Video from skybirdbird on Youtube.
Her bank responded in a very nervous fashion to her request for the Original Note and owner of her mortgage. It is a simply 2 minute process to fill out on line and the prewritten letter is emailed to your mortgage servicer.
the site to simply put your name and address in and a letter is emailed to your mortgage company is:
Where is the Note?
This should be done with the Certified Letter sent, it is a double whammy to the banks! BUT send out the certified letter still, because every question that is not answered they then are liable for a few thousand dollars to you, of which you can SUE them, for not answering!
Lets start hitting back at the banks! DO THESE THINGS! IT IS IMPORTANT! LETS TAKE CONTROL OF WHAT IS HAPPENING!
IMPORTANT INFORMATION - I have found in the non-judicial foreclosure states the "Produce the Note" defense does not work. Non-Judicial foreclosure states work on the Deed of Trust and the Note does not apply. It does help in judicial foreclosure states.
I'm no lawyer, but it seems to me that if a bank can not produce the proper documentation proving that it owns your mortgage, then you have been paying the wrong company and are due a refund of all money paid to them.
ReplyDeleteYou said "I have found in the non-judicial foreclosure states the "Produce the Note" defense does not work. Non-Judicial foreclosure states work on the Deed of Trust and the Note does not apply."
ReplyDeleteCan you please explain that? I have seen nothing to that effect. The Note always trumps. The Deed of trust is the recourse if you don't pay the note. If you don't owe anyone (b/c they cannot show a note) then then deed of trust is moot, AFAIK.
I have been researching the produce the note lawsuits and have found, judges do not accept that claim and the foreclosures have gone ahead in the non-judicial states. I have been reading case after case of that, that is why I put that statement in the post.
ReplyDeleteQuote from above: "I have found in the non-judicial foreclosure states the "Produce the Note" defense does not work. Non-Judicial foreclosure states work on the Deed of Trust and the Note does not apply."
ReplyDeleteEven in a non-judicial foreclosure state there is a requirement for establishing STANDING to conduct the non-judicial foreclosure.
Instead of just mouthing the “show me the note” demand, go after their inability to establish STANDING.
Did they provide an opportunity to inspect and validate the promissory note and mortgage agreement? Did you ask for this right?
Did the foreclosure claimant produce a COPY of the promissory note and mortgage agreement? Both authenticum (original) writings are SECURITIES.
A copy of an authenticum (original) is a counterfeit, forged, photo-shopped, and fraudulent, if such COPY is claimed be the basis for an injury and demand for remedy. YOU MAKE THE CLAIM OF FRAUD!
If a photo-copy image of what is claimed to be your signature on a piece of paper is presented to establish standing, your OBJECTION and DENIAL of the claim that the photo-copy image is NOT YOUR SIGNATURE, places the burden upon the claimant to PROVE the existence of a valid note and agreement.
How can the claimant PROVE the validity of the signature without production of the authenticum (original) note and mortgage agreement? NO STANDING. SOMEONE ELSE MUST BE IN POSSESSION OF THE ORIGINALS! IF THEY EVEN EXIST! THE CRIMINALS CLAIMING THE RIGHT TO ENFORCE FORECLOSURE ARE NOW OUTED AS FRAUDS! IF YOU MAKE THE OBJECTION!
Have you EVER heard of anyone being forced to pay the full value of a real automobile on the basis of a photo-copy image of an automobile that cannot be proven to exist, or to have ever existed by presentation of the REAL thing? (Wrecked or not).
The authenticum (original) promissory note and mortgage agreement have value; a COPY of such writings HAVE NO VALUE.
Just like a photo-copy image of a $100.00 FRN HAS NO VALUE.
A photo-copy image of a $100.00 FRN will not EVER be redeemed at a bank!
A photo-copy image of a signature IS NOT THE SIGNATURE.
A photo-copy image of a baby IS NOT THE BABY.
More about these issues and strategy to defeat the criminal bankster foreclosure claimants at Index of Svarstaad’s Substantive Permalinks on the US Message Board (Permalink # 130).
ReplyDeletehttp://www.usmessageboard.com/law-and-justice-system/97021-foreclosure-defense-use-the-ucc-9.html#post2944207
If you go through the Svarstaad substantive postings, and do the research, you should be able to comprehend how to proceed in your own behalf, and your own best interests, against a criminal bankster foreclosure claimant without a lawyer-liar-attorney to betray you to the "system."