These are voidable, not void, transactions. As with all foreclosure litigation, the pleading and proof is tricky. If you deny that the document is true and that the signature on it is true, you are denying that you assented to its terms and that your signature was fraudulently induced. It is also highly probable if not definite that most of the so-called promissory notes were destroyed or “lost”, putting the burden on the the party who wishes to use a copy to tell the story of how it was lost or destroyed and proving that an actual financial transaction took place between the pretender lender and the borrower — a fact that cannot be proved without fabricated documents based upon perjury for its foundation.
Pretender lenders get around this impossible burden of proof by producing “the original” which is anything but the original (see Photoshop) and without proper foundation from a competent witness who can testify as to the foundation and introduce documents proving that the payee on the note, the secured party on the note, were each involved in a financial transaction with the homeowner — and that therefore these documents are accurate depictions or evidence of the terms of the transaction.
The trick was simple: present a note that looks like a note and present a mortgage that looks like a mortgage even if they are not the originals, lift the signature of the homeowner from some other document and affix it to the the documentes in quesstion. 9 out of 10 times the homeowner will concede that those are the the documents presented him at closing, that the signature is his and so it goes through the loan, default etc.
By the time the illicit proffer of evidence is completed by opposing counsel (without a single stitch of evidence introduced into the record) the borrower is seen as admitting the loan, the note, the mortgage, the default etc. and thus trying to find some gimmick to get out of the perfectly “legal” obligation.
The perfectly “legal” obligation took place between the homeowner and the lender (Pension Fund) — but here is the rub: there are no documents to show that except for wire transfer instructions. Hence, the mortgage, note and other closing documents are completely fictitious, even without the obvious elephant in the living room — appraisal fraud.
The position of the pretender lenders is simple: even if the actual transaction was between the homeowner and the actual lender, they still own the note and mortgage to the exclusion of the actual lender, until such time as the loan goes into default, is sold in foreclosure and the homeowner is evicted. While it it might be true that they own the pieces of paper depicted as the note, mortgage and HUD closing statement, they certainly did not comply with the disclosure requirements of TILA and RESPA.
They ignore the elements of the PSA and prospectus that certainly imply that the proceeds of insurance, credit default swaps etc should be paid to or credited to the the actual lenders, but they ignore that, thus maintaining a liability to the actual lender from the pretender lender and creating the holographic image of an obligation from the homeowner created on paper but without any factual foundation where money exchanged hands.
Most of all they ignore the time limits placed on the transaction in which the loan must be transferred to the actual lender — 90 days, according to the PSA and the REMIC provisions of the IRC. And worst of all, they ignore the essential premise of the transaction with the lender to wit: “We promise to give you interest and principal based upon payments from borrowers of interest and principal, guaranteed by the subservicer and Master Servicer, who are insured by Triple A rated insurance companies (AIG) on securities that have also been examined and awarded a Triple A rating. These loans will only be funded after being subject to the stringent requirements of the industry standard underwriting practices.” None of it was true, of course.
But more importantly, they are NOW trying to throw the loss of a bad loan over the fence at the investor where the closeout date was years prior to the “assignment” and the loan is already in default thus preventing the manager of any pool from accepting the defective loan without violating every aspect of his authority to act on behalf of the pool.
In short, the players in the myth of securitization (it never happened, none of it) borrowed the ownership as long as it was convenient to do so in trading and purchasing insurance and other hedge products and borrowed the loss of the actual lenders (Pension Funds) in order to receive TARP and other bailouts amounting to more than $17 trillion (which happens to be 5-6 times the actual defaulted loans and 12 times the actual losses on even the toxic loans) and 130% of ALL loans funded during the mortgage meltdown.
And that is why I say ALL the mortgages have been paid — interest and principal and that anyone paying on a mortgage is probably overpaying the creditor — who has been paid in full directly or indirectly multiple times.
Where’s the law on this, is the common question. Here it is, backed up by hundreds of years of common law and case decisions:
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Tags: Keywords Tags, filed as:Danny Hammond,subject matter jurisdiction,Article III,Article III of the United States of America,Challenging Standing under FRCP Rule 12 (b)(1) in wrongful foreclosure,Injury in Fact requirement for standing to foreclose,challenge standing,injury in fact,wrongful eviction,self-help eviction,stop eviction,challenge standing, challenge subject matter jurisdiction, foreclosure attorneys, saving my family's home, affordable fraud defenses, pro se, learn what pro se means, fighting foreclosure, consultants,stopping foreclosure, I can represent myself against my lender,save my house,save my home,help me save my home;can't find a foreclosure fraud attorney.Ocwen,Ocwen Loan Servicing, LLC,Fannie Mae, Federal National Mortgage Association,Green Tree, Nationstar,LITTON LOAN SERVICING,RESIDENTIAL CREDIT,RESCAP LIQUIDATION TRUST,COUNTRYWIDE HOME LOANS,ARGENT MORTGAGE CORPORATION,AMERIQUEST,AMERICA'SWHOLESALELENDERS,FREEMONTMORTGAGE SECURITIES CORPORATION,FREEMONT INVESTMENT LOAN,CITIMORTGAGE,HSBC MORTGAGE CORP,TAYLOR BEANE & WHITAKERMORTGAGE CORP,FANNIE MAE,FREDDIE MAC,GINNIE MAE,WACHOVIA MORTGAGE CORPORATION,BANK OF AMERICA,ADVANCE MORTGAGE CORPORATION,JP MORGAN CHASE,CHASE MORTGAGE CORPORATION,INDYMAC BANK FSB,AMERICAN HOME MORTGAGE,PEOPLES BANK,SUNTRUST BANK,FINANCE AMERICA, LLC,INTERBAY FUNDING, LLC,PULASKI BANK,UNITED FIDELITY FUNDING CORPORATION,WORLD SAVINGS BANK,WELLS FARGO BANK N.A.,GMAC MORTGAGE,GMAC Mortgage, LLC,DHI MORTGAGE COMPANY LTD,CARRINGTON MORTGAGE LOAN TRUST,Carrington Mortgage,FRANKLINBANKSSB,BANK OF AMERICA,NEW CENTURY MORTGAGE,MORTGAGE ONECORP,MORTGAGE LENDER'S NETWORK USA, INC.,AEGIS FUNDING CORP,WILMINGTON FINANCE,a division of AIG Federal Savings Bank,Caliber Mortgage,US BANK N.A.,RESCAP GMAC MORTGAGE LLC FEDERAL BANKRUPTCY FRAUD, Deutsche Bank,Deutsch Bank National Trust Company as Trustee,Deutsche Bank Trust Company Americas as Trustee,US Bank N.A. as Trustee,Bank of New York as Trustee
Tags: Keywords Tags, filed as:Danny Hammond,subject matter jurisdiction,Article III,Article III of the United States of America,Challenging Standing under FRCP Rule 12 (b)(1) in wrongful foreclosure,Injury in Fact requirement for standing to foreclose,challenge standing,injury in fact,wrongful eviction,self-help eviction,stop eviction,challenge standing, challenge subject matter jurisdiction, foreclosure attorneys, saving my family's home, affordable fraud defenses, pro se, learn what pro se means, fighting foreclosure, consultants,stopping foreclosure, I can represent myself against my lender,save my house,save my home,help me save my home;can't find a foreclosure fraud attorney.Ocwen,Ocwen Loan Servicing, LLC,Fannie Mae, Federal National Mortgage Association,Green Tree, Nationstar,LITTON LOAN SERVICING,RESIDENTIAL CREDIT,RESCAP LIQUIDATION TRUST,COUNTRYWIDE HOME LOANS,ARGENT MORTGAGE CORPORATION,AMERIQUEST,AMERICA'SWHOLESALELENDERS,FREEMONTMORTGAGE SECURITIES CORPORATION,FREEMONT INVESTMENT LOAN,CITIMORTGAGE,HSBC MORTGAGE CORP,TAYLOR BEANE & WHITAKERMORTGAGE CORP,FANNIE MAE,FREDDIE MAC,GINNIE MAE,WACHOVIA MORTGAGE CORPORATION,BANK OF AMERICA,ADVANCE MORTGAGE CORPORATION,JP MORGAN CHASE,CHASE MORTGAGE CORPORATION,INDYMAC BANK FSB,AMERICAN HOME MORTGAGE,PEOPLES BANK,SUNTRUST BANK,FINANCE AMERICA, LLC,INTERBAY FUNDING, LLC,PULASKI BANK,UNITED FIDELITY FUNDING CORPORATION,WORLD SAVINGS BANK,WELLS FARGO BANK N.A.,GMAC MORTGAGE,GMAC Mortgage, LLC,DHI MORTGAGE COMPANY LTD,CARRINGTON MORTGAGE LOAN TRUST,Carrington Mortgage,FRANKLINBANKSSB,BANK OF AMERICA,NEW CENTURY MORTGAGE,MORTGAGE ONECORP,MORTGAGE LENDER'S NETWORK USA, INC.,AEGIS FUNDING CORP,WILMINGTON FINANCE,a division of AIG Federal Savings Bank,Caliber Mortgage,US BANK N.A.,RESCAP GMAC MORTGAGE LLC FEDERAL BANKRUPTCY FRAUD, Deutsche Bank,Deutsch Bank National Trust Company as Trustee,Deutsche Bank Trust Company Americas as Trustee,US Bank N.A. as Trustee,Bank of New York as Trustee
