CONTINUE: HOW WILL I KNOW WHAT TO DO IF I SUE MY LENDER?

"IF YOU CAN'T AFFORD AN ATTORNEY AT THIS TIME, IT LEGAL AND POSSIBLE FOR YOU TO REPRESENT YOURSELF AS PRO SE" 

PART TWO

CONTINUE:

My "Lyin' Lender" was GMAC Mortgage, or so I thought in 2004.  I paid over two hundred 

thousand dollars to them based on these little coupons that were mailed to me demanding that my payments go to GMAC.  

I have a lot of real estate experience, but it would still be several years before I began to suspect that the little coupons were all the proof that was ever given to me that GMAC had purchased my loan.  They had instead stolen it.

I discovered my fraud earlier than most folks. My dad had begun to teach me about real estate chain of title issues when I was twelve years old and by my twenties I pretty much knew how it was supposed to work.  Upon closer examination, my GMAC deal made no sense.

I began to fight them in the way that the laws would indicate what was true. But our 

alleged lenders want to take us into an alley and beat us up.  Then they can steal all of our properties.  That doesn’t seem legal does it?

I began to fight them the way the laws would dictate, but the alleged lender GMAC wanted to take me into an alley and beat me up, then steal all of my properties. That didn't seem legal.

The great advantage I had over you was the fact that I was a partner in the mortgage brokerage that is named as the Lender on my important loan documents known as "instruments". The Instrument that is essential for both legal parties in the lending relationship is the Promissory Note.  This is where the unfathomable cheating, lying, counterfeiting and forgery began to mushroom in 1995.

In order for our company to put its’ name on to the instruments, our mortgage company must have funded the Note, or else it wasn’t the lender.  Our company never funded our loan to me.  We did only what our licensing as a mortgage broker allowed.  We brokered this loan out to what we thought was a real lender.  This real lender was not the lender, but was pretending to be the lender.  Our company did not create any of the loan documents being used against me. (believe me we have to get into that later, and we will).

The company we thought was the real lender was called West America Mortgage.  But that name was registered to do business in Missouri as a fictitious name (now read real slow and you will see nothing less than black magic).

The fictitious entity "West America" was owned by a company we never heard of named SGB Corporation (a Colorado Corporation).  We never saw the sucker punch that was coming next.  Somehow these Wall Street participants of Cornpone Avenue got it all mixed up.  The fake name company was using an agent named MERS which is allegedly “short” for Mortgage Electronic Registration Systems, Inc. (but it’s really not and we will deal with that later too).

GMAC had on its payroll (for ten years) the biggest and most famous Robo Signer of then all, Jeffrey Stephan. Jeffrey was ordered assign (forge) my deed of trust to GMAC BANK. (Are you still following?) But, this is all kinds of f**ked up.  It turns out that GMAC BANK was a fictitious name filed by the Missouri Secretary of state that was owned by GMAC Automotive Bank Corporation.  But, that was just a minor problem for such a major problem.

As it turns out the law in all 50 states says the same thing.  It is the Promissory Note that is assigned, or actually endorsed that must be paid for and delivered.  The fake named “Lenders” have been assigning the wrong document from one to another for two decades.  

A Deed of Trust or Mortgage can be assigned, but it is just stupid.  It has no effect on your loan.  It has no value.  It is important because it names the property you have pledged to let the real lender take if you don’t pay, but it is not the Promise that you will pay back the money you were loaned.

This is against the law.  MERS (not the real name) has paid no money for your Promissory Note and therefore has no interest in your Promissory Note which is what they must transfer.  But, on over ten million times (an actual "guess") MERS has assigned the Deed of Trust or Mortgage without any Note.

I have sworn to myself to keep this simple, so I will tell you later why, but basically nothing really happened at all.  MERS had no interest (money) in your loan so, even though MERS can legally assign anything it owns, if MERS owns 0% then the Buyer of the "loan" (using that term very loosely) received only what MERS had to sell.  The Fictitious Buyer received 0%.

Next a Fictitious Payee sends you a letter saying you owe it the money you borrowed and begins to collect money from you by using those little mailed coupons that say “Pay Me, or Else”.  You and I paid the Imposter because it never even occurred to us that this could all be based on a pack of lies.  But, it was.  This is a bunch serious crimes that can only be explained using lots of great legal terms We will get into this later also.

Now all of this is against the law, but since we want our homes back into our names and our possession and because we cannot shoot these Imposters, we must sue them.

Which is the subject of this blog.

We don’t go after them criminally, that goes to a prosecutor and it is no longer about you and your house.  It becomes a case of the state against your servicer.  No, you have to sue them civilly for all of the above and more.

You see, the old laws are just fine.  (Please, please keep Congress out of this ). There are no new laws needed.  It is the enforcement of old laws that that is needed.  This is all so outrageous there has been a little problem for me to get much traction going with the idea of winning using real laws meant for the purpose intended.  

Earlier I was describing the fact that almost no borrowers have any idea of how to do this and they are pretty beat up emotionally and financially. They don’t know how to sue and most attorneys are not really suited to do the right thing and get this country and its’ racketeer bankers under control. Most Borrowers can’t afford an attorney.  Even if they could, (and I have a list of 111 attorneys I have interviewed unsuccessfully. You can ask my wife, she tells the truth and spots a lie uncomfortably well.  I have tried to engage many different kinds of attorneys in some manner of productive conversation.

Two.  Two quality conversations out of 111.  The two attorneys were busy.  If no attorney knows these issues then they aren’t taking any clients through the court system to fight illegal foreclosure and therefore most judges have no experience at all in these matters.

It didn’t happen all at once, but I learned and my group followed and we all cast ourselves into the Sea of "Pro Se".  Zero losses and four wins in four years.  The four wins are all in the last six months.

That’s too long, but we were looking too hard for any legal help we could got for three years and received none.  We learned to do it ourselves.  We can teach it to you.

So, how does court work?  Let me try bullet pointing here, so I don’t ramble so much:

We figure out who has injured you and how.  Judges don’t really decide from their personal knowledge, because they aren’t allowed to by law.  We must put together a lawsuit, the simplest definition of a lawsuit is the story you want to tell the court (one judge or more than one) about what happened and who has followed the law and who has not.

In the story we use past cases a lot like ours and let the court know why these cases are relevant and why they prove we are right and how we want the court to use the laws from our perspective.  If the Imposter Lender tells a big lie, the court must take it as the truth until we dispute what has been said.  None of this is really physically in front of a judge.  It is all done by filing court papers back and forth between the parties in the lawsuit.

This is the whole point.  There must be a genuine dispute between two or more parties who can prove they have enough evidence to demonstrate that they could be right. Judges cannot get involved until at least two parties show they have the right to be in the court and that they both may be telling the truth.  This is called Standing of the parties and the genuine dispute creates Jurisdiction for the court to hear the case. 

Now if you have ever watched Perry Mason or Boston Legal this is where all of us were afraid.  We thought that we were going to go to a trial immediately and argue our case in front of the court and a jury against a professional litigator (attorney who specializes in talking to the court and arguing the case)

If it was anything like that you would lose early and you would have to prepare to move from your home.  But, it is not anything like that.  We help you organize your lawsuit based not on going before the judge, but using what’s called the Discovery phase to put the alleged foreclosing party (Imposter) into a position where they just have to quit.  The party trying to foreclose on you is the one that lied.  They were the cheaters.

In every case I have ever seen and each one that I have read about "lenders" have destroyed their own proof because they disregarded the need for proof.  They shouted “Boo!” to the Borrower, who promptly ran away.  You cannot win a fight if you leave the field. You cannot win unless you get up one more time than they knock you down.  You must dispute everything that is not true if you want to be heard, and win.

.

So, we build our case on the knuckleheads who are relying on half statements.  The ones refusing to answer or even acknowledge our case.  But, they do know when they don’t scare you and that you are informed about the law.  They know when you are determined to stick around and they know that this time they will lose.

So, now you take the completed lawsuit to the court house and file it.  The lawsuit will be based on the fact that the lender threatening to foreclose on you (or who already has) has never put a nickel into your loan.  If they are lying about the fact that they funded you the money when they did not, then they have no right to collect any money,  

The imposter’s attorney will have to answer every paragraph and the lawsuit you filed. Your lawsuit and the answers to it given by the imposters becomes the basis of the case.  You accuse them of cheating you and you must define what you mean by that and they try to prove you haven’t done your homework and that the case isn’t worth the court's and taxpayer's time..  

You are now the Plaintiff and the “Lender” is the Defendant.  We have just evened up the playing field.  It is now a fair fight.

Our group has been saving up the questions that we don’t believe they can answer. They will commit perjury if they lie and they will lose if they don’t answer.  You could do it in one question or 60.  But, you aren’t trying to impress them with legal words, or strategies.  You are just try to expose crimes.  You send the questions to their attorney and these questions are your Discovery.  When either side answers questions from the list they are sworn in.  Lying to the court is known as perjury.

Discovery is the trial, but it is kind of in the form of letters, but the Defendants are sworn into the court, even if they answer from hundreds of miles away and send it back.  They do the same to you.  This is how a trial is carried out.  No personal appearances (well, really one easy one).  

With our help you will follow the law precisely and tell the truth.  It’s hard to beat the truth when you are a pack of gangsters trying to steal houses from mothers, fathers and children.... and grandchildren and  yes, my Nicky B.

I have five clients I consult with in Federal Court where the Defendants can make us go, I am not an attorney and never will say that I am one.  But, I am a long time real estate broker, mortgage broker, developer, home builder and above all a chain of title expert.  I can give real estate advice all day long.  But, I can’t be your attorney.

But, listen to this.  I have my five properties and my house pulled by the bad guys to Federal Court.  That was really intimidating. But, now I don’t see the difference. Federal court moves slower and everyone is a little smarter and more consistent. 

In three years I have never seen one of our Federal judges in person and I don’t even know where the court rooms are.  I file items in the Federal Court House every day, but my clients and I have never seen the judges or a court room.

This explanation is simplistic, but the process is fair, affordable and a hell of a lot better than quitting because of your fear of the unknown.

We will look at your loan documents for FREE and tell you what you have and what can be done.  It would not be right for me to tell you that I know you will win.  But, I do believe we are now to the point that if we can make everyone obey the law, including judges, you should win.

If you want to get answer to some specific questions write them on the following form and give me a way to get back to you and I will answer them quickly because I have been through everything you are about to.  I guess I’m like a jungle guide.  I’ll do my best to get you to the other side.

Questions:  Click Here

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