in the same boat. People paying the mortgage are simply keeping up appearances because at the end of the day every American is in fraud closure. You know this is true because the RPII, the U.N. are fraudclosing on our birth certificates illegally.

  76. I am referring to the Kolecki kid in my last comment.

  77. Things that make you go hmmmmm…. There are lots of strange goings on in our neighborhood as a result of fc. For example, the kid across the street has been parking her SUV in my neighbors driveway even though she has all of the room she needs to park it in her own driveway.

  78. The “servicers” are not foreclosing on mortgage contracts, they are in fact, fraudulently concealing they are foreclosing on their fraudulent investments in the birth certificate “bonds” that could never legally secure anything because We The People never signed or agreed to that. That means “birth certificate bonds” and their adjoining “stock certificates” are all phony and fraudulent counterfeit securities.

  79. The “servicers” are in fact, working for the “investors” in the Origination Fraud so they are one in the same.

    The “servicers” who are claiming custodial rights, rights of a Trustee in fc but are not attaching the Bill of Lading at the onset of their “suits” are admitting they are felons.

  80. I was told by the “servicer,” PHH Mortgage that I was approved for the “Obama plan” because I made all of the “trial period” payments on time. Then I was told by the “servicer” that I was denied at the last minute by the U.S. Treasury Department. I told Judge Atkins that in FC court at the Daley Center to which his eyes got very large. He then told me to go home and not to come back to court unless I get something in the mail from “the bank.” The Judges message was clear. The “servicers” intent to deceive me was in the fact they never notified me in writing about the reason why I was denied the “loan mod.” That also means the “servicer” lied to me about everything, including “who” denied the “loan mod”. That is also proof of intent
    by the “servicer” to harm me.

  81. The reason the RPII in fc is not revealed is to fraudulently conceal not only the Origination Fraud by the original issuer of the original bill of credit but to hide its identity. However, the law requires the RPII be revealed, as well as it must provide proof of loss in writing. Servicers do not have custodial rights to being fc suits. A servicers duties are described in the prospectus as they are very limited to collection of payments and distribution of those payments to the
    investors in the Original issuance by the original issuer of those “security investments.”

    Without the bill of lading, which is the original business record, there can be no “business records” aka production of the “day books,” meaning written proof of all of the transfers of the original “security contract.”

    The “servicers” and their “Attorneys” are in fact, fraudulently concealing all of the contracts were fraudulently induced meaning, they were never legally executed. Moreover, all of the “certificate’s” are uncertificated meaning they are counterfeits. What is
    known as “red flag securities.”

    The RPII that is being intentionally hidden because it could be “anybody,” even your own spouse. That is what you find out when you do your own discovery into who the principal agent is who is bringing these fc cases. It is certainly not the Treasury as some “servicers” would have us believe. FC is illegal for the one mere fact
    the suit was brought by an unknown
    agency by unknown agents. That is the definition of foreign espionage.
    etc.

  82. The liens never existed because the Issuer never repays the Treasury.

  83. Excellent point, A Man. Arbitration is another method of restricting due process and the rules of evidence. Ferguson could also be called a kangaroo court. Somebody or someone (president) needs to go to the next step on the Michael Brown killing. We need to go to a real trial.

  84. Interesting the same tactics or similar tactics were used in the Fergoson Case as is used in the Foreclosures. They do not let it get to a trial by Jury.

    NEVER AGAIN

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