Showing posts with label Assignment of Deed of Trust. Show all posts
Showing posts with label Assignment of Deed of Trust. Show all posts

Sunday, July 16, 2023

What If Your Wrongful Foreclosure Was Already Void, But You Were Unaware Of This Fact?

If you don't stick to your values when they're being tested, they're not values: they're hobbies.
               Jon Stewart

Republished by Danny Hammond of the 3/4 court press
04-21-2022


I have just read a very long email from a borrower who was trying to tell me how he had proven over and over that the foreclosing party which does not exist, did not have the right to foreclose. He has been in court for years and suffered nearly unimaginable suffering and pain and costs.

But, I can imagine. I can remember. Trying to figure out the courts

shouldn't be that hard, should it? The court seems crazy. But, what if Chuck's court is only incompetent? What if this judge is just a no-talent judge guy.

This judge won't learn anything because the other judge guys will protect him from the Borrower. He will protect his other judge guys also, so.....they won't learn anything either. That's how judges go. They are Knuckleheads. They all used to be attorney guys.

I know this is true. After years of working it out, I know that the majority of judges in these mortgage fraud cases are hopelessly devoid of knowledge of, or experience with, real estate chains of title or real estate law, or finance.

When I reply to him I know what I will say. It has been going around in my head like a song for a year. It will go something like this:

 CONTINUE READING
Comment at:  mtgfrd.info@gmail.com
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Wednesday, July 12, 2023

The Constitutional, Irreducible, Minimum Requirements of Article III Standing As Defined By the The United States Supreme Court- From "The Pro Se Series" by Danny Hammond: Foreclosure Fraud Primer 101 #4

“All power is originally vested in, and consequently derived from, the people.”

The United States Constitution

by Danny Hammond  mtgfrd.info@gmail.com


The judge promised when he took the job that he, or she, would enforce and protect the laws that come from the constitution and that they would defend the court ferociously from losing the public trust in the integrity of the court.

Maybe that was too much to ask from some pompous asses. Why did we all expect more of judges and attorneys anyway? If I am any part of the public, then I can tell you for sure, the courts have already lost some of MY public trust.

It is difficult for me to pull Borrowers back from their searches for Promissory Notes, and the Assignments of Mortgage, MERS, PSA, etc., etc., thinking like Dick Tracy and Perry Mason, as well as Captain Kirk looking for a way to "prove" that the party trying to foreclose on them does not have the authority, or, STANDING, to do so.

But, if what I say is true and the judges are letting the attorneys run amuck like the 2nd graders in my description, who can blame the attorneys for running amuck. "Amuck" is quickly becoming synonymous with the "actions of the courts" to me.

If you had seen judges simply ignore proof when it is presented as much as I have, then what I am now really trying to say is that this whole thing is only about Standing and nothing else. The initial burden of determining if the foreclosing party is a party with Standing is the review of the concrete and particularized evidence and the review of that evidence and the burden of proof is on the foreclosing party and the review of this "concrete and particularized" proof is the very foundation of law and it is the judge who must find Standing of the Foreclosing Party or refuse to take the case. The burden of investigating the "story" of the foreclosing is NOT ON THE BORROWER. 
CONTINUE READING


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Sunday, July 2, 2023

RATED LO For Disturbing Language by an Old Guy: In Debating About When It Is The Right Time to Sue Your Judge and Why I Have Become a Little Testy. I Just Wrote This To Tom Who I Really Respect.

“I needed a drink, I needed a lot of life insurance, I needed a vacation, I needed a home in the country. What I had was a coat, a hat and a gun. I put them on and went out of the room.”
                                            ― Raymond Chandler, Farewell, My Lovely



Tom, more than two times in that old law thing that you had me read, it clearly says “It was formerly a rule on pleading that pleas……" This could be a reference to old common law or even English law.

Nowhere did I see stated any current law. I have read and researched and in real life interaction with judges I have never seen any resistance to a pro Se filing anything that an attorney can file. 

Now I have seen judges not rule on a filing in 180 days when they only have 30 to rule on a dispositive motion. 

It is my strong opinion that a judge who has not taken up any dispositive Motion from me as directed by MO Sup Ct Civil Procedure (and the federal court system)  has committed the crime of deprivation of my civil rights. 

 But you can’t jump up on his bench and slap the dumb fuck around until he recognizes his duty. (Although I am thinking about trying) 



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Tuesday, May 9, 2023

MORTGAGE FRAUD: It Is A Straight Line! Your Entire Fraudulent Foreclosure Case Is Based On A Straight Line With No Gaps. But In Today's Corrupted System There Are Always Unexplainable Gaps.

If you fall during your life, it doesn't matter. You're never a failure as long as you try to get up. 
                                                                                                                          Evel Knievel
                           
Republished by Danny Hammond
I have read and I still read many messages from Borrowers
who are looking for help against mortgage fraud and wrongful foreclosure involving their homes.  Lately, I have run into
several Facebook Groups that exist for their members to collaborate and share their own searches on the internet
and strategies that they have heard about or read about.
There are some issues with this that are causing them to

get overwhelmed and stuck.  I know a lot about this.  

 Not because I am so smart, but because I have gotten overwhelmed and stuck.

It was easier for me to overcome because I learned about the Chain of Title of records
recorded against the property that houses sit on starting at 12 years old with my Dad.  Most
people never really deal with it more than once or twice in their lives.

Everything in life has a straight line.  A beginning and the middle and the end.  They never
change positions.  In real estate, the straight line is usually more obvious than say a drive
across the country.

CONTINUE READING

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Monday, May 8, 2023

The Borrower Can Challenge The Assignments Of The Security Instruments Pursuant To The Rulings In "Slorp": The United States Court Of Appeals 6th Circuit

They're leaving you nothing and nowhere to go
Just put you in the corner like an old banjo
The strings are breakin' but you can't say no
You're runnin' with the devil and it's touch and go

                                               Emerson Lake and Powel (Running with the Devil)

RICK A. SLORP, Plaintiff-Appellant, v. LERNER, SAMPSON & ROTHFUSS; BANK OF AMERICA, N.A.; SHELLIE HILL; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Defendants-Appellees.

 ALL OF THE FORECLOSING PARTIES HAVE BEEN USING THE WORN OUT INTERPRETATION  OF LAW,  SAYING "THE BORROWERS CANNOT CHALLENGE ANY ASSIGNMENTS OF THE MORTGAGE".   BUT, MORTGAGE FRAUD CHANGES ALL OF THAT ACCORDING TO THE SIXTH CIRCUIT APPEALS COURT IN "SLORP"!




   Republished by Danny Hammond

   mtgfrd.info@gmail.com

The Imposter Foreclosing Party almost always claims that the Borrower (as the mortgagor) cannot challenge assignments. You did make your Promissory Note negotiable according to the terms of your Promissory Note that you allegedly signed. That is why the foreclosing parties use this interpretation.

 But did the foreclosing party buy it legally? No almost assuredly it was never involved in a purchase and sale transaction which even involved any real purchase of your debt.  

When it did not, that's Fraud.  No matter what claims your foreclosing party makes if there is fraud present it changes the rules.  It is impossible to commit a legal act using fraudulent means or tactics.  So, this argument that the Borrower is a 3rd party to the sale of the loan and cannot challenge its validity is nonsense.  There are two reasons why I have never seen a good foreclosure (a legal one).

I really gained an understanding of how Borrowers were being railroaded and how real property laws were being broken many times every day by judges when I first read the case known as "Slorp". The attorneys we see as our adversaries could not operate as they do without the judge's inactions.  Like little kids, who without supervision, the attorneys will run amuck.  A judge is constitutionally bound to be this supervision.  It is the judge who is your adversary.  Continue reading this post and I have included the full case of Rick Slorp v Bank of America et. al.  This may be the best information you will ever read concerning your own case.

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Saturday, April 23, 2022

From "The Pro Se Series by Danny Hammond: THE IMPORTANCE OF CHALLENGING THE CONSTITUTIONAL STANDING TO FORECLOSE CONCERNING YOUR FRAUDULENT LENDER AND THE "SUBJECT MATTER JURISDICTION" OF THE COURT. THIS IS EXACTLY THE SAME IN BOTH JUDICIAL AND NON-JUDICIAL FORECLOSURES AND STATE AND FEDERAL COURTS

“Until you guys own your own souls you don't own mine. Until you guys can be trusted every time and always, in all times and conditions, to seek the truth out and find it and let the chips fall where they may—until that time comes, I have the right to listen to my conscience and protect my client the best way I can. Until I'm sure you won't do him more harm than you'll do the truth good. Or until I'm hauled before somebody that can make me talk."      Raymond Chandler "High Window"

Republished by Danny Hammond


IF YOU ONLY RETAIN THREE WORDS FROM THIS POST YOU WILL NOT HAVE WASTED YOUR TIME.


THE WORDS ARE:  "INJURY IN FACT"



Article III of the Constitution of the United States as defined by the U.S. Supreme Court has long ago established a constitutional, irreducible, minimum set of requirements for a party in a genuine dispute to establish that it has the Standing to redress a claimed "Injury In Fact" before it can bring a dispute before any court.

Without the existence of Standing all courts in the land must acknowledge that the court has no subject matter jurisdiction to hear any merits of a case and that it has no choice whatsoever but to dismiss the subject action.

In Borrower's cases, this subject action is the claim that the foreclosing party is the party in interest that has the "right" to foreclose on a Borrower's property and that it is claiming and proving that it has been injured by the Borrower enabling its right to foreclose.
The three requirements to prove Standing in a case involving Judicial Foreclosure state foreclosure actions in which the foreclosing party is the Plaintiff and the Borrower is the defendant.


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Saturday, December 19, 2020

IT IS ALWAYS THE INNOCENTS. THEY ARE JUST FAMILIES WHO BELIEVE IN THEIR COUNTRY AND ITS SYSTEM OF JUSTICE. I'M SICK OF IT. THE CRIME IS ALWAYS DONE THE SAME STUPID LITTLE WAY. THE DEVIL IS IN THE DETAIL

Each Case Looks Different.  Each Borrower Thinks That His or Her Case Has Special Details of Fraud or Criminal Behavior.  Their Cases Are Not Different. Your Case Is Not Different.

So, Listen Up Kiddos.  Here Are The Details That The Devil Is In (Learn it, Love it, Live it)

"A settled plan to deprive the people of the benefits, blessings, and ends of the contract, to subvert the fundamentals of the constitution, to deprive them of all share in making and executing laws, will justify a revolution.'''  
                                        John  Adams, Novanglus Papers, 1774

When I get a call from a Borrower wanting to talk over their foreclosure situation I always show them that they have nothing new, by showing them a magic trick.  I tell them that I need two pieces of their records to put their case into a timeline.  (See my article "It is a Straight Line" Everything is a Straight Line").

There are basically two sets of records in every case that exist and that have been based on the same set of fraudulent information since 1999.  It never changes.  There is no good reason to think about it.  It makes no difference if your state is a judicial foreclosure state or a non-judicial foreclosure state.  It doesn't matter if there is a server named Ocwen, Greentree, SPS, or the newly discovered Planet Mortgage.  (The real name of a new mtg broker.)

The two sets of records are:

1.) The court docket is the listed items that have been "filed" into your case in the order and the date that they were recorded.  This begins with a lawsuit (sometimes called a Complaint or Petition) and runs until there is an order or ruling which ("appears") to end the case.  In a case filed before 1999, this filed order probably did end the case.  That is not true, but we will get to that.

The docket includes everything that makes any difference which was filed by you, the foreclosing party, and the court.

2.)  All of the instruments, documents, liens, and other "things" that have been recorded by the recorder's office in your county on or against or for the legal description in your case.  If your case is a Federal Court the filed docket is there and the recorded "things of all kinds" affecting the legal description of your property are still at your county recorder's office.

First I will go in the loose order of what I expect I am going to see in every case.

CONTINUE READING


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Wednesday, September 23, 2020

YOU WORKED HARD TO SAVE YOUR HOME FROM FORECLOSURE AND STILL LOST IT OR ARE LOSING IT. WERE YOU DOOMED BY MORTGAGE FRAUD BEFORE YOU EVEN STARTED?.... YEP. I RECKON SO.

BUT, USING YOUR RIGHTS IN THE CONSTITUTION, YOU CAN STILL GET IT BACK! 

Fairy tales are more than true: not because they tell us that dragons exist, but because they tell us that dragons can be beaten.-  

                                                                   G.K. Chesterton

After seven years of doing nothing else, but studying and researching mortgage fraud, I have finally figured out how to tell you how the whole deal worked.

 I have had a dozen epiphanies along the way.  Each time I believed that I had finally discovered the formula of winning cases that should have been winners.

But, in actuality, I had found something very important, but there was another layer just behind it.  Like the way actors describe an onion and how you peel away one layer just to find another under it over and over.

Recently, I got my head around two rather significant issues.    CONTINUE READING

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Monday, August 24, 2020

Blogger will not let me keep going down. So, if you want to see my Posts in a straight line. Click on the title to see MORE POSTS FROM THE FORECLOSURE SOLUTIONS GROUP & DANNY HAMMOND


AS I LISTEN TO WHAT BORROWERS ARE TELLING ME AND AS I READ BORROWER'S POSTS IN FACEBOOK GROUPS, IT IS EASY TO SEE THAT BORROWERS ARE SMART, BUT THEY ARE THE VICTIMS OF FORECLOSING PARTIES 3 MAIN STRATEGIES

















FRAUDULENT FORECLOSURE SALE WITH NO DETAILED ACCOUNTING OF THE DISBURSEMENT OF THE PROCEEDS FROM THE SALE

CONTRARY TO POPULAR BELIEF THE FOLLOWING CALCULATION IS RIDICULOUS MYTH AND LEGEND  “BAD MORTGAGE LOAN” =  “BAD MORTGAGE BORROWER”

MORTGAGE FRAUD: THERE IS NO MAGIC BULLET, TRICKY ANGLE, NOR AN "AHA!" MOMENT. THE REMEDY WAS EMBEDDED IN THE CONSTITUTION BY THE BRILLIANT ANCIENTS

WHAT IF YOUR WRONGFUL FORECLOSURE WAS ALREADY VOID, BUT YOU WERE UNAWARE OF IT?

IF YOU WERE FORECLOSED AFTER YOUR MONTHLY PAYMENT SUDDENLY JUMPED UP DRAMATICALLY, YOU WERE A VICTIM OF WHAT I CALL A CALENDAR ARM

SUBJECT: MORTGAGE FRAUD--I SAY THAT YOU SHOULD SUE YOUR JUDGE, BUT UNLESS I DO IT MYSELF ISN'T THAT ADVICE A LITTLE LAME.?



YOU HAVEN'T THOUGHT ABOUT THE MORTGAGE CRISIS FOR A LONG TIME.  DID YOU THINK IT WAS OVER?  THOUSANDS OF PENSION FUNDS BOUGHT THE WALL STREET MORTGAGE-BACKED SECURITIES BONDS CALLED TOXIC BY FEDERAL RESERVE WHICH BOUGHT THEM BACK AT PAR WITH THE MONEY THEY PRINTED











 MY NEW METAPHOR FOR "MORTGAGE FRAUD" IS A GAMBLING CASINO THAT LETS NO ONE WIN, WITHOUT ANYONE REALIZING IT





SHORT SALE OR DEED IN LIEU OF FORECLOSURE: WHICH IS THE BEST STRATEGY? NONE OF THEM!





































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