Tuesday, May 15, 2012

Defense against a Fraudulent Foreclosure - Do NOT ask for "Wet Signature Note" as a Defense - Use Article 3 and 9 - Those win!



This is another guest post by Jesse Scott of US Mortgage Auditors.

He did this very short information article so people understand where a defense works and where it does not.  Many attorneys are asking for the "Wet Signature Note" and the banksters attorneys are loving it.  They win on that fraudclosure argument.

He is trying to get the information out for attorneys to use Article 9 and Article 3 of the mortgage contract against a Fraudclosure.

Message From Jesse:


This relates to Article 3 and Article 9

 This other side ( The Bank ) will always sue on the bases of Article 3 . WHY? .Under Article 3 The only requirement is to show up and say, here is the Note and you lost your case. Sounds familiar?? Ladies and Gentlemen and Lawyers please understand. STOP ASKING FOR THE WET SIGNATURE NOTE. YOU WILL GET NO WHERE. This is how they confused the issue. And to my wonderful attorneys out there struggling with this. This is how you fight them Article 9 . "Research it " I am not going to give you all the answers. 



Article 9 is based on negotiable verses non-negotiable instruments. Prove the other side ( The Bank ) had or has a proper chain of title as it relates to the trust that the mortgage was securitized in. And PROVE that it is BROKEN. If the MORTGAGE and NOTE separates , that means, The instrument becomes (NON-NEGOTIABLE ) ie: the mortgage or Deed of Trust. 

Ok Ok i know what your thinking my great and fearless lawyers. Now STOP IT. Your probably thinking well they still owe the money that they borrowed! Kudos to you, YOU ARE RIGHT . However if the mortgage has been separated. The best the other side could do is sue on the NOTE. Yes it becomes an unsecured debt. They can not enforce a non negotiable instrument on the property. So while your negotiating with the banks please stop asking for the Wet Signature Note. They are laughing at you all the way to the .......BANK.
 

 Keep up the Fight
 Jesse S Lesuer
 Senior Mortgage Fraud Investigator
 Securitization Auditor

  1-866-358-2738

As I put on the side bar about Jesse  and he did my mortgage audit for me.

Jesse at USMortgage Auditors will give a Free Preliminary Mortgage Audit to people who mention this Blog "SherrieQuestioningAll."

 

3 comments:

  1. Total nonsense!

    Johnson v. Homecomings Financial, 2011 WL 4373975, at *7 (S.D.Cal. Sep.20, 2011) (refusing to recognize the “discredited theory” that a deed of trust “ ‘split’ from the note through securitization, render[s] the note unenforceable”)

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  2. The problem is the banksters own the courts too!!!

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  3. They didn't borrow anything. That loan is created out of thin air based on the BORROWER'S signature. They could NOT monetize that note without the borrower's signature, because it is the borrower's signature that really has all the value. Then, they turn around and use 90% of that non-existent "monopoly money" as the basis for more loans, and on top of that, they sell the note at least once, and usually numerous times. And, they put up nothing what-so-ever, as consideration, because the "money" they loan didn't exist until the borrower signed the note. So they get paid back at least 9 times, before the borrower's first payment is even due. The whole fractional reserve banking system is a scam and a fraud.

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Thank you for commenting. I moderate the comments due to a mass amount of spam, even though there is a word verification needed. I also moderate them due to some very foul and violent comments at times. Thank you for understanding. I am not at the computer constantly so sometimes it takes a little longer for the comment to show up. I appreciate hearing from you and you adding your voice to the conversation. Sherrie