Showing posts with label borrowers civil rights. Show all posts
Showing posts with label borrowers civil rights. Show all posts

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.

Sunday, May 7, 2023

THEY'RE GONNA PARTY LIKE IT'S 1999! DANNY HAMMOND FORECLOSURE FRAUD PRIMER 101 - JUST WHAT DID CAUSE THE WALL STREET MELTDOWN OF 2008

 (Mortgage Meltdown Is The Wrong Terminology)

These words below do not come from current events.  They aren't the only quotes from famous writer. They all have something to do with my thinking, as I have tried to do the right thing for all Borrowers who were cheated from obtaining the American Dream.
 
 “Everything we hear is an opinion, not a fact. Everything we see is a perspective, not the truth.”

 “Waste no more time arguing about what a good man should be. Be one.”
 
 “Understand at last that you have something in you more powerful and divine than what causes the bodily passions, and pulls you like a mere puppet. What thoughts now occupy my mind? Is it not fear, suspicion, desire, or something like that?”
 
 "The art of living is more like wrestling than dancing, because an artful life requires being prepared to meet and withstand sudden and unexpected attacks.”
 
 “You shouldn’t give circumstances the power to rouse anger, for they don’t care at all.”  Anger is not thought.  Anger is anti-thought.
  
 Marcus Aurelius Antoninus was Roman emperor from 161 to 180 AD and a Stoic philosopher. He was the last of the rulers known, non-contemporaneously, as the Five Good Emperors and the last emperor of the Pax Romana, an age of relative peace, calmness and stability for the Roman Empire lasting from 27 BC to 180 AD
 
 
 
by Danny Hammond

For those of you who have followed the news for the last several weeks, did you notice that four medium banks had failed suddenly?
 
 The word "medium" is what I would like to point out first.  These were medium banks by todays measure.  Before 1999 they would have been mega banks.  But, the last of these four recent banks to fail and be snatched up by the one time failures of Wall was purchased by JpMorgan Chase Bank a bank that is mega by today's standards.  JpMorgan Bank, Bank of America, Citi, Wells Fargo
 
 In September 2008, Congress approved the “Bailout Bill,” which provided $700 billion to add emergency liquidity to the markets. Through the Troubled Asset Relief Program (TARP) passed in October 2008, the U.S. Treasury added billions more to stabilize financial markets - including buying equity in banks.
  
 Now, if you don't know this you should.  That when you read the government used money to prop up the same broke banks that stole our houses that the government they were talking about was our government.  In other words, you as a taxpayer and all of your taxpayer compadres took this burden on our consolidated taxpayer backs.
 
 The Federal Reserve began buying the same mortgage-backed securities that myself  
  and everyone I know that thinks about this stuff looked for many years years to find any mortgage-backed securities and found none.  The Federal Reserve which is not part of the US Government it is an association of US Banks has been buying $40 Billion of mortgage- backed securities every month by printing the money (which is very, very inflationary) which is again on the backs of the US taxpayers.  (If you are a taxpayer this includes you)
 
 What caused all this ruckus?  Well our government in 1934 was nothing like the lunatic asylum that it is today.   Smart men with no television no mega yachts, and believed in facts and truth studied what caused the 1929 Wall Street Crash and the ensuing Great Depression.  The law that they came up with was called the Glass-Steagall Finance Act of 1934.
 
 Any one can understand the two most important parts of it that kept our country's economy safe for nearly 70 years.  In 1999 the democrat president and a Republican thought it would be best if they repealed Glass-Steagall in full without putting back any laws in its place.  8 years later all of our lives were destroyed and we were left with nothing except the pleasure of paying all of the broke mega banks money to make them rich again.
 
 

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



Saturday, December 19, 2020

IT IS ALWAYS THE INNOCENTS. THEY ARE JUST FAMILIES WHO BELIEVE IN THEIR COUNTRY AND ITS SYSTEM OF JUSTICE. I'M SICK OF IT. THE CRIME IS ALWAYS DONE THE SAME STUPID LITTLE WAY. THE DEVIL IS IN THE DETAIL

Each Case Looks Different.  Each Borrower Thinks That His or Her Case Has Special Details of Fraud or Criminal Behavior.  Their Cases Are Not Different. Your Case Is Not Different.

So, Listen Up Kiddos.  Here Are The Details That The Devil Is In (Learn it, Love it, Live it)

"A settled plan to deprive the people of the benefits, blessings, and ends of the contract, to subvert the fundamentals of the constitution, to deprive them of all share in making and executing laws, will justify a revolution.'''  
                                        John  Adams, Novanglus Papers, 1774

When I get a call from a Borrower wanting to talk over their foreclosure situation I always show them that they have nothing new, by showing them a magic trick.  I tell them that I need two pieces of their records to put their case into a timeline.  (See my article "It is a Straight Line" Everything is a Straight Line").

There are basically two sets of records in every case that exist and that have been based on the same set of fraudulent information since 1999.  It never changes.  There is no good reason to think about it.  It makes no difference if your state is a judicial foreclosure state or a non-judicial foreclosure state.  It doesn't matter if there is a server named Ocwen, Greentree, SPS, or the newly discovered Planet Mortgage.  (The real name of a new mtg broker.)

The two sets of records are:

1.) The court docket is the listed items that have been "filed" into your case in the order and the date that they were recorded.  This begins with a lawsuit (sometimes called a Complaint or Petition) and runs until there is an order or ruling which ("appears") to end the case.  In a case filed before 1999, this filed order probably did end the case.  That is not true, but we will get to that.

The docket includes everything that makes any difference which was filed by you, the foreclosing party, and the court.

2.)  All of the instruments, documents, liens, and other "things" that have been recorded by the recorder's office in your county on or against or for the legal description in your case.  If your case is a Federal Court the filed docket is there and the recorded "things of all kinds" affecting the legal description of your property are still at your county recorder's office.

First I will go in the loose order of what I expect I am going to see in every case.

CONTINUE READING


Get a Review of Your Foreclosure Case


Monday, August 24, 2020

Blogger will not let me keep going down. So, if you want to see my Posts in a straight line. Click on the title to see MORE POSTS FROM THE FORECLOSURE SOLUTIONS GROUP & DANNY HAMMOND


AS I LISTEN TO WHAT BORROWERS ARE TELLING ME AND AS I READ BORROWER'S POSTS IN FACEBOOK GROUPS, IT IS EASY TO SEE THAT BORROWERS ARE SMART, BUT THEY ARE THE VICTIMS OF FORECLOSING PARTIES 3 MAIN STRATEGIES

















FRAUDULENT FORECLOSURE SALE WITH NO DETAILED ACCOUNTING OF THE DISBURSEMENT OF THE PROCEEDS FROM THE SALE

CONTRARY TO POPULAR BELIEF THE FOLLOWING CALCULATION IS RIDICULOUS MYTH AND LEGEND  “BAD MORTGAGE LOAN” =  “BAD MORTGAGE BORROWER”

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

WHAT IF YOUR WRONGFUL FORECLOSURE WAS ALREADY VOID, BUT YOU WERE UNAWARE OF IT?

IF YOU WERE FORECLOSED AFTER YOUR MONTHLY PAYMENT SUDDENLY JUMPED UP DRAMATICALLY, YOU WERE A VICTIM OF WHAT I CALL A CALENDAR ARM

SUBJECT: MORTGAGE FRAUD--I SAY THAT YOU SHOULD SUE YOUR JUDGE, BUT UNLESS I DO IT MYSELF ISN'T THAT ADVICE A LITTLE LAME.?



YOU HAVEN'T THOUGHT ABOUT THE MORTGAGE CRISIS FOR A LONG TIME.  DID YOU THINK IT WAS OVER?  THOUSANDS OF PENSION FUNDS BOUGHT THE WALL STREET MORTGAGE-BACKED SECURITIES BONDS CALLED TOXIC BY FEDERAL RESERVE WHICH BOUGHT THEM BACK AT PAR WITH THE MONEY THEY PRINTED











 MY NEW METAPHOR FOR "MORTGAGE FRAUD" IS A GAMBLING CASINO THAT LETS NO ONE WIN, WITHOUT ANYONE REALIZING IT





SHORT SALE OR DEED IN LIEU OF FORECLOSURE: WHICH IS THE BEST STRATEGY? NONE OF THEM!