From "The Pro Se Series" by Danny Hammond: CREDIT BID & DISTRIBUTION OF THE HOME FORECLOSURE SALE PROCEEDS: I AM SURE THOSE TWO PHRASES ARE FAMILIAR TO ALL OF MY READERS. NOT?

CREDIT BID; DISTRIBUTION OF THE HOME SALE PROCEEDS: THE BIGGEST FRAUD IN FORECLOSURE FRAUD IS THE FRAUDULENT FORECLOSURE SALE!  WHY IS IT ONLY BOTHERING ME?

It ain't what you don't know that get's you into trouble, it's what you know for sure that just ain't so!"         -Mark Twain

by Danny Hammond of the 3/4 court press

 

Let's just go through some real quick statistics here.  In 1994 there were just 48 non-judicial foreclosures for the ENTIRE YEAR in Jackson County, Missouri (a large part of Kansas City, MO proper) It is probably about as average as a county can be.  It contains areas of urban, suburban, rural, and forest.  It is a good place for me to vet my own strategies.  But, every county, city, or town in America will most certainly have the same ratios of wrongful foreclosures which are easy to spot in every county recorder's office.

By 2001 there were 1,700.  By 2006 there were 7,200 Non-Judicial Foreclosures for Jackson County, Missouri. 

For the last four years, there has been an average of 300 Non-Judicial Foreclosures per month or an average of 3,600 Non-Judicial Foreclosures per year for the last eight years. 

That is 14,400 families displaced in one average county over four years and each and every one of these Non-Judicial Foreclosures was so fraudulent that it makes my eyes burn just to type this.

    
All of our country's courts are limited to having jurisdiction over disputes described as cases and controversies That means that two parties are arguing over their interests in the same subject matter.

 
In every foreclosure sale, I have ever read or heard about, the foreclosing party claims to have paid some amount of money for your home at a sale conducted by themselves and, in non-judicial foreclosure states, their personally substituted Trustee.  (26 states have these unconstitutional sales)   

Folks, It is a load of crap. They all are letting everyone believe it was a sure-fire honest deal. No, it wasn't. There is no way they had the legally obtained Promissory Note, or if it was Fannie Mae or JPMorgan or some other member of that ilk, there were probably two or three different versions of copies of your one and only Promissory Note filed into your court.

  
The judge can't help either party, but they do have to protect their own court.  The United States Constitution makes it the COURT's responsibility to see that the foreclosing party can prove it was even injured.  Injured means that they really LOST some money on your deal.

The courts are not doing this.  The judges not seeing this lack of Standing are either crooked, biased, or stupid.  Maybe all three.  But, it is their own hide that they should be protecting.

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WHY FORECLOSURE FRAUD CASES CANNOT BE WON NORMALLY...LIKE MOST CONTRACT LAW CASES IT IS THE COURT'S INHERENT BIAS & IGNORANCE AND THE BETRAYAL OF THEIR OATH TO THE CONSTITUTION

"When you reach the end of your rope, tie a knot in it and hang on." 

                                                                                        -Franklin D. Roosevelt

WOULD YOU LIKE A FREE ASSESSMENT OF YOUR FORECLOSURE CASE? FILL OUT THE FORM CLICK THIS LINE

After nine years of fighting Promissory Note and Mortgage Fraud and never actually losing a case (nor ever quite winning outright in a normal way), I have figured out exactly why a case cannot be won by a borrower in any conventional way, yet winning should always have been a dunk shot if adjudicated correctly according to the constitution. I was dumbfounded. I have nearly stopped helping others, at least until  I prove convincingly that what I learned was right. Well, I am about to find out.

"CASES HAVE NOT BEEN ADJUDICATED CORRECTLY"?

By Danny Hammond

If you have tried to take your mortgage fraud case to court and you were absolutely convinced that you were a victim of fraud and you still want to fight your foreclosure, then you need foreclosure defenses to stop the judge from saying or demonstrating in any way his bias against borrowers or to completely dismiss all of the real facts in all cases.

 

I know how your civil rights work. What you believed so far is true and you were right. You just didn't have the proper info. You were fighting the wrong fight. If you have not taken your case to court yet, the above will happen when you do. I am using the simplest and most direct strategies to

 

overturn, or vacate, all foreclosures.  The founding fathers knew that one-day judges would do this.  they wrote the remedy into the constitution. 

 

It has been there waiting for this time since 1787.   CONTINUE READING

 

 

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OF YOUR FORECLOSURE CASE? 

FILL OUT THE FORM CLICK THIS LINE

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.  

CONTINUE READING

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.  

CONTINUE READING