Showing posts with label Standing and Subject Matter Jurisdiction. Show all posts
Showing posts with label Standing and Subject Matter Jurisdiction. 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

Thursday, June 15, 2023

Fraudulent Foreclosure and the Danny Hammond MIKE SINGLETARY Offense For Borrowers Facing Fraudulent Foreclosure

There is only one way to succeed in anything and that is to give it everything.”

                                                                             Vince Lombardi

Reposted because it is the 3rd most popular article out of 271 articles still posted


by Danny Hammond
mtgfrd.info@gmail.com

The theory behind my "Mike Singletary Mortgage Fraud Offense" begins with the premise that in your foreclosure court there are some nameless players who aren't really affecting the game as much as you think.

These players include the Imposter and Fictitious Payee Foreclosing party who is pushing a baseless claim and its attorneys who are the puppets voicing this claim. But, there is one party in your court who is keeping you from winning.

It is no secret that I think it is your judge and I am almost always right.  So, to explain my strategy let's pretend that your court is a football game. You are in the right which puts you down on your opponent's 30-yard line with the ball and one minute left to score a touchdown and win the game.   Your foreclosure judge is the embodiment of Mike Singletary. For the 8 people in America who are not children, but still haven't heard of Mike Singletary, he was the phenomenal middle linebacker who was drafted by the Chicago Bears in the 2nd round of the 1981 NFL Draft and became to be known as probably the greatest linebacker of all time as "The Heart of the Defense" for the Chicago Bears' Monsters of the Midway in the mid-1980s.

So, in my little metaphor, Mike Singletary represents your judge and he has been knocking down passes, sacking you, the quarterback, stuffing all the running plays and pretty much controlling the game. He is offsides on every play.  He is holding lineman, interfering with pass receivers, roughing the quarterback and generally is operating with complete disregard for the rules.  There is no accountability for his actions.  No one will argue with him.  He is accountable to no one.  There are no consequences for his actions.

You are not going to win if Mike Singletary continues to play.

Therefore, Mike Singletary must be removed from play, no matter what it takes. So, you call a timeout and on the next play, you send 15 players on the field and hike the ball to the quarterback who takes a knee while the other 14 players pile on Mike and twist his ankles, bite his ears, and break his arm.

This is, of course, against the rules so you accept your penalty for "too many men on the field " and huddle up. Three plays later you score. You win because you neutralized the one person who is intent on beating you on this day and he could have without your brutal and decisive action.

Friday, May 12, 2023

Jeffrey Stephan 2nd Deposition: 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, ...







by Danny Hammond





I am not posting the 2nd deposition of the most notorious Robo-Signor of them because you will learn
something new.

It is because you won't. Jeffrey Stephan describes in tortured detail the forging of fake assignments of
American families loans at a rate of 10,000 counterfeited and forged assignments and Promissory Notesper month by ten GMAC Mortgage Corp and GMAC Mortgage, LLC employees in one group.

We all knew this in 2012. It was out in broad daylight. You had to be wearing dark sunglasses to see it
comfortably. But, it was very, very, hard to miss. The problem was we could find no honest attorneys
and we didn't have quite enough procedural prowess to use it right.

This is 2023, we have that ability now. And there are more of us trying to work together.

The GMAC Mortgage, LLC attorney, Frank Lipsman of Kansas City, is doing everything he can to steal my
families home in a federal court case had to admit in Discovery that Jeffrey Stephan worked for six more
years for GMAC Mortgage, LLC, before going to work for Ocwen Loan Servicing an even more damaging
racketeering heir to the mountain of GMAC faked paper of tens of millions of loans.  

This was all approved by the 2nd District Federal Bankruptcy Court Judge Glenn. It is all public record.

(I could not make this stuff up: See my post archives for the Ocwen story)

But now on to the 2nd Jeffrey Stephan deposition which took place in the state of Maine

Thursday, May 11, 2023

The King of Robo Signing Jeffrey Stephan's 1st Deposition As An Employee of GMAC Mortgage, LLC (or similarly named entities), Robo-Signing, 60 minutes, ROBO-SIGNING, 60 MINUTES, Tens of Millions of Stolen Homes, And No One In Govt or The Judiciary Saw a Thing.

"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

I am as frustrated right now as I have ever been during the 12 years that I have been fighting
mortgage fraud.  In the movie "The Big Short" towards the end one of the Wall Street characters
is frustrated that a group of them has figured out how massive the fraud in mortgages has been. 

They even know who the worst perpetrators are beginning with Fannie Mae and working down through Citi Mortgage and the rest.  They have gone to all the big newspapers to blow the whistle just knowing in their minds and hearts that this is a near apocalypse and the biggest story in history.  Not one newspaper editor or reporter will give them the time of day.

1.  Because a fraud this large was too big to believe and 

2.  The newspapers' biggest stock owners were the same criminals running the fraud.

As they are walking back toward their office one of them muses, "I was afraid we were going to ceate panic in the streets.  I was sure that once people knew that their retirement plans had been ransacked by their own government and banking industry that we would have an actual revolution, an uprising by all Americans.  But look at them walking on along the street completely unaware and without enough background information to even get an inkling of what's going on.  And it's not their fault, they shouldn't have to worry about their lives being destroyed from within."

That's how I feel.  There are a scattered few around the country screaming their lungs out in warning, but the message isn't getting through.

I need to let one of the dupe perpetrators explain it to you himself.  What could be more powerful?

My 2nd most popular posting of all time on this blog is the one about GMAC/ResCap fraudulent bankruptcy where literally millions of homes are being taken from families by players like Fannie Mae (thank you US government), Ocwen, Nationstar, Green Tree, Seterus without any ties to the players they are stealing from.


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

Monday, April 4, 2022

SOMETHING WICKED THIS WAY COMES, WALL STREET IS UP TO SOMETHING CONCERNING OUR HOMES AND I DON'T THINK WE ARE GOING TO LIKE IT: MORTGAGE FRAUD

"I've got to keep in some sort of touch with all the loose ends of this dizzy affair if I'm ever gonna make heads or tails of it."
                                                       Sam Spade



Republished by Danny Hammond

mtgfrd.info@gmail.com

Yes! Something is up in Wall Street Land.  I, and dozens of Mortgage Fraud experts have been expecting a very large spike in foreclosures.  There are a lot of judicial and non-judicial foreclosures going on as I speak.  

I haven't tried to confirm if they are mostly non-conforming loans which doesn't mean that the people have a bad loan.  Non-Conforming Loans simply don't conform to Fannie Mae and Freddie Mac's rules and conditions.  

My requests for help from Borrowers are much higher than I have had at any time.   And this is really my point.  We seem to have as many as four vaccines that have completed testing and are ready for approval.  By the end of December mass vaccinations will begin and all hell is going to break loose when all of the frozen foreclosures thaw out at the same time.   If you are one of the millions who have been waiting and hoping for the miracle that government will continue the freeze don't wait any longer.  It is the government's entities that have been held up and nothing is going to stop the tsunami of foreclosures that will follow when they are cut loose.

(Here I think that some confusing terms need clarification.  This is true for home loans in general, the confusing terms come from the old common law which was in place for hundreds of years before being clarified in the Uniform Commercial Code.  For this article let's go through the synonyms that sound different but are actually interchangeable.

[The Borrower is the]                                  [The Lender, Foreclosing Party, Servicer, ]

Mortgagor                                                    Mortgagee
Obligor                                                        Obligee
Issuer                                                           Issuee
Grantor                                                       Grantee

The differences here are minor, but all of them mean it was the Borrower that created the flow of funds to the home loan by signing the original Promissory Note and the collateral instrument (mortgage or Deed of Trust) over to the actual Lender or Holder in Due Course using his or her signature.

FHA, Hud, FHFA, FNMA, and Freddie are all unable to have their servicers or correspondents foreclose on government conforming loans which are the vast majority of loans due to a government moratorium on foreclosures due to the Covid-19 pandemic.  This brings up a lot of bad things for a lot of American citizens.  You are in foreclosure due to fraud that the government could easily fix by making all judges run their courts as directed by Article III of the constitution.  So, the government puts no one in jail and our courts give our homes to funny-sounding parties, such as one I saw today "PLANET MORTGAGE" which has no right to foreclose.  I have never seen a foreclosing party in any state even try to meet the Constitutional, Irreducible, Minimum Requirements of Article III STANDING.

CONTINUE READING                                                        Get Help With Your Case

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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Tuesday, August 18, 2020

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.


Do you want to visit to see if you think we can help?  Click this line



Monday, June 15, 2020

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.  

Tuesday, April 9, 2019

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.