COURT DECISION SAYS REMIC HAS NO RECOURSE AGAINST COLALTERAL: ARE REMICs UNSECURED????

For further information please call 954-495-9867 or 520-405-1688

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see Article by Lane Powell PC Scott M. Edwards and Daniel A. Kittle

I hate to be petty but if you look back to my articles in 2007-2008 you will see that I predicted that ultimately, the way this was done in practice (as opposed to the way the Trusts were created in writing — as opposed to the way the trusts were conceived and codified under the Internal Revenue Code) — neither the beneficiaries nor the Trust have a secured interest in the property.

That means they have no interest in the mortgage and that means that neither the beneficiaries nor the Trust can foreclose because they have no right to foreclose on any mortgage or deed of trust. But the problem is that the beneficiaries are the people who are owed the money — unfortunately payable in a manner that differs in amount and method substantially different than the payment described in the note.

The court noted that its HomeStreet decision identified five statutory requirements for the deduction: (1) the taxpayer must be a “banking, loan, security, or other financial business;” (2) the amount deducted must be “derived from interest” received; (3) the amount deducted was received because of loan or investment; (4) “primarily secured” by a first mortgage or deed of trust; and (5) on “nontransient residential real property.” According to the court, there was no dispute that four of the five requirements were satisfied; the only issue was whether REMICs are “primarily secured” by the underlying mortgages.

On this issue, the court held that to satisfy the “primarily secured” by a mortgage or deed of trust requirement, the bank claiming the deduction must have “some recourse” against the collateral.  The court found that a REMIC investor has “no direct or indirect legal recourse” against the underlying mortgages.

I have no time to elaborate at the moment. But the argument raised by legal beagle Ron Ryan, Esq. in Tucson, Arizona turns out to be correct — 7 years later. The note and mortgage were fatally split; and the note itself was destroyed physically because its terms became irrelevant to the obligation owed to the real creditor. Hence it is impossible to be a holder in due course or a party entitled to enforce (HDC or PETE) on a mortgage loan that was either originated or “transferred” (always without consideration) within the context of a securitization scheme.

39 Responses

  1. I’d like to, again if I may, point out a difference imo with a distinction. NY trust law that I know of wouldn’t necessarily stop a transferor from
    purporting to assign a dot late. But assignments require acceptance, and that’s what I take it NY trust law DOES regulate and says forget about it (there is the 1) the alleged transfer and 2) the acceptance of that transfer)
    Then, if the trust truly can’t accept the assignment, does the recordation of such an assgt constitute slander of title or ? Got me,
    but my own thinking is yes, or at least it’s a false document or something like that in addition to being void.

  2. Thank you for that, Ian. But what makes a trust toast? I often hear you all speak of “toasted-trusts” – ha ha, but why are they toast?
    And I still see conflict between the two articles. One seems to say (as do you, I took it) that taking a late loan, and certainly a non-peforming one, is barred by LAW and the other seems to say it isnt barred by law per se, but there’s a stiff penalty – 100% taxation. So I remain confused!
    Some states (like CA – Glaski) have ruled a late assgt is void as a matter of NY trust law. Other states are alleging that the late assgt is merely voidable (taking away the borrower’s standing to holler about the assgt). This issue has to be covered by black letter law, yes? The trustee either has the discretion to accept such an assgt or he DOESN’T. And if a trust actually did take a late assgt of a non-performing loan, and that removes the favored tax-treatment, is that all? Is it still even a trust?
    But, everyone interested, if I may, please hear this thing I do think I know: when a court rules that acc to CONTRACT law, one party to a contract may ratify an action not contemplated by that contract (such as accepting a late assgt), that court is not considering that these particular deals are regulated by law. One party may NOT ratify an act illegal as a matter of law. Illegal acts are just that – void, and no (alleged, unverified) ratification is going to change that. Just to reiterate, ratification of acts which weren’t contemplated in ‘general’
    business or personal contracts is in fact permissible and recognizeable
    by courts, but I can’t see it when the ratification is of an act the law calls void / illegal. And by the way, legitimate ‘ratification’, also imo, has some thresholds to establish the alleged ratification, none of which we’ve ever seen in this bs. I would think that as to these deals, a court must first look to the contract for can’s and can’ts and then to the law regulating them to see if the contract cans and cants are lawful and thus enforceable / lawful. I think contracts generally, not these psa’s, are regulated by common law and are subject to the equities, not black letter trust law which doesn’t give a good (*&#$ about equity and leaves no room for ratification of unlawful acts.
    these are lay opinions

  3. John Gault- a trust has to be static ( fixed), not dynamic (constantly changing. That is so the investors know EXACTLY what their “investment ” is. WhAt constitutes the corpus of the trusts- so the trustee cannot, under penalty of law, allow nonpermitted transactions
    To occur. The most egregious of which is purporting to shove a nonperforming loan into the trust years after the cutoff date.

  4. The article Neil references in his blog is at Lexology, as is this in a different article:

    “If a REMIC holds more than a de minimis amount of nonpermitted assets (such as property that does not qualify as foreclosure property), its tax-favored status as a REMIC is terminated. If the REMIC holds only a de minimis amount of nonpermitted assets (less than 1 percent of the aggregate tax basis of all of the REMIC’s assets), the REMIC will not lose its status as a REMIC, but will still be subject to a 100 percent tax on any net income attributable to such nonpermitted assets.

    ****If, when the loan was transferred to the REMIC, the REMIC or its agents knew the loan was troubled and would likely result in a foreclosure, it cannot foreclose on the collateral and hold the property without paying the 100 percent tax.****

    Why would a trust accept a loan in major default? (As I used to say, “Here, take this turkey!”?) And if this last paragraph is true, it’s just more support that there’s NO way a trust would. Now what does this mean: “without paying the 100 percent tax”. What 100% tax? The tax on ALL monies these trusts were allegedly created to avoid, not just 100% on that particular deal? It’s been a while so I forget. But I have to admit I’m confused. The article I’m quoting here seems to be at odds with the one Neil cites: “The court found that a REMIC investor has “no direct or indirect legal recourse” against the underlying mortgages.”
    So we’re getting hustled (no!). I should know, but I forget, why the banksters are using the trusts’ names to foreclose. And speaking of which, how does one know if a trust is toast? Edgar or ?

  5. From page 336, from the book “THE FINAL HOUR,” By Michael H. Brown:

    There is one route away from the devil’s snare. It’s the way of Christ, and that means humility, love, purity, long-suffering, sacrifice, and peace. There’s no room for greed and jealousy. There’s no room for adultery, sodomy, and fornication, which violate the gift of sexuality and offer it to satan.

  6. These criminal thugs don’t give a rats patooty about what the law says about legal requirements. One attorney I met with a few years ago told me these are “silk stocking attorneys.” I think he meant they are amateurs. He told me when the case starts costing them money because they are not very formidable legal foes, they will send in the better ones that cost them more money. I beg to differ. After nearly 5 years of battling these Securities Fraudsters pro se, they still have yet to produce one legally verifiable document that I requested from the date that I filed my Original Answer and Affirmative Defenses. All I get is a lot of him-hawing around. They either “amend their original complaint,” switch parties, switch judges, switch courtrooms, call you nuts in their responses, say they don’t have to produce anything you request, tell you what you are doing is “improper” because you did not plead the facts properly in a fact pleading State” when they have not plead one thing properly
    from the “get go” because they failed to attach a legal “Proof of Claim,” as required by law and therefore, do not have a Cause of Action in which to base their claims. They have no legal way in which to proceed because they failed to timely invoke the courts particular subject matter jurisdiction. They have no legal jurisprudence to collect a gum ball from you. So their backs are up against a wall so they try to turn the tables on you (69 shot), and ask you for Genuine and
    Authentic legal documents after they failed to produce anything you formally
    requested according to the Supreme Court Rules from their “attorneys.”

    Then they lie to the court and say you never responded to them when you have the written proof so they withdraw their b.s. motion.

    Then, when they run out of ways to be cheap, sleazy, manipulative, conniving little shrews, they and their comrades start following you around and use their gang stalking network to harass you, drug you, make you sleep in your car, dress like cops and use their criminal cop friends and paramedics to “knock some sense” into you. They use your own family members to try to convince you that “you are just not right,” “not straight,” and need their “help,” and you need to seek medical care because they want to drug you into going along with a of their evil criminal crap. Fraud closure is a Globalists foreign espionage plan to send every American to hell when they die by making their life hell on earth.

    That is because it is a Global insurance scam where their perps get a big payout for swapping your titles out illegally in fraud closure. They get free property, yours, on the sly, (wink, wink), to live in, rent or do whatever the hell they want with and an all expense paid ticket to hell for bringing you down. They don’t give a damn about going to hell because they are unrepentant sinners who hate everybody.

    They want you locked away in their State Run prison camps for exposing the truth about all of their lies, sins, fraud and criminal avarice.

    They are part of a vast criminal network ran by their comrades over at AIG called THE PRISM PROGRAM, which is a vast ongoing criminal enterprise.

    You can believe it or not. It does not matter to me who believes me or not. I am not blogging this stuff because I want anybody to believe me. I am simply
    trying to warn We The People that
    fraud closure is a secret Act of war upon
    the citizenry of this great country by the enemies hiding from within, posing as everyday Americans.

    They are all New World Order scam artists who are very dangerous individuals acting as one pure evil because by deception is how they rule.

  7. @neidermeyer, please check your email when you can – I sent you the document I hoped you could look at – wondered if you had seen others like this? Thanks

  8. Uhm, where does Credit Control enter the scene on all of this ? Joe Dibello has followed me around with my soon learning my co employees are all from either credit control Wellsfargo and government workers. Why the need to stalk a person if what they are doing is so correct and above board? it appears now they have turned to Charter Communications to place cameras on the exterior of my home , why ? what’s the point if what you are doing is so right ? Childrens Services are also involved. Please tell me , how is it what they are doing is correct? Banks are diverting payments behind closed doors. Payments sent to one servicer is being endorsed by another. Sounds like , looks like wire fraud at its worst. Please take a look at wellsfargo , Columbia mo. Bryan cave – Columbia Mo they are share the same address with Bonds buyers for the State Armstrong and Teasdale.

  9. When the day comes, and it will, that your life is threatened by a foreign national posing as an American, and you are chased down by their thugs, dressed as cops, who beat the hell out of you for fleeing them when they catch you, throw you in their hoosgow as a result, to be mentally abused and psychologically
    tortured intil their comrade they hired to ruin you who is your own spouse decides to play mercy with your soul until they see fit to “bail you out,” then you are abused even more severely by not cooperating with their Russian counterpart. You will be left to be judged
    by these deranged psychopaths who will try and declare you mentally unfit to stand trial against their psychobabble lawyers. Or you are unfit to handle your own life and personal affairs. Then you will be left to the mercy of their completely corrupt, State Run, U.S. taxpayer funded, ongoing international/
    Globalist criminal enterprise.

    Don’t say that you weren’t warned when that day comes
    Neidermeyer.

  10. Sorry neidermeyer but the psych war is not working as planned. It is not just non productice and non conducive to try and discredit the truth by calling the truth someone’s ramblings. That does not interfere with anybodies learning capabilities who are grown adults who can check the facts and do their own research on these topics being discussed openly on this forum that are all directly related to fraud closure.

    I happen to have a lot of first hand knowledge about the facts because I am a targeted victim of this scam.

    I am telling it like it is to warn people things are not as they seem.

    You can take what I blog here anyway you want it. I am not a liar and I don’t pull any punches when it comes to this ongoing criminal enterprise.

    The reason being is that when you stop talking about the victimization that is when this evil wins.

    So long as I am living I will continue to speak out about this crime syndicate because I view this as my calling in life.

    Like it or not, that is the way that I feel about all of this.

    I am greatful and thankful that Neil allows me to freely express my views here at his website. He is a true American patriot who really gets it and has been a real lifesaver to me for allowing me to speak my piece, that’s for
    sure. Thanks Neil, you are truly a Godsend.

  11. Do not believe for a minute you are compliant with these Globalist hoodwinkers. Going along with them only empowers these ruthless thugs to engage in more evil deceptive practices

    “Where did all of the money go?” “Tell your wife to go get a job and you need to work harder.” Is what my soon to be ex told me his comrade Bankster crook associate from First Midwest Bank told him in a cellphone conversation back when all of this hell began in my life. That thief, who no doubt has many
    skeletons in his closet, that include collecting the fraudulently induced mortgage leasing contract money from my small business property that was hand delivered to him every month by my soon to be ex. That was until my soon to be ex started pocketing the money and supposedly told his banister buddy to screw off. His bankster buddy supposedly told him they did not want to fraudclose upon my business property. He said he wanted to set a “floor amount,” selling price and we could keep whatever money was left over. At that time the estimated worth of the business was around one million dollars. The said amount owed on the mortgage fraud was over one million six and change.

    They think they are fooling someone.

    I spoke with a man by the name of John Palla from a money management firm
    Hope For Homeowners set me up to talk with.

    He told me to sell the property to CVS or some corporate name who would pay big for my property which was situated in a prime location between 135th and 143rd and Cicero Avenue in Crestwood, Illinois, in the south suburbs of Chicago.

    I tried to no avail to sell it.

    There is a ton of highly criminal fraud to the property title, that was unbeknownst to me at the time.

    After I uncovered some of it, I asked the Attorney for “Plaintiffs,” Jillian Cole, from Aronberg, Golgehn, Davis and Garmisa, if they wanted to make a deal on the property with us because the title is cloudy. To which she told me “We can sell property with a cloudy title.”

    Mind you, she was formerly worked as an Assistant at the Illinois Attorney Generals Office.

    A foreclosure defense attorney I had spoken with previously told me she had been in trouble before.

    “closing attorney,” from my “house closing” told me that she needs to remove herself from the case because of conflict of interest issues.

    My dad told me “that is up to the judge.” Say what?

    Needless to say, I did not bother pursuing that aspect of this vast criminal coverup for this vast criminal conspiracy. Fraud closure involves so many fraudulent issues and claims you would be hard pressed to capitulate and litigate each one properly even if you were an attorney from a lawfirm who knew the judge.

    You can only do as much as one “imbecile” can do, in the completely criminally corrupt and useless sell out
    criminal environment you have been fraudently induced to live in. Especially when you are living with the enemy who is working incredibly hard to destroy your reputation from behind the scenes of their own crime spree.

    You could not possibly have known of the deception of course, otherwise you would have acted differently.

    Like you may have never gotten married and certainly would not have lived with anyone.

    That is not to say you would have become a cloistered nun or something but your private life would have to have been extremely secretive. You would also have had to have extremely intellectual thought processes that may have opened up a pathway to your own psychic abilities to know
    who the bad guys were which would have been highly unlikely.

    You could never have known why you were being used, what you were being
    used for or by whom unless you were an industry insider.

    Fear challenges the human mind to think differently and unless you are severely emotionally, mentally and spiritually traumatized what is known as targeted victimization. You would not likely meet such a direct challenge in your everyday life.

    Being left no choice but to defend your own titles pro se in fraudclosure is one such manufactured event that will send your brain into high-speed overdrive.

    If you love the learning experience because you discover you were deprived of any really meaningful learning experience in your life, you become enthralled with doing your own research. The “information super highway” acts like a potent drug that you become highly addicted to.

    You may even make coffee at midnight to keep up with your own research capabilities. Especially when you feel it is of vast importance to verify what you are uncovering. That journey involves innumerable amounts of sleepiness nights trying to get to the bottom of things, sort them out and connect the dots.

    Your brain begins to work like it is really supposed to. Then you are in trouble because the foreign entity is lurking around your living space in many forms.

    It is wondering when you will realize you have been put on a runaway train caused by it.

    When you start to wake up and realize all of this illegal crap was all manufactured by tyrants from within, your life is already in serious danger.

    These foreign government moles are dangerous control freaks. They are secret psychopaths living within your own living space. They are extremely vindictive lying sociopaths who have a serious gambling addiction. They will do anything to control your destiny they
    pre-determined for you because they got in way over their heads trying to destroy your life.

    That is why there needs to be arrests made ASAP of these traitors who are absolutely deranged criminal lunatics posing as everyday Americans.

    Everyone will eventually be made their victim because swapping out the legal titles of our U.S. citizenships by holding hostage our not formally acknowledged and “legally” Acknowledged long form
    U.S. birth certificates are the fraudulent torts to all of their fraud in the issuing of credit.

    The enemy did that by allowing their own spy agency persons the unauthorized and illegal use of our Social Security Numbers.

    That means in the big scheme of things and in the long run, nobody is safe or secure in their person, house, papers or effects, no matter Who you are.

    The “Big Picture” is a fraudulently induced global securities fraud tyranny that denies the legal rights of We The People to oppress them. Nobody is safe from their warantless wire tap unlawful search and seizure routine. They will use their own perps hidden everywhere to lie about you to try and manipulate you to
    steal it all from you. They want to make you live in fear and force you to go running into dangerous situations they and their criminal comrades are paid well to manufacture by lying about you.

    That is the real danger behind law enforcement and the courts they are dictated by who allow them to tell lies as facts about you without any physical evidence.

    The judges and their lawyer buddies who all work for this global attorney spy network can manufacture anything they want to happen to you from behind the scenes of fraudclosure.

    That is the peril of allowing anyone to invest in anything that effects our God given legal right to defend our own life, liberty and property.

    Securities Fraud is an extremely serious crime that involves multiple felonies. The ongoing cover up for the “Origination Fraud,” FRAUD IN THE SECURING AND ISSUING OF U.S. TAXPAYER FUNDED CREDIT SLIPS,” by paid public employees who are controlling their own fraud hiding behind the unlawful Healthcare Act/Tax has every American
    living in Double Jeopardy and in real and present danger of life and limb.

    You can become their targeted victim at any time and that is not just perilous, that is egregious in a country where We The People pay for everything up front at the Origination and these crooks never pay us back. That means in legal terms, We The People are not only the First Place Lien holders but we own everything outright. From our property, our homes and businesses to food, gas, utilities and life saving medicine. All of our most important necessities that sustain life we should never be deprived of in these United States. You can’t steal something you already repaid for umpteen times over you morons. There is no such thing as a “free house” when you already paid for it upfront at the Origination you Globalist thug, communist re-socialist pig totalitarian butt wipes.

  12. @ Ivent ,

    I was going to say something smart alecky like “take your meds” but I’ll state my piece calmly here ,,

    First off your ramblings are a detriment to the site and to me it seems like an effort to paint us with the “crazy” brush just like saying you went to UF paints you with the “drunk partier” brush… I wish you could boil your statements down to a few concise paragraphs.

    Secondly , you see too many conspiracies … YES the banks are co-ordinated in attempting to steal everything in sight… but story line #1 , #2 , #3 etc. etc. are the result of 100+ years of continual rule by the same banking cartel(s) ….

    I work in a hospital ,, the hospital is about 70 years old and it takes forever to learn where things are , it appears to be a single living entity … like your theories ,, and like your theories some things make good apparent sense , some don’t , there are dark corners and entire forgotten wings in the old sections that only exist now to support the stories above and that’s the way it will always be because it is like the banking world where nothing ever fully stops or is taken out of service ,, they must add on and renovate on the fly because they cannot displace their patient load… while incorporating external mandates and such… That is why it is so convoluted. The bankers captured the host 102 years ago and now the host is dying ,, they will become more desperate and it will end badly ,,count on it.

    Like “War Games” the only winning move is to not play the game … or survive the end of the game.

  13. Neil, time to show Ivent the door. This is hurting the site.

  14. Because no one will ever be able to comply with their secret, evil doctrine, their communist re-socialist manifesto aka the Protocols of the Learned Elders of Zion, the final endgame plan, and the likely outcome of no criminal prosecutions of their epic, global Sexuritues Fraud Agenda is rotten to its core. These demons from hell plan to eventually
    blow everyone’s brains out from the
    inside out with EMF bio-grade mind control weapons technologies.

    They are able to spy on us and nuke us in our own houses by the use of bootleg military grade bioweapons cable boxes.

    They use radar technologies, cell phone towers, electrical conductors and other seemingly innocuous energy sources to produce scalar waves that weaken the atmosphere that wreak weather havoc and all sorts of unnatural disasters.

    Anyone on a cell phone can be using it as a weapon to try and control their own fraud they committed against you by zapping objects in, on and around you. Cell phones employ bio weapons grade nuclear technology that can be used as a dangerous weapon. They can cause heart attacks, strokes, seizures and all kinds of illnesses if they are put in the wrong hands.

  15. These foreign espuonage countetintelligence agent demons from hell, want the smartest most talented Americans to “fly away” with their evil subpartners, copartners and eventually be with their partners in the “Origination Fraud.”

    However, their targeted victim soul was never supposed to remember “what they saw in that room.” At the closing table of their black banking criminal psy op mortgage note counterfeiting drug trafficking/human trafficking “partner swap,” to hire the targeted victims own family members. Where even their own kids are paid to play or are promised things they will never receive because they are being used to bring down the targeted victim. Such as their targeted victims property, personal possessions college money, “free healthcare,” rent, and a
    ticket to ride if they get into legal trouble along the way. It is all part of the AIG PRISM PROGRAM which is a giant global foreign espionage agent gang stalking spy ring.

    My Dad told me the story from when he was in the FBI Academy. He accidentally walked into a room and was quickly escorted away and questioned about what he saw in that room. He told them he did not see anything in that room. He was then told never to tell anybody what
    it was that he saw in that room. He told me he only told his wife Pam what it was that he saw. I figure what he saw had to have been the unseen.

    These foreign government espionage agents are formidable control freak agitators of their targeted victims. They are highly secretive foes who employ the dark arts to conjure up dark, demonic
    forces. That allows them to change their identity at any time that suits their needs. They will use an enormous
    amount of their own perps to try and steal the free
    will of their intended target, to steal everything from that poor defenseless
    individual.

    Especially when that individual may have something that foreign government wants. What it deems to be sub planted
    information or special spy techniques. Or maybe some God given talent that nobody can steal. It may be sexual favors or other types of sick gratituties. Who knows what these sick moron degenerates pledged. It could be a gang rape and murder caught on tape to make a snuff film of the murder of their pledge. Who knows because these are the most evil demonic entities on the planet.

    Whatever the case may be, they hate Christians and especially Catholic Christians who are good upstanding U.S. Citizens. The reason being is it is much harder to them to force compliance, conformity and cooperation with their sick sadistic criminal control freak b.s.

    That is where the forced drugging comes into play. Not going along with that? Then they can’t control your destiny so they will manufacture ways to enslave and imprison you until you do go along with one of their evil comrades.

    It is a dark, spiritual evil that knows no
    boundaries and no one is safe because you never really know who anybody really is or what they may want from you. The reason being is you may not even know who you really are and what talents that you really possess because those are the ones who are the chosen targets for secret mind control black ops.

    It is a scary world inside of our own houses, jobs and businesses when we can have no way of knowing we are being virulently gang stalked by an unknown assailant and their criminal cohorts and minions and that has been going on since the day you were born. However, you could not possibly have known of the deception. Not unless you wake up and realize nothing is really as it appears.

    Then you may be forced to discover a hidden agenda here. This evil is hiding behind the Corporate Logos but you could not possibly have known of the deception. The reason being this evil preyed upon your kindness and saw that as a spiritual weakness. Bottom Line is you are deemed to be just too trusting.

    When you knock that off, you may want to start praying to God Almighty and ask for divine spiritual help because otherwise you will be an absolute goner to this evil. The reason being is this evil rules by deception.

    It will invade your privacy and your own spouse, brother, sister, mother and father as well as your own kids or anybody it feels it has the upper hand over that can be easily compromised. Everybody wants financial security and something better in life. That is what this evil relies upon to get all of its evil work accomplished and its agenda is already in place under the unlawful AIG PRISM PROGRAM HEALTHCARE LAW/TAX. It is an evil global spy ring which is based upon an old FBI countertintelligence  program called COINTELPRO the FBI used to spy on the Russian and Sicilian mafia they became them. It is a story as old as time to spy on the enemy from inside. However this program is evil beyond anyones most wild imagination because the “technology” that it employs is other wordly meaning it comes from another dimension “up in cyberspace.” Its main goal is complete and utter
    totalitarianism.

    Nobody will want to live under that evil no matter how nice this evil makes it sound. It will lead to complete and utter global chaos. That is guaranteed.

    Don’t be fooled by its niceties like lower gas prices because the Beast moves more subtle than any Beast of the field the Lord God has made.

    It is swift and uncanny in its own wit about itself. That is why it is so incredibly evil because it is so unpredictable. When you believe all is well because they tell you everything they are doing is for your own peace and security. There will be no peace and security is the warning from inside the hallowed walls of the Vatican.

  16. Please excuse the spelling errors in my last 2 comments. My keyboard had a sticky keys issue last night.

    Allow me to clarify in my last comment they do not have a “provable debt” meaning they do not have any legal way to prove a debt exists because of all of the “missing torts” to all of their fraudulently induced “Mortgage Leasing Subservicer, debt fraud repurchase Servicing Agreements.” Which are “bereavements,” by some unknown, unregistered, uncertified, foreign third
    party “claimant” who is legally dead, posing as you, their victim by hiding behind your stolen identity. This criminal imposter stole your legal identity for all kinds of illegal purposes from a “faraway place somewhere out there in the wild blue yonder, otherwise known as “cyberspace.” Therefore the foreign third-party claimant is unauthorized to collect any more money or property from you so must secretly pretend it is you. That is also why we are arguing with the wall in court because we have been identity swapped without our knowledge or consent. That is also why the “secret,” hidden foreign third-party claimants are “Strangers to the Mortgage,” because they are foreign third-party, foreign espionage agents who are criminal imposters who are secretly pretending to be you and anybody and everybody else they need to be to carry out their evil plot against you. They despise our Constitutional Legal Form of Government so the foreign enemy hijacked it by becoming us, they could issue themselves an innumerable amount of Credit in one of our unregistered legal names, either married or unmarried, without any of us ever being the wiser. Then at a predetermined time only they knew the date they were to fake default, meaning lie about being broke, take all of the money they had stolen from us, hide it and then later run. They counterfeited gazillions in U.S. Taxpayer funded Credit to overthrow our legal power and authority by committing Fraud In The Issuing Of Credit in our untegistered and unauthorized legal names, in a legally fictional name. In other words, without our express written knowledge or consent. This massive Wire Fraud, Bank Fraud foreign espionage agent “wire tap” was an “inside job,” done to swindle and rob the U.S. Treasury Department of all of our wealth and property posing as individual U.S. citizens who were born here. It was a big U.S. long form Birth Certificate swindle and con done by unauthorized use of our “digital signatures,” we never knew existed and are not even legal. That is how they Issued themselves oodles of U.S. Bank Checks fraudulently pretending to be us, they were getting loans for various purposes that were for unauthorized and illegal purposes. Such as secret “business purpose loans,” that were actually funding illegitimate and illicit “constructions” of mafia racketeering outfits. This was all
    committed by traitors from within, who were likely born here but were secretly operating a foreign government,
    counterintelligence black banking psy op. That is quite frankly why “the decision has already been made,” to “drop kick” all of their victims from the “sidelines.” Meaning that is why there were no affidavits ever dropped, no
    subpoenas of the key players were ever
    issued and no actual legal hearings or trials are being conducted. The foreigners thought their agents “brown bagged” all of their victims on 9/11 by posing as us.

    That is what I was forced to uncover by being left no logical choice under than to defend my titles from fraudclosure.

    The fraudulent concealment of the RPII is being done in accordance with the Protocols of the Learned Elders of Zion. Not the Geneva Convention as the Universal/Unilateral and Global Securities Exchange Board legal requirement in regards to an unwilling
    and unwitting participant in a Global Securities Fraud Ponzi Scheme who has been made unknowlingly and unwittingly into an “enemy combatant.” According to the 45th Protocol of the Geneva Convention we are all Prisoners of an illegal and unauthorized war on our legal person hoods. We are actually being held POW’s in our own houses and business properties.

    That means not one American should be allowed to be evicted or separated from their person, house, papers or effects under any circumstances. We The People are under seige by the “banksters,” who are an ongoing and vigilent communist re-socialist global and international terror network who We The People fully funded.

    That is why quite frankly, the “Plaintiffs”cannot be found and are
    unable to be reached by phone or U.S. Mail, and are therefore not amenable to
    service of process because they are very clever “foreign espionage agent despots” who are posing as everyday Americans.

    That is why they are bound and determined to manufacture a way to criminalize, imprison, or institutionalize every single one of their victims in their “State Run, U.S. Taxpayer funded, FEMA CAMP State Hospital prisoner of war facilities.” They are running these Nazi war “death camp for cutie,” FEMA CAMP facilities at all levels of their fraudulently induced “investor government.”

    I should know, because I am one of their targeted victims who unwittingly and unknowingly caught them red handed trying to steal everything from me under the guise of fraudclosure and as a result, this is my testimony.

    Linda A. Rio Venturella
    Born on November 12, 1963
    Chicago, Illinois at Holy Cross Hospital to Michael Emmett Rio and Marie Margaret Bergen. My father was a meat cutter who worked for National Tea Co. at the time and later went on to be a Chicago Ridge, Illinois policeman, then a detective on that force, then a Police Chief of that town in that Department. He then went on to be an FBI agent in the the drug enforcement division of the FBI. 
    I still have the beige Admittance ticket written in dark blue writing from that commencement exercise that reads as follows:

    William S. Sessions, Director, Federal Bureau of Investigation, announces the Graduation Exercises of the FBI National Academy, One Hundred Sixty-third Session, Friday morning, December Fourteenth, Nineteen Hundred ninety, at Ten-thirty o’clock, FBI Academy, United States Marine Corps Base, Quantico, Virginia

    In the left hand corner there are two labels that look like medals. One says DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION with a shield in the center of it with a scale of justice stripes, and a sheath surrounded by 13 five-pointed stars. The other medal has the letters NA at the top of it, in bold dark blue print with an American Bald Eagle in the center of it carrying a shield that is dark blue at the top with what appears to be 4 wide bold blue stripes on it, in its mouth by a sheath that is similar to the sheath that appears on the medal on the left. The medal on the right reads NATIONAL ACADEMY KNOWLEDGE COURAGE INTEGRITY.

    This is why quite frankly why I should have never been made a target of this international Secirities Fraud plot to steal my Identity because I come from a heavy and well connected, law enforcement background. That is probably why I am able to identify these Globalist criminal imposters because I have been around law enforcement people my entire life. My grandpa who died in a car crash when my mother was a kid, was a Chicago cop. Being a detective and acting like a cop is in my genetic makeup and part of my gene pool that what makes up my DNA. Which
    is likely the reason why I figured out alot of this evil plan that has been pegged “too
    monstrous too conceive.”

    Through no fault of my own that’s for sure.

    What I discovered is the prime suspect and the main culprits are those you would more likely than not, never have suspected. They are not just financial serial killers and rapists as Max Kaiser portends. They are the great deceivers of mankind who are the most conjured up evil demonic entities in the universe and they can be just about anybody.

    Buyer Beware who you are encountering in your daily life, marrying or dating or living with, may not be who they appear
    to be or say they are is my advice to everyone.

    These “industry insiders,” are quite deceptive. They misrepresent themselves very cunningly but make no mistake, they are ruthless in their quest for the title to your kingdom.

  17. These crooks are all buying, selling and trading their own fraudulent derivatives repurchases by repurchasing, rebuying and regarding their
    own reconstituted fraudulent
    mortgage derivatives
    Servicing contracts by way of the”NADEX.”

    They are all Global U.S.Securities Fraud Stock/Bond Fraud

    Re-
    purchaser of their own Global Securities Fraud “futures.”

    We The People need

    to file a nationwide Securities Fraud
    Re-Purchase
    Harrasmemt Suit because that’s what fraudclosure is.

    We are all being illegally harassed by these globalist
    hoodlums under the
    guise of their own massive debt fraud “market share” felony
    fraud debt
    repurchase contract agreements. This is all being committed under false pretenses of an opinion there is a debt. Not by a lprovabld debt by by an unsustainable one. That is highly treasonous and felonious.

  18. Furthermore, who in the hell do they think they are re-taxing all of us under a healthcare care law that is yet another fraudulently induced tax. They want evwry U.S. citizen born here to believe that we are broke and homeless charity cases who are wards of the Nazi style fraudulent criminal
    communist resocialist
    state of Russia.

    While they all pass around the fraudulent concealmeng of massive U.S. Government Securities Fraud crack pipe and sing the
    “community fraud reorganizers” battle hymn of the communist
    re-socislist Securities Counterfeiting
    “tea party,” Kumbaye, Lord
    Matereiya, Kumbaye, what they are really doing is criminalizing all of us their innocent victims of their own felony crimes against us.

    For example, being forced to submit to a drug test and have criminal and credit background checks for mediocre jobs. That means their investors consider all of us to be criminals when they are the biggest wantoned felons on the planet.

    Or taking away any of our freedoms just because they deem that to be a justifiable way to win a fake, fraudulent, baseless argument in tort because they quite honestly have no torts.

    That is how Corporate mafia fraud reinvestment thugs run their own fraud racketeering outfits by strong arming their own targeted victims who are all of us.

  19. Every American should demand a written copy of the minutes of all of the U.S. Treasury Department meetings from the last 8 years. It is our legal right to know what in the hell is going on over there. Furthermore it is our legal right to know what in the hell the”Board of Directors” who are clearly and
    obviously investors in all if their
    own criminal fraud are doing with all of our hard earned money.

    They obviously let We The People who foot the bills foe everything in this place, know absolutely
    positively nothing for a reason. Such as the U
    S. Treasury Departmemt
    “Board of Directors” are running some sort of mafia raacket, 3-card monte “Confidence Game” with all of our hard earned money.

    An “insider-trading”
    secret criminal mafia-like ” fraudulent U.S. Taxpayer money “repurchase” of all of rheir comrades on Wall Streets drig trafficking/human trafficking of their own Global/InternationalSecurities Frauds.

    They must be running a Global/International hedge fund racket over there at the U.S. Treasury Department vis a vis
    their “Board of Director” criminal
    friends, namely the Fed Head and all of their chair people and other “spokespersons” over at the
    Federal Reserve Bank. What with the way they all keep re-fraud closing on our U.S. Birth Certificates like crazed mad-hatters at an Alice in Wonderland type tea party they are likely to all be tripping on LSD snd should all be drug tested. Then they should all be forced to be given lie
    detector tests shown live on all of the major TV news networks about where in the hell all of our money and national security went.

    They are all sloven pigs and criminal felons who are traitors to our great republic and deserve to be publicly humiliated for fraudclosing upon the legal rights of We The People to re-distribute our stolen wealth to their criminal friends here and around the globe by swapping out our legal birth rights. They all should be held accountable.

  20. That wiki link
    Talks about Qualified mortgages, isnt that rich

  21. REVELATION CHAPTER 16

    1. And I heard a great voice out of the temple saying to the seven angels, Go your ways and pour out the vials of the wrath of God upon the earth.
    2. And the first went, and poured out his vial upon the earth; and there fell a noisome and greivous sore upon the men which had the mark of the beast, and upon them which worshipped his image.
    3. And the second angel poured out his vial upon the sea; and it became as the blood of a dead man; and every living soul died in the sea.
    4. And the third angel poured put his vial upon the rivers and fountains of waters; and they became blood.
    5. And I heard the angel of the waters say, Thou art righteous, O Lordwhich art, and wast, and shalt be, because thou hast judged me.
    6. For they have shed the blood of saints and prophets, and thou hast given them blood to drink; for they are worthy.
    7. And I heard another out of the altar
    say, Even so, Lord God Almighty, true and righteous are thy judgments.
    8. And the fourth angel poured out his vial upon the sun; and power was given unto him to scorch men with fire.
    9. And men were scorched with great heat, and blasphemed the name of God, which hath power over these plagues; and they repented not to give him glory.
    10. And the fifth Angel poured out his vial upon the seat of the beast; and his
    kingdom was full of darkness; and they
    gnawed their tongues for pain.
    11. And blasphemed the God of heaven because of their pains and their sores, and repented not of their deeds.
    12. And the sixth angel poured out his vial upon the great river Eu-phra’-tes; and the water thereof was dried up, that the way of the kings of the east might be prepared.
    13. And I saw three unclean spirits like frogs come out of the mouth of the dragon, and out of the mouth of the beast, and out of the mouth of the false prophet.
    14. For they saw the spirits of devils, working miracles, which go forth into the kings of the earth and of the whole world, to gather them to the battle of that great day of God Almighty.
    15. Behold, I come as a thief. Blessed is he that watcheth, and keepeth his garments, best he walk naked, and they see his shame.
    16. And he gathered them together into a place called in the Hebrew tongue Ar-ma-ged’-don.
    17. And the seventh angel poured out his vial into the air; and there came a great voice out of the temple of heaven, from the throne, saying It is done.
    18. And there were voices, and thunders, and lightning’s; and there was a great earthquake, and so great
    19. And the great city was divided into three parts, and the cities of the nations fell; and great Bab’-y-lon came in remembrance before God, to give unto her the cup of the wine of the fierceness of his wrath.
    20. And every island fled away, and the mountains were not found.
    21. And there fell upon men a great hail out of heaven, every stone about the weight of a talent; and men blasphemed God, because of the plague of the hail; for the plague there-of was exceeding great.

  22. The court concluded that in THIS case that mortgage backed securities, investor rights re REMIC to payment, were contractual and thus the investor lacked authority to foreclose, and so they are not necessarily entitled to recoveries from the foreclosure, also the court decided that deduction was not available to REMIC investments
    note- REMIC is different from its investors.

  23. Case;
    HomeStreet, Inc. v. Department of Revenue, 166 Wn.2d 444 (2009

  24. Elexquisitor, yes.

  25. The “International Banksters” did a massive Fraud In the Issuing of Credit “Charge Off” of all of their Counterfeits on 9/11.

    By doing so they destroyed the value of everything.

  26. That is correct. Debt collection is a sleaze-ball business that assumes you are too stupid and too uninformed to fight back. They never have the documents to prove they own the debt. The problem with the mortgage debt is that it is secured, and there is a big, fat house to deal with.

  27. @ Charles Reed ,

    **********
    You cannot go to the court and call a debt due and not own the debt.
    **********

    Collection agencies do this 100,000 times a day in this country.. Credit Cards or Mortgages ,, all the same .. no recourse , securitized and written off… My wife was sued by a bad debt outfit but they wisely voluntarily withdrew before I got them to trial after demanding they submit legally admissible docs per state evidence rules.

  28. Elexqisitor,
    I am in Wisconsin and have a appeal pending. Can you please your comment more. I would like to know more about the Wisconsin case your talking about.
    Thanks

  29. Before we get to any trust there is the issue of the initial document and that is the Note and it rightful ownership the holder of the Notes must own the debt…period! You cannot go to the court and call a debt due and not own the debt. The Notes are in plain view and it does not list the party claiming to be owed, and cannot even product a receipt of purchase.

  30. Npv- precisely. So the courts then follow UCC. But in thousands of cases, the PSA is referred to as the “governing document” in the litigation by both plaintiff and defendant. Yet the trusts don’t exist, except as fictional delusions. So if there is no legal trust, from whence does the master servicer or subservicer get his “powers”?

  31. This is exactly my claim to the SEC and that is that the Ginnie Mae MBS has a fatal flaw and that is that all Notes are a blank endorsed, and is relinquished to Ginnie Mae without a sale occurring. Ginnie Mae is in physical possession of the blank Notes through the servicers acting as the custodian of record. Because the Notes are transferred to without consideration which Ginnie admits, the Notes are no longer legally Notes as there is no debt attached to the Notes.

    Take Washington Mutual Bank (WaMu) and Wells Fargo mortgage servicing 1.3 million of the banks loans, and first the loans were already placed into the Ginnie MBS and the files are separated from non Ginnie Mae loan and tagged as Ginnie pooled loans. Now this calls attention to how in fact the loan could be serviced in the first place because Ginnie is not a home mortgage lender and cannot collect the monthly mortgage payment and pay the investors that purchase the MBS.

    So there is this pass-through payment system that is to pay the investors, but first and foremost the payments are only to pay the Principal, Interest, Taxes, Insurance and HOA. Now the way this should work is the payment come in and the borrower’s account is credited for the payment and what the lender does after that point is the lender business as they can transfer the Principal & Interest to whoever they please because it their money.

    However as with WaMu and on Jul 31, 2006 they entered into the servicing agreement, and Wells Fargo took possession of all the loans that included the Notes as the purchased the entire building the files were being serviced. This was to prevent the blank Notes being in the possession of WaMu in the event when (not if) WaMu collapsed. The ultimate “remote bankruptcy procedure”! Had these blank Notes been sitting in WaMu hands on Sept 25, 2008 when the bank was seized the bankruptcy court would have ruled on if there was a ownership of these Notes.

    Because the Notes were no in the possession of WaMu the issue never came up as to any ownership because the Notes were relinquished and under UCC3 it was a done deal. The deal technically can never be undone because the hold of the Note has no financial interest in the loans and cannot act in anyway on the blank endorse Notes they are not name on any of the Note as owner of.

    The servicer in Wells Fargo presents to the local courts that they are the owner of the loans by getting itself placed in title, and next they foreclose selling the loans to the FHA & VA and submitting and receiving insurance claim they have not right to file as they admit they working for Ginnie.

    Because Neil does not read these comments he years behind as we are because he wants to uncover the crime for himself instead of taking victims or an insider and hit the lenders in the pockets. These one case win where you are granted a modification for them is not like taking a wronged group of foreclose households and make the bank that not got any financial interest cough up the monies times 3, as restitution!

  32. When you read the article at the link provided by Neil, you see it is a Wisconsin case making the determination that investors are impacted by recourse / non-recourse loans in the REMIC. Note most endorsements on residential notes are made ‘without recourse’. This is the essential dis-connect of the mortgage from the debt in Wisconsin. Mileage will vary in other states.

  33. @iwantmynpv, How do you sell a securitization report if there is no securitization, by creating fraudulent and forged documents. Just more fraud on top of the fraud.

  34. Posted 12/31/14

    At the end of 2006 I called the market top for RE, which occurred in July 2007. All indicators point to a market top in June 2015, and you will all see that i was right come 2016.

    BAC and Morgan Stanley are both good short positions to open in January, and for those that purchased SWIR at 18 – it is time to take profits. It can be repurchased at 37 for a long-term hold.
    This what I am doing in January 2015.

    TSMIMITW

  35. Ian, that is a real life question that will not be answered on any blog. It is court to court, and most anyway, appear to follow the UCC.

    Not to be petty; but how do you sell a securitization report if there is no securitization? Am I missing something here?

  36. So Neil,
    Now you are telling us that even if the “trusts/REMIC’S” exist, they have no recourse against the collateral(house)?
    And this is because the notes are unsecured by the mortgages because they’ve been split?
    Is this a published opinion? Have these attys gotten the same results before this decision?
    And what happens if it is proven that any given trust doesn’t exist? Do the courts then revert to straight UCC contract law?
    Where are your comments on what this holds for persons in the foreclosure netherworld, past , present and future?
    Thx

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