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

"The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse." 

                        James Madison

by Danny Hammond

I just got an email from a reader who was asking me once again, to tell him the best way to prove that a foreclosing party was not a "party in interest".  I am working on turning in a federal lawsuit against a federal lawsuit next week.  I have answered this question a thousand times (gross exaggeration).  The answer is always the same.  A borrower never has the burden of proof.  It is the foreclosing party and the judge of the court that have that burden.  Borrowers don't try to find your Promissory Note, it is the foreclosing party that does not have that note.  Why would you help them?  Make the court run the case as was directed in Article III of the constitution. That answer can be found in multiple places in this blog.  But, I had a different answer to the problem.  Read it below.

Richard, I have been preaching the same thing for a year and a half.  The laws cannot vary from state to state. The vast majority of judges are not even aware of the laws that remove their immunity due to actions of their own.  

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Foreclosure Fraud: Mortgage Fraud Does Not Mean the Same Thing as Home Loan Fraud

"WHAT IF THE HANKY PANKY IS WHAT IT'S ALL ABOUT?"   

                                                                    A bumper sticker

A mortgage (the same thing as a Deed of Trust) is no more than the rule book for the agreement between the lender and the Borrrer of what happens if a Borrower can or cannot pay back his loan.   The presence of fraud isn't the burden of the Borrower to prove in court. That is the constitutional duty of the judge.  The judges are betraying their oath to protect the constitution and the "public perception of the nation's courts" on a massive scale.

by Danny Hammond
mtgfrd.info@gmail.com

MORTGAGE:  Defined as-- "mortgage [a conditional conveyance of property as security for the repayment of a loan]"  Proper term is "Security Instrument"

FRAUD:  Defined as-- an intentional misrepresentation of material existing fact made by one person to another with knowledge of its falsity and for the purpose of inducing the other person to act, and upon which the other person relies with resulting injury or damage.

Foreclosing Parties have to prove with concrete and particularized evidence that they are acting legally at the beginning of a case they begin because they are wanting to take something away from someone is who is in possession of the thing.  In other words, the Foreclosing Party must prove that they are, in fact, not committing fraud.  The Borrower is being made to "prove" fraud, by judges is a violation of the constitution, a very grave and wrongful act for a judge.  

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