US Bank, Its Trust Department, Or Its Meddling Henchmen Have Been Showing Up In 75% Of All Of Our Foreclosure Cases In The Last Few Years. Are They A Criminal Operation?

 Yes, They Are a Criminal Organization.

 "Venal and evil men are destroying the world you were born in. It's us against them, my good friend. Don't compromise your principle  or abandon your cause." 

                                                                                             

                                                                                                 Major General John Bell Hood CSA

US Bank's own Trust Department Brochure is a bombshell revelation.  It says that a Corporate Trustee has no authority or ability to participate in any Real Estate Foreclosures

In the battle to defend your home from wrongful foreclosure, homeowners often find themselves up against big names like U.S. Bank, Deutsche Bank, or Bank of New York Mellon. These “trustees” appear on foreclosure documents, often leading homeowners to believe these institutions are actively managing their loans and directly pulling the strings in the foreclosure process. But here’s the truth: *They’re not*.

We have been using a US Bank Trust Department marketing brochure for years that makes their role as a loan trustee or a mortgage-backed security trustee (the word trustee has many meaning in foreclosures. This confuses Borrowers and it is intentional.  But, the marketing brochure put out by the US Bank Trust Department makes what "CAN'T HAPPEN" crystal clear. It’s like hearing from the horse’s mouth that the supposed power these trustees hold over your mortgage is largely a facade. This document exposes a shocking reality that many homeowners – and even their attorneys – don’t fully understand. Let’s break it down.

In U.S. Bank’s own words, as a trustee for Mortgage-Backed Securities (MBS), they perform a narrow set of duties:

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The Term "Void" Is Often Used In Contrast To "Voidable" And "Unenforceable". The Main Difference Is That An Action That Is Voidable Remains Valid Until It Is Avoided.

“I was playing for time. Just for time. I played the wrong way, of course.”

Raymond Chandler

"Here cum da Judge"

   by Danny Hammond of the 3/4 Court Press.

  

Surely no one can truly believe that it is the Borrowers that come up with these bizarre scenarios? 

My sister uh, Mary, is an attorney, who is probably the smartest person I have ever known, was home this weekend and I asked about maybe we should be objecting to the new judge in this case who has oddly not committed a crime yet, and he was going to take over to provide cover for the original judge who had committed all of the crimes by removing the case to Federal Court.  That is like stealing 3rd base from 1st base.  No one would do that.  The Constitution is perfectly clear.  Not on stealing 3rd, but removing a VOID case to Federal court.  You can't do that.  

Although, if he says one more sentence, we are gonna pounce hard on him and make him the defendant, not as a judge but as himself, and make it stick.  

Mary came up with a Motion For Reconsideration, which startled me because I had actually begun to believe that was a term I made up, because I never had a judge comment on it, even though I tried it over 7 and a half billion times while helping Borrowers understand courts and such.

I told her that I just didn't see how you could remove VOID.  It is unthinkable.  Void cannot be arranged.  It is nothingness.  It never was.  It can never even be.

She kind of agreed.  But, neither of us could explain that notion in "earth terms". 

(You see, most attorneys don't ever deal with law all that much.  Except sewer court rat attorneys like ambulance chasers and Borrower representation in foreclosure).  Once again, I must speak up.

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From The Comments That I Am Getting, I Think I Am Concentrating Too Much On What Is True, But Not Explaining What is False. So, Here Goes

 

And the men who hold high places,  Must be the ones to Start, To mold a new reality, Closer to the Heart.

The Blacksmith and the Artist, Reflect it in their art, and Forge their creativity, Closer to the Heart.

Philosophers and Ploughmen, Each must know his part & Sow a new Mentality, Closer to the Heart.

You can be the Captain and I will draw the Chart, Sailing into destiny, Closer to the Heart.

Closer to the Heart. 

                                                                                                                                Rock Band "Rush"

I am getting an increasing number of pleas for me to help people who think they are in the middle of a Modification of their loan.  I thought we were done with that in 2012.

Modifications usually start with a 3 month "trial" to see if you can now pay on time.  Everyone that calls me passed this part according to the rules given to them.  Pay 3 month on time.

Then the wickedness sets in.  All sorts of "reasons" begin to be received by the Borrower regarding why their trial failed.  Most are absurd.  The Borrower did not respond in the right amount of time.  The Borrower used the wrong means of notification to the (usually the Servicer), whatever that means at that moment.

So, I will try to explain how and why a modification of your loan was supposed to be done when you got behind and just wanted to do the right thing to catch up.

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The U.S. Department Of Treasury is tasked with the oversight of the HOME AFFORDABLE MODIFICATION ACT (HAMP) It was a very good law as written, but the Treasury left it up to the Lender or Servicer to administrate it.

Home Affordable Modification Program (HAMP)

The largest program within MHA is the Home Affordable Modification Program (HAMP). HAMP’s goal

is to offer homeowners who are at risk of foreclosure reduced monthly mortgage payments that are 

affordable and sustainable over the long-term.

HAMP was designed to help families who are struggling to remain in their homes and show:

• Documented financial hardship.
• An ability to make their monthly mortgage payments after a modification.

HAMP is a voluntary program that supports servicers’ efforts to modify mortgages, while

protecting taxpayers’ interests. To protect taxpayers, MHA housing initiatives have pay‐for‐

success incentives. This means that funds are spent only when transactions are completed

and only as long as those contracts remain in place. Therefore, funds will be disbursed over

many years.

Starting in the summer of 2012, the scope of the program will expand to help even more

families in need.

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HAMP works by encouraging participating mortgage servicers to modify mortgages so

struggling homeowners can have lower monthly payments and avoid foreclosure. It has

specific eligibility requirements for homeowners and includes strict guidelines for servicers.

The program includes incentives for homeowners, servicers, and investors to encourage

successful mortgage modifications.

Families in this program typically reduce their monthly payments by a median of more than 

$530 each month. But the program’s impact goes even further. HAMP has also encouraged

private lenders to modify mortgages at no expense to taxpayers.

When the housing crisis began, the mortgage industry was ill-equipped to respond adequately.

Mortgage servicers had insufficient resources to address the needs of a market that was

reeling from increasing foreclosures. In addition, their servicing expertise and infrastructure

was limited to overseeing collections and foreclosing on those who failed to pay. They did not 

have the systems, staffing, operational capacity, or incentives to engage with homeowners on 

a large scale and offer meaningful relief from unaffordable mortgages.

Before HAMP, there was no standard approach among loan servicers or investors about how

to help homeowners who wanted to keep making payments, but needed mortgage assistance.

By setting standards for what constitutes a sustainable modification across the mortgage 

industry, HAMP has helped to make private loan modifications more affordable for

homeowners. 

In fact, thanks in part to HAMP, the proportion of private loan modifications 

that reduce monthly payments for homeowners has more than doubled. Together, public and

private efforts have helped nearly 5 million Americans get mortgage assistance to prevent

avoidable foreclosures.

MHA includes comprehensive compliance reviews to ensure that servicers fairly evaluate

homeowners for assistance and follow program guidelines. Treasury requires participating

servicers to take specific actions to improve their servicing processes to more effectively assist 

struggling homeowners. While more progress needs to be made, servicers are focusing

attention on the areas identified through regular compliance and program reviews.

Note: If you are a homeowner seeking help with your mortgage, please visit Making Home

Affordable.

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Accounting Of The Foreclosure Sale Proceeds, Credit Bid and; Deficiencey Or Surplus Due To The Borrower

“Court business is a hell of a problem. It’s a good deal like politics. It asks for the highest type of men and women, and there’s nothing in it to attract the highest type of men and women. So we have to work with what we get...”
                                     Paraphrasing of ― Raymond Chandler, The Lady in the Lake

WATCH THIS VIDEO IT IS IMPORTANT

@mtgfrd  On YouTube Search

or search for - "Danny Hammond foreclosure" You will find it.

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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 of the 3/4 Court Press  

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 public perception of the court ferociously in order to keep 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 RIGHT or, STANDING, to do so.

CONTINUE READING

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The Truth of the Matter, The Thing Itself, There is No Other THING, Because The Truth of The Matter, Is That You Were Foreclosed On With The Assignment of Your Mortgage Or Deed of Trust.

This Is Not Possible in Law or Magic

"The secret of life is honesty and fair dealing. If you can fake that, you've got it made."

                                                                                                              Groucho Marx

               

Danny Hammond
of the 3/4 Court Press

This was a strange evening. I woke up in my recliner at 6 pm, only I thought it was 6 am. So I got up and had some breakfast, found out what my Ukrainian friends had accomplished, and began to read emails then I noticed it was 7 pm and I didn't now know, if it was the day before or the day after.  Then I realized that I was asking myseslf that question but I didn't know what I meant by after.

But, it was about to get weirder.

The very first email I opened generated the following response from me. It had to do with an affidavit by a "not so much" expert witness. It seems the Fake Foreclosing Party had lost the mortgage (or deed of trust depends on where you live, Reader). The expert witness was asking for a new mortgage so that it could be assigned (wtf?) because the real mortgage had been lost.

If you have read anything here and retained it, then you know that you can't lose a mortgage and that the assignment of your security instrument (mortgage, deed of trust, security deed etc.) simply cannot be done.  That it is not even that kind of a document.  READ MORE  

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It Doesn't Matter When You Demand A Jury Trial. The Judgment Was Void, But Not Because A Ruling By A Judge Made It Void. Void Had Already Happened, The Foreclosure Case Was Void"

“I was playing for time. Just for time. I played the wrong way, of course.”

Raymond Chandler

Danny Hammond of the 3/4 Court Press

How are they getting these wonderful cards?   

    

    I just got off the phone with Tom Kibler, we talked      for an hour and a half and he hadn't had                        any coffee.  So, of course, a breakthrough moment     in our conversation was not anticipated.  The               question was, "We know how simple this is, but                                                                                                    why can't we making it simpler?"  "We are better than this."

We know that nearly every ruling or judgment in tens of millions of fraudulent foreclosures is a void judgment.  Void is a defined word.  Nothingness.  Not there, never was there.  Even stronger the void judgment was void ab initio.  

That is latin legalese (Then they should just speak it in Latinalia) which means "from the beginning."  

It was void the moment it was made.  Our only disagreement was how do you use that so that even a judge could understand it.  Tough assignment.   READ MORE  

I Quit Consulting With Borrowers Regarding Foreclosure Fraud for Two Reasons.

And the men who hold high places,  Must be the ones to Start, 

To mold a new reality, Closer to the Heart.

The Blacksmith and the Artist, Reflect it in their art

and Forge their creativity, Closer to the Heart.

Philosophers and Ploughmen, Each must know his part 

& Sow a new Mentality, Closer to the Heart.

You can be the Captain and I will draw the Chart, 

Sailing into destiny, Closer to the Heart.

Closer to the Heart. 

                                                    Rock Band "Rush"

1.  I Finally Realized We Were Going About It With Our Beliefs In Laws That Could Never Help Us. 

This was becaue the old laws do exist just like always.  The old laws which have been around since most of the territories became states, ARE NOT BEING ENFORCED.   

There are laws still being enforced that specfically address this problem.  They are not your state laws even if you address them in a state court.  They are in the base root laws in the Constitution of the United States.  There is no such thing as "the right to foreclose" which your foreclosing party asserts.

The right that they must have is the right to collect money from you.  Did you see your foreclosing party's name on your Promissory Note.  I am betting you did not.  I am positive you did not.

As the Borrower, you have no responsibility to "Prove that you have the victim of fraud."  Not understanding that has taken up 15 years of my time on the wrong end of my life.  "It is called burden."

The burden of proof in a foreclosure situation is squarely the burden of the foreclosing party and to an even Greater Extent upon the Judge.  It is part of the civil rights amendments that pertain to everyone in the United States.  You included.  You have the civil right, and always have had, to Due Process.  That is, you have a right to the same laws as everyone else to have your case watched over by a judge who uses the laws and fullfils his duties that he gave an oath to do when he was "hired" to be a judge.

2.  Borrowers, about to lose their homes, believe me when I tell them the above, but they can't do it.  

We all have been indoctrinated since childhood to believe that the sytem is America and it is just.  If we have nothing to hide, there is a system of laws that will protect us.   We believe that the word "attorney" is synomous with the word "law" when it is not.  The system was to be taken care of By The People.  It is being taken care of By The Attorneys.  Remember judges are attorneys.  They are all in the same cult.

The Borrowers (including myself) had this untrue vision that if you have a legal problem, the solution was to get an attorney and if your cause was true and good your attorney would guide you to prevailing.  

Oh, my dear children.  You know that something is more wrong than this, don't you.

You just can't shake the idea that attorneys and law are two parts of the same thing.

You will most assuedly keep that notion until they run you out of money, out of time and out of options.  When you have no money, when you have no time, when you are out of time, you will call me.  A Borrower, who has already reached that point.  Hopefully you won't comb the internet for someone trying to sell you a program whose purpose is to make money.

There is a better way.  But, you must get involved and know the material.  Know the true issues.

Face the fact that this is really happening and that even I can't help you unless you are willing to help yourself.  It is the American dream.  Act like it is the dream you wanted.

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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

 One Of Those New Baby in a Box Gifts

  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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Jeffrey Stephan 2nd Deposition Maine: How Do You Confess To 10,000 Foreclosure Forgeries Per Month and No One Goes To Jail? Why Doesn't The American Public Know? These Are Well-Published Facts.

"If there must be trouble, let it be in my day, that my child may have peace".   

                         December 19, 1776, Thomas Paine, The American Crisis, ...

I am not posting the 2nd deposition of the most notorious

Robo-Signor of alll time so you can learn something new.

It is because you won't. I spend the day telling stories about

the home loans of American Borrowers including you.

CONTINUE READING

                                                                                            by Danny Hammond of the 3/4 Court Press

                            

The Constitutional, Irreducible, Minimum Requirements for Standing

MORTGAGE FRAUD PRO SE PRIMER 101 #4:  THE CONSTITUTIONAL IRREDUCIBLE MINIMUM REQUIREMENTS FOR STANDING AS DEFINED BY THE UNITED STATES SUPREME COURT

“Truth is stranger than fiction, but it is because Fiction is obliged to stick to possibilities. Truth isn’t.”

                                         Mark Twain

Actually, it is Strange, That Is Truther Than Fiction.

Danny Hammond

If you walk into a 2nd grade elementary school class room and see that all of the boys are standing on their desks shaking their butts, laughing and shouting, and throwing things at the girls in the class, who respond by screaming and running, and then you notice that the 2nd grade teacher is setting at his desk doing nothing to stop the chaos, would you really blame, the children?

No, it is the teacher who is in charge of the room.  If the teacher does not enforce the rules of classroom behavior, then the children will act like wild monkeys.  How would they know not to? 

It is no different than the judge in the court case who is charged with controlling and enforcing correctness in information and procedure in a court case.  

If the judge does not enforce the constitution, which is all that keeps this country great; or If the judge does not make the attorneys prove their claims and/ or does not keep them from claiming transfers of ownership of essential Promissory Notes with assignments of incidental security instruments (mortgage or deed of trust) which do nothing but describe the collateral, then, of course the attorneys are going to forge and fake and lie, worse than wild monkeys. (Carpenter v Longan US Sup Ct 1872 from the Colorado Territory (except the monkey part)

Then lack of subject matter jurisdiction is the fault of the judge of the court.  He or she has wrongly put the burden of proof of standing on the borrower (very nearly every time), yet it is very clearly the burden of the court.  The court is allowing the Borrower to prove he was defrauded.  That is bizarre.  The very definition of fraud means it was hidden from the borrower.

Continue Reading

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