THIS IS THE WAY TO DO IT! I ENCOURAGE EVERYONE TO EXPLORE THIS OPTION AND GO TO YOUR COURTHOUSE AND FILE A QUIET TITLE!
Just imagine if everyone does this, there is nothing the MERS banks can do about it! Of course the banks are calling this a "Travesty of Justice" LOL I LOVE IT!
This information has to go Viral - PLEASE Pass this information on to EVERYONE With a MERS Mortgage!
Portions- THIS IS THE ANSWER!
Who’s the beneficiary? » Under the state’s quiet title laws, Keane said he did not have to name MERS or serve it legal papers in the lawsuit because it was not the legal owner of title to the property. Those were title companies. In addition, attorneys contend, MERS cannot be the “beneficiary” or holder of the promissory note because it readily has admitted it has no financial interest in any notes or mortgages.
Normally, a trustee named in a trust deed has a legal duty in Utah to the entity that holds the promissory note and for fair dealing with the homeowner. But in the townhouse case, First American Title filed a response to the quiet title action saying that it had no idea who had the right to collect payments on the promissory note, nor did it admit to knowing any other basic information about the property.
“The fact of the matter is First American Title doesn’t know who the beneficiary of the trust deed is and basically they disavow any interest in it,” Keane said. “It’s an acknowledgement [the recording system on this property is] a fiction, that they don’t have any real interest in it.”
Garbett Mortgage also told the court it no longer held an interest in the property. Integrated Title never filed a response to the lawsuit but did withdraw as a trustee with the Salt Lake County Recorder’s Office.
“Considering the owner of the property [the title companies who were trustees] failed to dispute the matter, and further considering that the original lender claims no further interest, the court nullified the trust deeds prior to setting any type of trial date,” Keane said.
So in the four months that the process took, the owner was able to gain title and deny the owners of his loan the ability to foreclose on the property for nonpayment. That means the promissory note owned by investors may be worth far less than they paid for it because it is no longer backed by an asset.
Default judgment • Keane said he’s been able to obtain quiet title in the same manner in two other cases. Another attorney, Abraham Bates, said he recently also won a quiet title action in a similar case in Salt Lake County.
In Bates’ case, a couple who owed $417,000 on a house whose value had dropped way below that also sued for quiet title.
He named the original lender and a title company listed as trustee on the trust deed. Because neither responded to the lawsuit as legally required, the judge granted the couple a default judgment that still must be verified in court, Bates said.
Bates said under Utah laws, it was not necessary to serve MERS legal papers, as it was not in the Draper townhouse case.
I have mixed feelings about this. On one hand, if I have debt, I must pay it. IMO, bad karma to do otherwise. On the other hand, how much of my taxed dollars have gone to banks only to be lent back to me at higher interest rates? The savings rates provided by the banks have been dismal as well. The govt has also taken our taxed dollars and added newly printed fiat and bailed the banks out to the detriment of the humans of this country. The slosh pit of dollars across the globe has had dire consequences for mankind as evidenced by the revolutionaries rioting over higher food prices in Algeria, Tunisia, Egypt, Yemen, Jordan and Morocco.
ReplyDeleteThis will not end well.
The problem is "INTEREST"...there is no bad karma to refusing to pay money to criminals. LOL :-) WAKE UP! The properties that banks own are more and more often properties that were stolen at one point or another by criminal banksters with their GREED RIDDEN mortgages which are MOST OFTEN used to extract wealth from unknowing Human Beings using their criminal "INTEREST SCHEME" to drain the wealth from hard working citizens. The criminals will to be stopped! PEACE!
Delete"interest" is not the problem - the problem is (and there are several) that you are legally identified (and thus defined) as a Straw Man Account - and this 'legal fiction' is used to confuse you in proceedings.
DeleteIf you don't REBUT that presumption, you are 'on thehook' for DEBT CREATED BY BANKS, IN YOUR NAME - if you do, and file proper UCC paperwork, YOU (being the actual GRANTOR) may LEGALLY discharge that debt.
You may not PROFIT from the debt instrument, but you may DISCHARGE it - at your request, on filing.
Further, no mortgage can be issues where exists/existed for "Land Grant" or "Land Patent" properties.
Any or all of these principals (and others), including 'fraud' on part of the bank's originating papers or 'resale', may be at work here - it would be nice and extremely helpful to know WHICH PRINCIPLES are being applied in this instance, and exactly how and why.
Without that information, it's a crap shoot trying to duplicate the effort.
do not feel bad, the banks took over 3.5 million from me illegally due to a bunch of lawyers and a trustee. IF it makes you feel better guys like me paid for it so feel free and comfortable to know you can back out your loss out of my 3.5 million.
DeleteVery noble way of thinking and I respect that. Understand however that you in fact have paid your debts. Watch this
Deletehttps://www.youtube.com/watch?v=T0HEJYBcs9Y&index=27&list=PL4_Y65ELR9FDGV2d9iBd8ngu9WuG6B4bo
You are uninformed. The bankster scam does NOT create honest debt. YOU create the value when an autograph is applied to the promissory note and mortgage. The bankster takes YOUR note and mortgage, split apart, and DEPOSITS each of them as MONEY into the banks secret transaction account, where the face value of the deposit is multiplied by the Federal Reserve by a factor of at least 10.
ReplyDelete$100k transaction, that you know about, is transformed into a $200k transaction for the bank, then "deposit multiplied" to $2M.
That ain't all. The bankster then sells the separate note & mortgage to a Wall Street criminal for face value ($200k) plus a commission.
The bankster has the money and a fabulous profit by defrauding YOU, and then making you think you still owe the bankster.
Many assume that the bank/broker/lender that begins the process is actually providing the money for making a "loan," when in fact, the bank/broker/lender does no such thing. At no cost, the bankster coercesg the issuer of the promissory note into the comprehension that he is receiving a "loan." The following was stated in A PRIMER ON MONEY, SUBCOMMITTEE ON DOMESTIC FINANCE, COMMITTEE ON BANKING AND CURRENCY, HOUSE OF REPRESENTATIVES, 88th Congress, 2d Session, AUGUST 5, 1964, CHAPTER VIII, HOW THE FEDERAL RESERVE GIVES AWAY PUBLIC FUNDS TO THE PRIVATE BANKS [44-985 O-65-7, p89]
"In the first place, one of the major functions of the private commercial banks is to create money. A large portion of bank profits come from the fact that the banks do create money. And, as we have pointed out, BANKS CREATE MONEY WITHOUT COST TO THEMSELVES, in the process of lending or investing in securities such as Government bonds." (emphasis added) [ http://www.scribd.com/document_downloads/18077819?extension=pdf ]
In this instance, the transaction was funded by using the prospective property (collateral) and the signer's promissory note as if the property and the Note already belonged to the bank/broker/lender.
WERE YOU INFORMED OF SUCH FRAUD?! OR, DID THE BANKSTER LEAD YOU TO BELIEVE THE BANK WAS MAKING YOU A "LOAN"?!
Review the article @: http://nrgnair.com/MPT/zdi_tech/standing/STANDING.MEMLAW.r2.htm
Then get over your misguided sense of guilt.
YOU have been defrauded and set up for the "harvest" by the banksters.
If you cannot "get over it," YOU will be a needless sacrifice on the bankster alter of money.
This is good, but it's not the silver bullet, IMHO. Doing a quiet title against the lender who is on deed of trust (and no one else) simplifies the QT because the original lender is probably not the current creditor. So the original lender does not have any skin in the game. Why should they fight the QT? As we saw in Utah, they fold and you win the QT.
ReplyDeleteBut you still have a debt obligation under the note. You can be sued for those payments. If the creditor can prove the note, then you lose. If you stopped payments after the QT, you will likely owe interest on your payments.
I know many will say "but the creditor will not be able to prove they have the note, so they can't sue me." Well if that is the case, why not include them in the QT and get that issue resolved then?
In my mind this Utah tactic improves your chances of clearing title, which is a good thing. But if you want to resolve whom you owe money to (if anyone), this tactic does not solve that. It seems better to me to have that issue resolved as part of a QT than to worry the creditor will come after you later on. How can you be sure that will not happen? Yes, they cannot foreclosure on you, but they can still come after your money.
I'm happy to hear opposing thoughts on this.
The key here is to acknowledge the original "Warranty Deed" (in most states) PROPERLY. That puts you in the primary position. The Quiet Title further records the action of rightful claim. It will clear any and all clouds, or better stated claims to the property. Lok for info from Robb Ryder
Delete"On the other hand, how much of my taxed dollars have gone to banks only to be lent back to me at higher interest rates? "
DeleteYou have a lot of study to do!!! Tax dollars to banks? You fell for the hype. Tax dollars go to pay the interest on the debt, which is paid to the FED, the privately held institution of the elite.
Buy precious metal or lose your savings. http://preservationofwealth.net/MetallonWealth
We use currency, not money! Money in the usA is gold and silver, read the constitution. However, we don't operate under the constitution, but the UCC...
The bank didn't lend you "money" for the purchase of your home. They stole your energy...
But who is the "creditor" ? This was written by Walter Keane..
ReplyDeleteThis is Walter Keane, the Utah attorney mentioned in the article. There will be no appeal. The state district court nullified the trust deed pursuant to a summary judgment motion last year. The opportunity to appeal expired long ago. Also, the property sold to a 3rd party purchaser for value. The transaction was insured by a title insurance company and the buyer used conventional financing. I guess the MERS system didn’t catch it. The promissory note holder should have filed an assignment. But of course MERS was set up to dodge the county recorder.
“Yes” this is justice. If you ignore black letter rules of law – like the mortgage industry did with creating MERS – you do so at your peril. I thought the banks were suppose to be smart; they are not. The law is against MERS.
I will continue to nullify trust deeds and the “system” cannot stop me. It is too late for the banks to the 31 million mortgages held by MERS. I will continue to enforce the black letter rule of law for the benefit of my clients: the owners.
I am a little bit confused here with this Quiet Title story. I don't know if this can be applied to my situation( which is a short sale done by my mortgage company, third party or fourth, I don't know sure), so if you don't mind please email me back at amazingfl@bellsouth.net. Thank you.
DeleteDanny
Hello Walter Keane.
DeleteI want to do what you have already done, bu I am not sure if I can do it rught. I am willing to pay for help.
I guess you must be very busy by now, but if you find time, here is my email ilecaj@yahoo.com
I have been reading about this and I am sure that it works. I have 2 mortgages.
thank you
ilir
Mr. Keane - Thank you! Could you please email me, how I can get in touch with you. I would love to talk to you. sherriequestioningall at yahoo.com.
ReplyDeleteResponding to the mumbo-jumbo of “I’m happy to hear opposing thoughts on this.”
ReplyDelete1. None of criminals in the bankster scam are “creditors.” “They” created the money through the Federal Reserve scam. Read "Modern Money Mechanics," published by the Federal Reserve Bank of Chicago. Get a copy here: http://www.rayservers.com/images/ModernMoneyMechanics.pdf
2. Only the HOLDER of the ORIGINAL writings, promissory note & mortgage agreement, has the right of enforcement (foreclosure). The HOLDER can delegate enforcement rights to an assignee, if the HOLDER had the right to make the assignment, and then, if the assignment be valid. A good place to start learning about the commercial rules is the Uniform Commercial Code (UCC). UCC 3-301 is a good place to start. Online here: http://www.law.cornell.edu/ucc/3/article3.htm#s3-301
3. Only proper parties should be named in lawsuits. If the so-called “creditor” is not the HOLDER of the ORIGINAL note & mortgage, or cannot produce a valid chain of assignment back to the HOLDER having the right to make such assignment of rights, that so-called “creditor” is not a proper party to the lawsuit.
If the real HOLDER never steps up to make a valid claim, the Quiet Title will be granted to the so-called “borrower.”
That resolves the issue.
4. This statement by Anonymous is down the proverbial “rabbit-hole”: “But you still have a debt obligation under the note. You can be sued for those payments. If the creditor can prove the note, then you lose. If you stopped payments after the QT, you will likely owe interest on your payments.”
If the ORIGINAL security cannot be produced, there is NO OBLIGATION. Only the ORIGINALS have any value either/or obligation that can be said to be intrinsic to such security.
It is impossible to prove the existence of the ORIGINAL without producing the ORIGINAL. A COPY of an ORIGINAL is COUNTERFEIT, FORGED, PHOTO-SHOPPED, and FRAUDULENT. A COPY HAS NO VALUE. Try cashing a COPY of a Federal Reserve Note!
See Carpenter v. Longan, 83 U.S. (16 Wall.) 271, 274 (1872), relied upon by Kansas S.Ct in 2009 to kick MERS to the curb. (Access Carpenter here:
http://supreme.justia.com/us/83/271/case.html)
Carpenter relied upon as basic law in Landmark Nat’l Bank v. Kesler, No. 98,489, by the Kansas S.Ct., (August 2009).
http://www.kscourts.org/Cases-and-Opinions/opinions/supct/2009/20090828/98489.htm
5. Comprehend the words “Quiet Title Action.” A proceeding to establish the plaintiffs title to land by bringing into court an adverse claimant and there compelling him either to establish his claim or be forever after estopped from asserting it.
See also Action to quiet title; Cloud on title. (Black's Law Dictionary, 6th Ed., p1249).
When no one can produce a valid adverse claim, the court will declare and grant Quiet Title. Done. No interest to be paid to any entity who failed to establish a valid claim to the contested property.
Your anonymous, off-point red-herring issues, cause me perceive that you are, at the least, ignorant of the facts of the bankster scam, or that you are a shill for the banksters.
If you are going to make an argument for the bankster’s position, provide authoritative case law substantiation for such position, so that we may benefit from your arguments.
Otherwise, you must be categorized as a BS artist, obviously giving aid to the bankster criminals.
. . .
in support of item 4 above: there is a huge difference between one's signature, and a copy of one's handwriting. The former is what appears on an original note or contract, the other is what appears on the copy of the originals. When provided a copy of an original, it can be simply stated that "yes, that is a copy of my handwriting, but it is not my signature". I've seen an arbitration lawyer's eyes suddenly open and re-assess the entire proceeding he was arbitrating. The person who made the statement above won the arbitration, to the shock of the opposing attorney who did not understand what happened.
DeleteAlso, as an example of the point, one could show a copy of a Federal Reserve Note and ask if it has any value or is negotiable in any way. (probably better to draw a copy of a Fed note than make an actual copy)
Get em svarstaad, great arguments and I ran out of popcorn waiting on the counter argument. I am going to give the complaint to quiet title action a go, I figure I have nothing to lose and everything to gain.
ReplyDeleteLooking for a good Lawyer in Idaho, please help because I would hate to represent myself and screw it all up.
Mr. Keane, This is Anonymous again. Hey I'm on your side, not at all a shill for the bankers. I hope to do a proactive QT in the next month in a state near you and your case is very helpful in that regard. Keep up the great work, you have many supporters.
ReplyDeleteSvaarstaad, I think my post was misunderstood. You said:
"If the ORIGINAL security cannot be produced, there is NO OBLIGATION. Only the ORIGINALS have any value either/or obligation that can be said to be intrinsic to such security."
I agree with that 100%. All I'm saying is the QT does not answer whether the alleged creditor has the original or not because they are not a party to the QT. If you win QT, the note becomes unsecured debt, it does not automatically go away.
It is safe to assume (from cases to date) that in almost all cases the alleged creditors cannot produce the original. If they can't, you don't owe them anything. I GET that. In theory you owe *someone* but that someone cannot be identified so in reality you end up owing no one.
If on the off chance the alleged creditor does have a proper original, then yes you would owe them. All I was saying is the QT does not bring resolution to that question.
If you won the QT, your loan will be unsecured. Would this mean that if you file bankruptcy you can include your loan in bankruptcy and wash out since it is unsecured loan.
DeleteI filed BK in 2010 and included my mortgage. I've lived here 3+ years without making payments. In Feb 2012 I received a NOD. I was informed of the MERS fraud and did some checking into it. I found out that when CW took over my loan they did not record it with the county, it's still in Decision One MTG (2006). Nothing was recorded until Oct 2011, Assignment of Trust Deed (that's when CWALT and Bank of NY Mellon showed up...and MERS). I recently heard of doing a QT for the reasons stated above. I called my BK attorney and I was told that if I could prove fraud (which I think I can do with a QT), then I would own my house free and clear because the debt has been discharged. I would love to hear more thoughts on this too. I want to make sure this is all I need to do. It's worth a try!
Deletemost of the time, that 'original' is never produced - or if produced, can be shown to be fraudulent, or to contain fradulent elements/omissions.
Deleteno one may profit by way of fraud - fraud constitutes default of contract, property remains free and clear.
. . .
ReplyDeleteAnonymous said...
All I'm saying is the QT does not answer whether the alleged creditor has the original or not because they are not a party to the QT. If you win QT, the note becomes unsecured debt, it does not automatically go away.
++++++++++++++
Response to the above BS posted by Anonymous.
A Quiet Title Action is an invitation to any and all to come forward with a valid claim to the property “to establish his claim or be forever after estopped from asserting it.”
Now, just what is it about the phraseology “. . . establish his claim or be forever after estopped from asserting it,” that you fail to comprehend?
After the opportunity to make a valid adverse claim to the property in the county superior court having territorial jurisdiction over said property has been duly accorded, and no valid adverse claim can be made, any subsequent claim is “forever after estopped.”
Estoppel. "Estoppel" means that party is prevented by his own acts from claiming a right to detriment of other party who was entitled to rely on such conduct and has acted accordingly.
Estoppel by judgment. Term means that when a fact has been agreed on, or decided in a court of record, NEITHER OF THE PARTIES SHALL BE ALLOWED TO CALL IT IN QUESTION, AND HAVE IT TRIED OVER AGAIN AT ANY TIME THEREAFTER, so long as judgment or decree stands unreversed. (Emphasis added) (Black’s Law Dictionary, 6th Ed., p551).
Quiet Title judgment is an “estoppel,” FOREVER, against anyone who had the opportunity to prove their adverse claim and failed to do so during the pendency of the Quiet Title Action.
Your unfounded and unsupported posit is ludicrous in the face of long established principles of law.
What galaxy did you just immigrate from?
------------------
Anonymous said...
If on the off chance the alleged creditor does have a proper original, then yes you would owe them. All I was saying is the QT does not bring resolution to that question.
++++++++++++
Once again, ludicrous BS argument by Anonymous.
The alleged “creditor” could NEVER be in possession of a “proper original” pursuant to the fact that the whole transaction was based upon non-disclosure of ALL the facts and FRAUD.
There are superior courts in every county of every state in the union that would disagree with the frivolous posit that “the QT does not bring resolution to that question.”
If the county courts could not bring final resolution and clear title to the property, why would the county courts ever get involved in the matter.
County superior courts possess the power to impose DEATH SENTENCES upon those convicted of capital offenses.
Do you really think that a Quiet Title Judgment rendered by a county superior court would NOT remove ALL “cloud” upon title to land?
Once again, what galaxy are you from?
Maybe, the best thing for you to do is just SHUT UP!
People need to know the FACTS, not useless conjecture or uninformed and clueless imaginings by someone who obviously refuses to do any research, such as people of your ilk, Anonymous.
. . .
What do you think about what these guys are doing?
Deletehttp://endlessfrauddetection.com/index.php
Svarstaad,
ReplyDelete(two part msg)
Sorry, but you are wrong. A claim against the property is not the same as a claim for a debt. You are confusing the role of the two key documents. When you close a home loan you sign two documents, 1) a promissory note and 2) a mortgage, also referred to as a deed of trust (DoT.) The note is your obligation to pay a debt. The DoT is the security instrument that enables the owner of the note to take action if you fail to pay the debt. The DoT is an encumbrance (or lien) on your property and if you fail to pay the note they use the DoT to foreclose on you. Together these two documents make the loan a SECURED debt.
A deed of trust cannot exist without some underlying note. A note, however, can exist without a deed of trust. Imagine this scenario. Your Aunt Sue loans you $100,000 to buy a house. She says she trusts you so she doesn't need a deed of trust, only a note. At the same time you rack up $5000 in debt on your Visa credit card. Both of those are unsecured debts, that is, there is nothing of value in writing supporting your promise to pay. OK, you bring a quiet title action. The judge rules in your favor, saying you and only you have any interest in your property. Every other party in the world is estopped forever from making any adverse claim on your property. You own the property free and clear.
Does that mean your two notes are expunged? No. You still owe Aunt Sue $100,000 and you still owe $5000 on your credit card. Both of those are still UNSECURED debt. They can come after you to collect, but they cannot foreclose on you because you took that hammer away from them in the QT action. That was my original point. When you win QT you turn your secured debt into unsecured debt but you do not automatically expunge the debt. Now the judge could, in the course of the QT, decide the alleged creditor does not have the note and that WOULD expunge the debt. But if you don't make the alleged creditor a party to the QT the judge will not rule against them on the note issue.
Now as the lawyer from Utah points out, it will be hard if not impossible for the alleged creditor to produce the proper documentation to show they are the true and correct owner of the note and therefore you owe them. And what if they do have ironclad proof? What if they kept the original note and never sold it and they have all the originals to prove it (unlikely I know). In that case they would have to sue you OUTSIDE of the context of a foreclosure because your QT action took away any interest they had in the property. The reality is the creditor won't be able to pull this off successfully so the working result is you end up without a creditor. THE DEBT STILL EXISTS BUT THERE IS NO CREDITOR THAT CAN BE IDENTIFIED SO IN ESSENCE THERE IS NO MORE CREDITOR.
"Promissory note"
DeleteSince the BANK has no "money" to lend you, YOU YOURSELF are the functional issuer/originator (or at least, your legal fiction 'straw man' account) for any funds 'created' by the note.
Therefore, those funds may ONLY be discharged. If you understand commercial law (UCC) properly and fully and use it responsibly, you can actually discharge them yourself.
Quit Claims, Quiet Claims, Fraud proceedings, reversing claim in bankruptcies - these are actually SECONDARY actions taken against fraudulent banks, and do not address the underlying issue:
That WITHOUT YOUR SIGNATURE ('autograph'), ON THAT DOCUMENT, banks have NO EQUITY TO LEND... and they never will, because they merely 'hold' and facilitate transactions...
goes way down the rabbit hole. best to keep it simple, use the above 'conventional' methods whenever possible.
Svarstaad,
ReplyDelete(part 2)
Now you refuse to consider anything I have to say, so maybe you will listen to others. Dave Krieger wrote a whole book on quiet title actions. On p. 170 he writes: "Thus, because the note and deed are split [technically], according to Kesler, supra, the note is unenforceable as a secured instrument (only as an unsecured note)." On p. 211 he writes "If the judge voids the Deed of Trust or Mortgage, the security instrument or evidence of the lien is gone and the note that instrument secured now becomes an unsecured obligation."
Or how about Neil Garfield at Livings web site. Think he has some credibility in this arena? He said EXACTLY what I'm saying (sorry for his all caps): "THIS DOES NOT MEAN YOU GET A FREE HOUSE. BUT IT DOES MEAN THAT AT THE MOMENT ANY HOUSE IN WHICH MERS WAS INVOLVED DOES NOT HAVE A PERFECTED SECURITY INTEREST AS AN ENCUMBRANCE. AND THAT MEANS THAT ANY FORECLOSURE BASED UPON DOCUMENTS OR PRESUMPTIONS REGARDING MERS ARE VOID. AND THAT MEANS THAT IF YOU FALL INTO THIS CLASS OF PEOPLE — AND MOST PEOPLE DO — IT IS POSSIBLE AND EVEN PROBABLE THAT YOU COULD BE AWARDED QUIET TITLE ON A HOME THAT WAS FORECLOSED AND SOLD EVEN YEARS AGO.
BUT BEWARE: JUST BECAUSE THEY SCREWED UP THE PAPERWORK AND THEY DON’T HAVE THE REMEDY OF FORECLOSURE IMMEDIATELY AVAILABLE DOESN’T MEAN THAT NOBODY LENT YOU MONEY NOR DOES IT MEAN THAT YOU DON’T OWE ANY MONEY NOR DOES IT MEAN THAT THEY COULD NOT CREATE AN EQUITABLE LIEN ON YOUR PROPERTY THAT COULD AMOUNT TO A MORTGAGE THAT COULD BE FORECLOSED."
http://livinglies.wordpress.com/2010/08/20/62-million-homes-are-legally-foreclosure-proof/
Read that second Garfield paragraph as many times as you need to to let it sink in. Then go ahead and tell me Mr. Krieger and Garfield don't know what they are talking about.
. . .
ReplyDeleteYOU must also factor into your mind the FACT that attorneys are PART of the problem.
ATTORNEYS produce BS statements such as those by attorneys Garfield & Krieger that are many times totally incorrect. Read some case law.
Such attorneys are building the basis for future expensive litigation.
If the banking system never actually "loaned" any money, the SUCKERS that bought the papers representing those fraudulent transactions, are screwed.
This is about how silly the "unsecured debt" argument is in reality,
Oh, judge, I lost my Federal Reserve Note, (promissory Note & mortgage Agreement), but
I do have a COPY of the one I lost, and a few fraudulent affidavits in support of my "story," please believe me, make the person I bought the note from pay me the face value amount of my lost note. Pretty please.
If you choose to believe the rantings of lawyers, who are looking out for themselves in the first instance, be my guest.
Lawyers are SKUNKS. Cute little critters that piss on you when you least expect it, and then demand that you PAY them for their betrayal.
No case law references to research and validate what you quoted as utterances of the gurus Garfield and Krieger, were offered.
Read this and let it sink in. THERE COULD BE EIGHT-LEGGED GREEN MICE ON VENUS, TOO.
. . .
Mr. Keane,
ReplyDeleteWell done! A question for you, please... Did any of the judges in your QT actions ask you why MERS should not be added as a defendant, as they are on the mortgage or deed of trust? If yes, what did you say to convince the judge that was not necessary? Thanks.
i liked to know how to file a quite title with out a laywer, because I cant afford to pay anything right now.
ReplyDeletewhere can i find info on how to file a quiet title in Texas? If I want an attorney to do it for me, how much does it generally cost and what type of attorney do I need (i.e. consumer law, real estate law? what?)
ReplyDeleteI'd like to know what kind of attorney I need to file for a Quiet Title in Texas. Real Estate lawyer? Consumer Protection attorney? Other? Which is appropriate and how do can I find out the process for filing Quiet Title
ReplyDeleteCarla, I am not an attorney. Call a real estate lawyer and ask if they do it and what they charge to do it in your state. If you can afford a lawyer call your Legal aid in your area and talk to them about it. Every state is different, so make a few phone calls or even do a search online to find out about Texas Quiet title laws.
ReplyDeleteGood Luck!
Actually you are both right. I had a bank do just that without my knowledge. They did some kind of debt suit and I blew it off because the papers were fraudulent and not even signed by a judge and I was not served, but I had no clue how to respond and was so devastated that I was like Bambie in the headlights as well as having no confidence what so ever in the system since I had been stomped a few times when the evidence was clearly in my favor.
ReplyDeleteThe Judge did everything for the bankster lawyers, they just stood there and smiled. The judge badgered me and asked questions the attorney should have brought up and then told me not to object and then spent twenty minutes making the case for them. But I have been studying and learning and I will be going after them.
In this case it was not a MERS so they had the note in bank cause it was an alleged construction loan though I did manage to stump the banker by asking, what of value did you give me? She replied "the title" I said " no you didn't" since I owned it before they were ever in the picture. She said "yes we did" etc, finally I asked "did you ever have the title to the property?" She said "no" i said "how then can you give me something you never had?" Silence. next meeting went similar but this time she did not try that again. Finally i stated, " I gave you a negotiable instrument of full face value" Silence. i said that to that badgering Judge as well and silence there too. So that has kept me going all this time. Then they pull sneaky stuff when i was out of town. They put leans on all my properties, so this quiet title should be interesting to see what they do.
It should force them to bring their claim which i will challenge now that I know how, by simply requesting the original which they may produce. I will then say, "so you have been tendered payment as evidenced by the note in your possession, perhaps you would like me to tender another for you? You see, i know now that that Note is in fact tender of payment. Second, at the very least, if the judge or someone says it is a debt note then i will ask what did you give me of value... even if they can show the record that they gave me money, I will ask what form it took, Federal reserve Notes? Then those are also debt notes so at the best there was an exchange of debt Notes, except that you can and probably have used mine several times to gain value on your accounts and loaned out 9 times the value, where as the Debt Notes you allegedly gave me were worthless and as a promise to pay by the United States completely worthless. So I tell you what I'll do, you give me all of the proceeds from my note which you have used in a manner without my permission or consideration and I will return your federal reserve Notes you allegedly gave me. By the way do you have a receipt evidencing you did give me them along with the GAAP records showing it was your money you gave?
ReplyDeleteBy the way under UCC these are not Notes they are contracts with only one signature - void! but I Would rather go after them for the proceeds they have gained from my Note. In some cases 96 times the face value!! I will find out who actually are the invetors (teachers, firefighters, police funds (if they show me they know the Constitution!!) and pay them twice the amount they invested.
So, they can come and will come after you for the unsecured note in cases where they think they can get away with it but if you know your stuff you can stuff them. Give me the proceeds of my Note and I'll give you back your notes. Oh my, look at that you defaced the Note, voiding it and the alleged obligation along with it UCC 3-604.. etc.
Now i have a question, I have heard that Pro per and pro se are terms used to say you are representing yourself, REPRESENTING is the operative word, that means you are acting like and attorney and they don't like that, 'so i have heard of going is sui juris or as yourself... I know little about it, does anyone have opinion, information about this please thank you all!! Even the antagonist that gets us to correct them and thus we all benefit from the information!!
Your arguments are the closest to the truth Colin, not discounting the other great information. They made an exchange your note for a check , you created the funds with the note, they gave you a check and used the note for a bond that created money, then they said you owed them an amount. You gave them money of account, they gave you money of account, you were even at that point, then they said you owed them that much more, defrauding you into thinking they actually loaned you someone else's money when they didn't. one of the best things to go after in discovery is the accounting or book keeping entries they will tell the truth, look up Tom Schauf info, sounds like Colin already has, that's for the rest of you....
DeleteAnonymous makes this a great read, and a learning experience. What I want to know is does anybody have the format/forms for filing a QT pro se? I'm in Texas.
ReplyDeleteHello I need your help My husband and I have been trying to buy a home in michigan for three years the home is abandoned/foreclosed. It has been completely gutted by scrappers. The home was foreclosed on by mers. The deed says fannie mae owns it yet fannie mae tells me chase bank owns it chase bank denies this and tells me it is fannie mae who owns it. Exhausted by this I did more investigation and found the home was foreclosed using mers how can I own this property please help
ReplyDeleteAnon - READ THIS - STAY AWAY FROM ALL FORECLOSURES! I just posted this today - 10/18/11
ReplyDeletehttp://sherriequestioningall.blogspot.com/2011/10/calling-all-class-action-lawyers-get.html
I am sorry sherrie you have lost me with your response are you telling me there is nothing I can do
ReplyDeleteAnon, I am not a lawyer and can not advise anyone on anything - I am saying read the information and make your own decision and consult a lawyer about questions you may have! If you don't understand what I linked.... then you need to really look at it closer.
ReplyDeleteSherrie, I've read your blog and I can't express enough how much good you are doing. Information truly is power.
ReplyDeleteMy father's home is going to get foreclosed on soon and I've been looking for foreclosure lawyers all over San Antonio, Texas. None of them want to take the case. Some want to just do a bankruptcy.
Who do I go to for help? What type of lawyer should I seek out to file Quiet Title?
Again thank you again for your blogs.
Hey Sherrie,
ReplyDeleteAny follow up on those two cases? Any appeals, reversals, or are they final and clear title for the homeowner?
yes we all need to do this and in numbers and kick their butts!!!!!!Agenda 21 iclei does that ring a bell????? look into the property rights i n regars to agenda 221 and iclei everyone must keep informed!!!!! PAULINE HOLETON MICHIGAN.... please voisit www.w4a4.com for more info on these subjects.....
ReplyDeleteI've been living in this rental house since August 2006. The owner defaulted and walked away from the house in 2009 and the bank has been threatening to foreclose since June 2009. Although I'm not the original owner, can I file a quiet title on this house? The bank has started making noises about foreclosing on March 15, 2012. We live in California. Any help or advice is appreciated. I can be reached at track3pro@aol.com
ReplyDeleteThe bankers will be gone shortly, NESARA will kick in with the Prosperity Packages and Global Settlements. Back to the gold standard in June 2012. That is what Basil III compliance is mainly about. All mortgages will be paid off or forgiven, like Iceland.
ReplyDeleteLet's all get together and watch the necktie party for the murderers that will be (are) arrested and tried. I'll buy the popcorn and beer !
"Anonymous Sunday, April 29, 2012 10:11:00 PM EDT
DeleteThe bankers will be gone shortly, NESARA will kick in with the Prosperity Packages and Global Settlements. Back to the gold standard in June 2012. That is what Basil III compliance is mainly about. All mortgages will be paid off or forgiven, like Iceland.
Let's all get together and watch the necktie party for the murderers that will be (are) arrested and tried. I'll buy the popcorn and beer !"
It's July 2012...no gold standard yet. No forgiven mortgages either. Just sayin'...
iam going to Lose my Home here in Tampa, in 90 days,judge,,,didnt give a Dam,banks dont give a Dam,,,,plESAE SOMEBODY HELP,...
ReplyDeleteDo Bankruptcy and claim your loan as unsecured. You can do it over the internet for very little, maybe 184.00 and the fee for the court about 200-300.00. Let them tell you that your note has a clear chain of title, which it doesn't. In Bankruptcy they have to show a perfected chain of title or else it is unsecured. Start with Chapter 13 and when that goes through and they can not prove a perfected chain of title, you can then move to Chapter 7 and get the debt discharged. You need to qualify for Chapter 7 though according to your state income guidelines. Fight, do not let them have it. Do BK and stay in your house.
DeleteI filed a Chapter 13.. and was granted a "full repayment" BK. The mortgage seems to have gone through that check even though it has been passed at least 3 times to other 'lenders'. Is this 'proof' of a perfected chain of title or just shoddy work?
DeleteTblue2, you may want to look at this website:
ReplyDeletehttp://www.timmccabelaw.com/
They are a law firm that specializes in foreclosure avoidance in Florida and across the country. Best of luck
Sherry, can you please advise how does one go about learning if their property is in fact contained in the MERS database? I am in CA. (San Bernardino County).
ReplyDeleteneed quiet title atty FAST! I am in NJ but props are in Fla, however the securitization stuff happened in NY. help!
ReplyDeleteIs this forum still active? I need an attorney in Houston, Texas, who knows what he/she is doing, asap!!!! Impex7@yahoo.com
ReplyDeleteHas anyone had current success with this letter? My mortgage was included in my chapter 7 BK filled in 2010, due to illness. The servicer "Seterus" filled NOD after BK then a Notice of Trustee's Sale and then they recorded a rescission on all that. I stayed in the house. I was so ill at the time I just couldn't move or deal with them. I still in the house and just now mentally feeling like trying to work with them. Should I send them this letter?
ReplyDelete