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

Friday, April 19, 2024

WILLIAM ERBEY AND OCWEN: FACES OF EVIL IN FRAUDULENT MORTGAGE FORECLOSURE

Reposted from Foreclosure Fraud Answers.

I hung up. It was a good start, but it didn’t go far enough. I ought to have locked the door and hidden under the desk."           Raymond ChandlerThe Little Sister


"Huh"?

Danny Hammond at his desk in the puzzled room office

HUBZU REAL ESTATE IS OWNED BY ONE OR MORE 
OF THE MANY OCWENS:  

                                          BE AFRAID; YES BE VERY AFRAID!




Ocwen is a name that not many Borrowers were familiar with just a few years ago. But in the last few years, Ocwen is servicing loans and wrongfully foreclosing more than any other entity.  Lots of Borrowers are familiar with the name now.  Most of them know that if Ocwen is involved that unless you get familiar with them fast, you will no doubt lose your home.

Hubzu is not a typical Real Estate Sales company.  It is a Dark Participant of a "Racketeering Enterprise". 
(definition: RACKETEERING INFLUENCED CORRUPT ORGANIZATIONS ACT Known as "RICO".)

That is the "FBI-speak" for Mafia Style Gangster Activity.  Hubzu is not registered with the Missouri Real Estate Commission.

A Mr. Tim Litchford, claiming to be a national real estate broker (there, of course, no such license) or at least he seems to be in charge of fencing stolen homes as part of a scheme or artifice.  "Artifice": legal term; clever or cunning devices or expedients, especially as used to trick or deceive others, artifice and outright fakery

SYNONYMS: trickery, deceit, deception, duplicity, guile, cunning, artfulness, wiliness, craftiness, slyness, chicanery, fraud, fraudulence.

"In the FORECLOSURE FRAUD trade, an artifice is an asset"

Anyway, Mr. Tim Litchford states on kind of a secret looking Hubzu website that Hubzu (and Mr. Tim Litchford?) has a National Real Estate License.  There is no contact information on the Hubzu website.  I have been a real estate broker and a mortgage broker in three states for over 20 years.  This is the first that I have heard about the National Real Estate Licensing claimed on the website with no contact information.

Mr. Tim Litchford even posted his National Real Estate License number as BR-549.  (No not really that was just a bad Hee Haw joke).

I will be checking with the Missouri Real Estate Commission about the National Real Estate License and post the answer here soon.

HUBZU is owned by Ocwen which is owned by William Erbey, who you probably never heard of, but he has stolen more homes with fraudulent mortgage loan paper than anyone else in America.  I am seriously talking about millions of American families displaced forcibly from their homes by a government of despots.  It sounds like a 3rd World civil war, doesn't it?

Are you being threatened with foreclosure sales?  How about your friends? Have you already been foreclosed?  Well, Hubzu is the cheap outfit that is going to sell your home to some strangers that are only concerned with purchasing a steal because of your misfortune.

THE GOOD NEWS IS THAT THIS ALL MAKES IT EASIER TO SAVE YOUR HOME OR GET YOUR HOME BACK IF YOU WANT TO!  

If you see or hear that Ocwen is your "Servicer" or that Hubzu has listed your home for sale, then ask me Questions Now HERE.   That really sucks, doesn’t it?  Do you believe there is nothing you can do about it?  Have you tried your whole life to do the right thing, but now you are going to lose the largest and most magnificent thing that you will ever own, your home? The American Dream?

Well, almost all of the above is a trick.  A trick upon you and more than ten million other uninformed Americans.  You see Hubzu was created by the worst gangster (I’ll explain in a minute) company of the wrongful foreclosure of innocent borrowers fiasco that some media dopes call the "MORTGAGE CRISIS of 2008".  (More properly named the Mortgage Crisis of 1995 thru 2016).  What is the name of this “Satan incarnate” company?  There is lots more.  


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.

Tuesday, May 3, 2022

Everyone Has Their Own Pet Issue That Is "The Greatest Danger To American Democracy". I Believed It Was Congress "BAILING OUT" All 7 Of The Biggest Banks That Caused The "Wall Street" Meltdown. I Was Wrong It Was Our Judiciary.

 The American Judiciary Is The Greatest Danger To American Democracy

To Save Your Home You Have To Sue Your Judge And Your Attorney Won't Use Your Civil Rights. He is scared of the Judge.

But, really, Bailing out the Too Big To Fail Banks was stupid

        


by Danny Hammond

I seem to have the most diverse set of actual case examples of Judges ruling insanely against Borrower's that I have myself ever seen.

I have now topped my collection as I, acting as a landlord for once have had two trespassers in my 4,800 sq ft. Lake House at (dare I say it?) Lake of the Ozarks in Benton County Missouri.  The court is in Warsaw, MO and I have been trying to evict these trespassers for 15 months in an Unlawful Detainer court.  "Eviction Court".

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.


Wednesday, April 6, 2022

THE LETTER: A Letter From A US Citizen Whom, It Seems, Feels The Same Way As Me About The Problem Of Judges Using Their Jobs, Without Constraints, To Abuse The Meanings Of Constitutional Law And To Violate Their Own Oaths

Republished by Danny Hammond.  This and other posts will be placed not chronologically, but by relevance.  They are in the order that I wish I would have learned the information.  DLH


 I have not edited any of the words of this letter, however, I did add spacing since the writer (perhaps a bad student) wrote this harsh observation as a single paragraph and it was a little hard to read.   DLH

 


THE LETTER:


At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government.

Experience, however, soon showed in what way they were to become the most dangerous;

that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large;

that these decisions, nevertheless, become law by precedent, sapping, by little and little, the foundations of the constitution, and working its change by construction, before anyone has perceived that that invisible and helpless worm has been busily employed in consuming its substance.

In truth, man is not made to be trusted for life, if secured against all liability to account.

                              Thomas Jefferson: letter to Monsieur A. Coray, Oct 31, 1823



Wednesday, March 30, 2022

From "The Pro Se Series" by Danny Hammond: LET'S ALL JUST TAKE THREE STEPS BACK FROM CRAZY! THAT IS RULE #1-- WHEN FIGHTING MORTGAGE FRAUD:

Heirs of a cold war,  that's what we've become
Inheriting troubles,  I'm mentally numb
Crazy, I just cannot bear,  That I'm living with something that just isn't fair
Mental wounds not healing.....Who and what's to blame
I'm goin' off the rails on a crazy train,  I'm goin' off the rails on a crazy train
                                                                                                                      Ozzy Osborne


THERE IS NO SUCH THING AS THE:

 "ASSIGNMENT OF YOUR MORTGAGE",

EVEN THOUGH IT HAS BEEN USED ILLEGALLY
20 MILLION TIMES IN 15 YEARS


Republished by Danny Hammond

mtgfrd.info@gmail.com




The Supreme Court settled the matter of assigning a mortgage or deed of trust in 1872. You can't assign those instruments.  The case is CARPENTER V LONGAN AND THE CASE IS IN THIS ARTICLE JUST BELOW. 

Find out why any assignment of the security agreement is void.  Keep reading.



I have reviewed hundreds, possibly thousands of home loan paperwork preceding a fraudulent foreclosure.   I have read about many more.  I have never seen any deal where the foreclosing party was not relying on an assignment of the security instrument.  


IN THE 26 STATES THAT USE NON-JUDICIAL FORECLOSURE THE  MORTGAGE IS CALLED A DEED OF TRUST.  THE WORD MORTGAGE IS RARELY SPOKEN IN THESE STATES.

In Judicial foreclosure states, the assignment of the security instrument involves what is called a mortgage.  A mortgage is not a home loan.  It is merely the rule book concerning the collateral you put up to ensure that the bank will be paid back.  


A mortgage has no value and the assignment of a mortgage does NOT transfer your home loan from one party to another.  In the Non-Judicial States, the security instrument is called a Deed of Trust which serves the same purpose as a mortgage.  There is no such thing as "the assignment of a mortgage or a deed of trust.  The mortgage or deed of trust exists only as part of the loan agreement and it is incidental.  The security instrument is known as the incidental instrument (there are no laws that require collateral for a loan at all.)  


Your house is the usual collateral involving a home loan because that is where the loan money was spent.  But, collateral could also consist of one thousand Schwinn bicycles in a warehouse.  It is my strong personal belief that all (ALL) of the foreclosures in the United States from about the year 2000, or earlier, are based on the exact (EXACT) same lie.  What is that lie?


CARPENTER V LONGAN (SUPREME COURT 1872)  
THE ENTIRE RULING IS NEXT

Wednesday, January 27, 2021

"SUE YOUR FORECLOSURE JUDGE": That Slogan Is Not Completely Correct In Essence; It Is A Simple Phrase I Use To Get Your Attention Directed To The Inescapable Fact That There Is Only One Party Responsible For ALL Of The Illegal Acts In Your Foreclosure Case

Get a Review of Your Foreclosure Case

by Danny Hammond

If you have been wanting to know more about my "Sue Your Foreclosure Judge" slogan, the truth is that it should be called: 

"Sue The Citizen That Was Not A Judge Because He Had Disobeyed His Oath And Constitutional Law When He Had Not Reviewed The Filings To Determine Whether The Foreclosing Party Had Met the Constitutional Requirements For Standing".

However, that is not as catchy or as easy to understand.

This subject brings 12,000 visits to my website each and every month.  But, I am puzzled that I don't understand the reason why they come.

When I do the Zoom classes I never have anyone argue or debate whether I am right.  I get many questions and seems like Borrowers understand the answers.  Then they leave that thought and start telling me every mean and nasty thing that was done to them by everyone that participated in cases that lasted 2 to 12 years.  None of that matters.  Their cases, my cases, your case, they are all void and they never happened anyway.  We are all still at the beginning of the case.  At the starting line.  Your judge has already injured you and his actions represent the worst violations of law that a judge can commit.

I have told you the reason your case has lasted too long, but I have somehow done all of you a disservice.  I am not getting across to you that your research, and studying, and collaborating with Borrowers who have had similar experiences, and hiring attorneys is, all of it, wasting your time, lowering your resolve, and spending more money than you have.

In other words, that paragraph is the only plan that the bad guys have used since 2001.  Their antics are part of some grand scheme to get you to research and collaborate with others and hire attorneys to take up your time, lower your resolve and break your back and ass.  They could not do it if judges were just doing a bad job of carrying out the law.  But, no.  They are giving it all that they got to take your house and give it to a stranger and break CONSTITUTIONAL LAWS concerning your civil rights to Due Process of Law which can be found in the 5th and 14th amendments to the Constitution and which are civil rights.

What happens when you hear what I say and you believe my reasoning, but you can't quite see why it is true.  I think that it is because what I am telling you is "UNBELIEVABLE".  And it really is.  

But, now you have seen an attempted "coup d'état" by a group of Americans whose goal was to take over the government in the building where the government was governing the United States in order to overthrow the democratically elected government.  And please.  Don't accuse me of being for a democrat or republican, or whatever else your weakness to fend off conspiracy lies makes you believe.  You are on my website.  I am trying to help you for free.  It shouldn't make any difference if I was a martian.  Get over yourself.

CONTINUE READING:  This one is IMPORTANT


Get a Review of Your Foreclosure Case


Thursday, August 20, 2020

Using Bank Deposits (depositors checking & savings accounts insured by taxpayers) JPMorgan Chase Lost $3.2 Billion Trading Stocks and Credit Derivatives in First Quarter: NEWS ON 07-13-2020 I HAVE BEEN TALKING ABOUT; WRITING ABOUT; MAKING VIDEOS ABOUT; THE FACT THERE ARE NO BANKING REGULATIONS IN THE US.... NOT SINCE 1999

THE SAME BANK HAS BEEN INVOLVED IN MILLIONS OF FRAUDULENT FORECLOSURES USING NON-EXISTENT PROMISSORY NOTES THEY CLAIM THEY INHERITED FROM WASHINGTON MUTUAL:  THE FDIC SAYS HUH-UH.



No man has a right to expect to succeed in life unless he understands his business,
and nobody can understand his business thoroughly unless he learns it by
personal application and experience.                                          
                                                                                                                                                
P. T. Barnum



by Danny Hammond

I don't think that hardly any American citizens are aware that the Democrat president Bill Clinton and a Republican Congress repealed a 66-year-old banking and finance act known as the Glass Steagall Banking Act of 1933.  This Act put together all of the research of the 1929 Wall Street Meltdown that sparked the great depression and wrote an act to prohibit ever happening again.  The Act did its job.  For 66 years there was no such event in the US.  The Act was repealed in full as an act of Deregulation of the banking and finance industry.  The president and the congress that repealed all relevant regulation of banking in 1999 put nothing back in its place.  Seven short years later Wall Street imploded triggering the Wall Street Meltdown of 2007-2008-2009 through today.  Frank Dodd was supposed to replace it, but both sides of congress had gutted it into a meaningless corpse by the time it was enacted.


There has been no meaningful regulation of finance since 1999, over twenty years.  If there are no regulations there is no need for regulators.  The only meaningful regulation coming out of Frank-Dodd was provided by the Consumer Finance Protection Bureau.  Donald Trump sent his evil little henchman Mick Mulvaney to render it useless in 2017.  It took him 3 days to send 100 million dollars in collected fines back to the banks that paid had voluntarily paid them.


Mick Mulvaney

Acting Director of the Consumer Financial Protection Bureau

In-office November 25, 2017 – December 11, 2018

President

Donald Trump

Deputy

Leandra English Brian Johnson (acting)




The CFPB has been around but has done nothing relevant since December of 2018.  If you have been wondering why the CFPB does not answer your pleadings for help, it is because there is no one there to read them.  This is what the word deregulation means in America in the 21st century.


The taxpayers propped up the "Too Big To Fail Banks" with 3 trillion dollars.  The revived banks have been on a relentless crime spree ever since.  Responsible for tens of millions of fraudulent foreclosures based on servicing lists and not Promissory Notes.


In the headline in the story below from Wall Street On Parade, the beginning of the headline says"Using Bank Deposits".  By this, they mean JPMorgan Chase used the money from the depositors checking and savings accounts to fund "risky investments".  Glass-Steagall does did not allow this.  However, there is no prohibition from doing this in NO regulation.  Nothing is prohibited.  This has not been fixed for twenty years.  Wake up depositors, JPMorgan Chase was using taxpayer insured (FDIC) checking and savings deposits to fund its risky investments.  These particular risky investments were in fact so risky they failed to the tune of 3.2 Billion bucks.  The taxpayers will just have to pay even more taxes to cover it.  Jamie Dimon is no better than a modern-day Al Capone.  CONTINUE READING



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FILL OUT THE FORM CLICK THIS LINE


RELATED ARTICLES: by Danny Hammond


From "The Pro Se Series" by Danny Hammond: DEREGULATION-THE PROBLEMS WITH OUR INABILITY TO STOP MORTGAGE FRAUD INVOLVES WRONGDOING BY MANY PEOPLE, BUT JUST FOUR WORDS DEFINE THIS PROBLEM CAUSING RUNAWAY FORECLOSURE FRAUD-

 

PART 1: WHY DEREGULATION IS ONE OF THE TWO GREAT CAUSES OF 20 MILLION AMERICAN FAMILY HOMES BEING WRONGFULLY FORECLOSED ON SINCE 1999 AND WHY 10 MILLION RETIREES MAY NOT BE GETTING THE PENSIONS THAT THEY WERE PROMISED



Part 2: WHY DEREGULATION IS ONE OF THE TWO GREAT CAUSES OF 20 MILLION AMERICAN FAMILY HOMES BEING WRONGFULLY FORECLOSED ON SINCE 1999 AND WHY 10 MILLION RETIREES MAY NOT BE GETTING THE PENSIONS THAT THEY WERE PROMISED


PART 3: WHY DEREGULATION IS ONE OF THE TWO GREAT CAUSES OF 20 MILLION AMERICAN FAMILY HOMES BEING WRONGFULLY FORECLOSED ON SINCE 1999 AND WHY 10 MILLION RETIREES MAY NOT BE GETTING THE PENSIONS THAT THEY WERE PROMISED


Tuesday, August 18, 2020

U.S. FORECLOSURE LAWS BY STATE

U.S. FORECLOSURE LAWS BY STATE:
THE FORECLOSURE 99PROCESS VARIES SOMEWHAT FROM STATE TO STATE AND DEPENDS PRIMARILY ON WHETHER THE STATE USES MORTGAGES OR DEEDS OF TRUST FOR THE PURCHASE OF REAL PROPERTY.   GENERALLY, STATES THAT USE MORTGAGES CONDUCT
 JUDICIAL FORECLOSURES; STATES THAT USE DEEDS OF TRUST CON99DUCT NON-JUDICIAL
 FORECLOSURES. THE PRINCIPAL DIFFERENCE BETWEEN THE TWO IS THAT THE JUDICIAL 99999
PROCEDURE REQUIRES COURT ACTION ON A FORECLOSED HOME.

The below table represents our current knowledge of which states use mortgages (judicial) or deeds of trust (non-judicial) or both. The table also includes estimated foreclosure timelines for each state. Please check with your local county government to verify this information. 

Compare all state foreclosure timelines on this simple one-page chart and click on any state name to read about detailed foreclosure procedures for that state.

State         Judicial Non-Judicial Comment Process Period** Publish Sale** Redemption Period** Sale/NTS

Alabama                          Judicial rarely      49-74                21                            365                              Trustee

Alaska Judicial rarely 105 65 365* Trustee

Arizona Judicial rarely 90+ 41 30-180* Trustee

Arkansas Both                         70 30 365* Trustee

California Judicial rarely 117 21 365* Trustee

Colorado Judicial rarely 145 60 None Trustee

Connecticut   Judicial only 62 NA Court Decides Court

Delaware   Judicial only 170-210 60-90 None Sheriff

Florida   Judicial only 135 NA None Court

Georgia Judicial rarely 37 32 None Trustee

Hawaii Both 220 60 None Trustee

Idaho Trustee Sale 150 45 365 Trustee

Illinois   Judicial only 300 NA 90 Court

Indiana   Judicial only 261 120 None Sheriff

Iowa Trustee Sale Voluntary 160 30 20 Sheriff

Kansas   Judicial only 130 21 365 Sheriff

Kentucky   Judicial only 147 NA 365 Court

Louisiana   Judicial only 180 NA None Sheriff

Maine   Judicial only 240 30 90 Court

Maryland   Judicial only 46 30 Court Decides Court

Massachusetts   Judicial only 75 41 None Court

Michigan   Non-Judicial only 60 30 30-365 Sheriff

Minnesota Non-Judicial mostly 90-100 7 180 Sheriff

Mississippi Non-Judicial mostly 90 30 None Trustee

Missouri Non-Judicial mostly 60 10 365 Trustee

Montana Trustee Sale mostly 150 50 None Trustee

Nebraska   Judicial only 142 NA None Sheriff

Nevada Trustee Sale mostly 116 80 None Trustee

New Hampshire   Non-Judicial only 59 24 None Trustee

New Jersey   Judicial only 270 NA 10 Sheriff

New Mexico   Judicial only 180 NA 30-270 Court

New York   Judicial only 445 NA None Court

North Carolina Non-Judicial mostly 110 25 None Sheriff

North Dakota   Judicial only 150 NA 180-365 Sheriff

Ohio   Judicial only 217 NA None Sheriff

Oklahoma Judicial mostly 186 NA None Sheriff

Oregon Trustee Sale mostly 150 30 180 Trustee

Pennsylvania   Judicial only 270 NA None Sheriff

Rhode Island  Non-judicial mostly 62 21 None Trustee

South Carolina   Judicial only 150 NA None Court

South Dakota Judicial mostly 150 23 30-365 Sheriff

Tennessee    Non-judicial only 40-45 20-25 730 Trustee

Texas  Non-Judicial mostly 27 NA None Trustee

Utah   Non-Judicial Only 142 NA Court Decides Trustee

Vermont   Judicial only 95 NA 180-365 Court

Virginia Trustee Sale mostly 45 14-28 None Trustee

Washington Trustee Sale mostly 135 90 None Trustee

Washington D.C.   Trustee Sale only 47 18 None Trustee

West Virginia   Trustee Sale only 60-90 30-60 None Trustee

Wisconsin Judicial mostly 290 NA 365 Sheriff

Wyoming Non-judicial mostly 60 25 90-365 Sheriff

 


* Judicial Foreclosures Only

** In days+