An owner of a home WON a Foreclosure case Pro Se in New York and the New York Supreme Court just ruled for her!
This woman challenged MERS herself without a lawyer (that is what Pro Se, means)! It shows it CAN BE DONE!
The New York Supreme court vacated judgment of EMC Mortgage (MERS bank) right to foreclose on her! They did not hold an assignment on the house when they began foreclosure proceedings!
She now has her house FREE and CLEAR!
It shows by standing up against the fraud, people can WIN even by doing it themselves!
From Judges order:
The pro se defendant, in her supporting affidavit (defense#1) challenged the right of theholder of the assigned mortgage to bring a foreclosure action and effect service.
The plaintiff, not being the holder of the assignment at the time the action was commenced,it did not have standing to commence this action. Accordingly, the Court vacates the Judgment of Foreclosure and Sale, which the County Clerks minutes indicate was executed on April 9, 2009 and dismisses the complaint
EMC v. Toussaint w
WOW!!!
ReplyDeleteWe are waging the best fight we can afford. The judges have started awarding attorney's fees for even filing an injunction in this state. But... a couple of small cracks are beginning to show, even here. Thanks for handing me another wedge. Let me see where I can drive this one...
All we have to do now is round up all these bankers and string them up for high treason.
ReplyDeleteDoes that automatically give her title to the house? If so , why? If not, then who does have title?
ReplyDeleteIt shows that deadbeats who don't pay their debts get a house for free while hard working Americans have to pay for their homes. Rewarding failure has become the norm. The USA is doomed.
ReplyDeleteI am sorry, but it shows through your comment, you have not educated yourself in the least about MERS and the foreclosure fraud. I won't bother trying to explain it to you either, right now.
ReplyDeleteYou really have no clue about what the banks have done, do you? Otherwise you would not have made the comment you did.
Please inform yourself about the banks scams and how they scammed investors out of billions with the mortgages, and there being no owner of the mortgages, before making ignorant comments as you did about it.
Sherrie, I may not have the knowledge you have to complete a suit as you did,but I know you are right in what you said to Anonymous above.It is one of the biggest scams ever brought on mankind and it's a form of slavery.
ReplyDeleteI know I don't have to tell you that you are not a dead beat because you took the time to gain knowledge that he/she does not have to understand how they have been cheated out of their labor to make the bankers rich.
Congratulations and now maybe you can help others that are in need.
Anonymous said...
ReplyDeleteDoes that automatically give her title to the house? If so , why? If not, then who does have title?
I am sorry, I had missed reply to your question.
YES, she now owns her house without any liens or mortgages against it. She can not be foreclosed on.
Also something for people to think about, before they pass judgment on people who have stood up.....
Do you REALLY think courts around the country would be ruling against the banks, if there was not OUTRIGHT Fraud happening?
It took, many lawyers and people time and money to get the courts to rule by the law. For years judges ignored the law and the fraud and they ruled for the banks. NOW justice is being served! Yet, it is amazing how many people I still come across who feel sorry for the banks!
Thank you Strawman! I am trying to get people to STAND UP!
The mortgage servicer claimed to have title otherwise it couldn't initiate a foreclosure. They were found by the court to no have title.
ReplyDeleteIt seems that no one owns this property as far as the title is concerned.
No longer having to pay a mortgage, but what if there's a desire to sell the property. No clear title is available. Wouldn't this reflect negatively on future sales.
Carrying a mortgage, you're obligated to purchase title insurance. Either the title insurance company or the plaintiff in the case should be obligated to compensate for the confusion created related to the title.
As I'm reasonably sure the ambiguity of the title will surely depress the property value.
I am so glad to hear she won! I went through the same thing on my house in Nevada a couple years ago and was 2 years too early. I was fighting on the same grounds but that was before all the bank frauds were discovered and went national. My argument was the same... Prove who owns it and the judges are so crooked that even though I had a case pending in Federal court, the lawyer for Indymac ( who was out of business at that time) got me evicted in 10 days by the Judicial ( lower court ) Court! The laws don't seem to need to be followed. I couldn't even find out who the lawyers client was!!
ReplyDeleteYou think that you'll win if the law is on your side... NOT true!! It's completely disgusting how the American peoples rights are violated and there's nothing that can be done about it!
I would appreciate any advice you may have. Good for her!!!
Sherrie, great job in bringing all this to light...as far as remarks from people that do not understand the whole scam...well there is nothing you can do about that...Although that lady did it pro se, there are a lot of folks that can not handle it..check out my you tube videos and comment on my foreclosure videos...my channel name is nikonj27.
ReplyDeleteGreat Job, keep up the good work...
or call me
888-713-7570
comment:
ReplyDeleteAs I'm reasonably sure the ambiguity of the title will surely depress the property value.
No, she has clear title - no problems at all in selling in the future! There would be no lien and in her name! Clear cut!
This just in (grrrrrr):
ReplyDeleteC.A. Rejects Challenge to Nonjudicial Foreclosure Proceeding
Homeowner Cannot Use Court to Stop Process Based on Claim That Noteholder Did Not Authorize It—Panel
Here's the link: :-( http://www.metnews.com/articles/2011/gome022211.htm
. . .
ReplyDeleteRequired comprehension:
1. The bankster did NOT "loan" any money to you:
2. At no cost to the bankster money was created:
3. The bankster did NOT "loan" any money:
4. The bankster converted your note into money:
5. The bankster used YOUR money (your note) to buy property in the bankster's name;
a. Bankster indorsed "WITHOUT RECOURSE" and DEPOSITED your note in a bank transaction account:
6. ONLY money can be deposited into a bank account:
7. The bankster lied to you by telling you that this sequence of events was a "loan" to you:
8. The bankster NEVER "loaned" you anything:
9. You were deceived into thinking that you had received a "loan":
10. The deception that you actually or constructively received a "loan" is a false representation, fraud.
11. Proof that you were deceived by the bankster's false representations is found in the fact that you made PAYMENTS on a NONEXISTENT "loan":
12. When the bankster indorsed YOUR note "WITHOUT RECOURSE," as part of the deception, the bankster's obligation was fraudulently modified which DISCHARGED your obligation on the note. The bankster's "alteration fraudulently made" discharged the note because YOUR obligation was affected by such fraudulent alteration. (See UCC § 3-407(a) & (b)).
13. YOU have actually tendered a significant amount of YOUR LIFE, converted into Federal Reserve Notes, in payment for the property by deception:
14. The bankster has made no such investment or payment. (See US Congress report, A PRIMER ON MONEY).
15. YOU have PAID for the property:
16. If the bankster has collected vast amounts of profits, at no cost, pursuant to YOUR note, the bankster's taking of YOUR property is "unjust enrichment" for the bankster:
17. YOU have PAID; the bankster has not risked or paid any value into the property:
18. YOUR keeping the property is NOT unjust enrichment:
19. YOU are NOT getting a "free house" by defeating the bankster with the LAW.
[2nd paragraph, "Primer on Money" PDF page 89 of 141]
"But the conditions under which private banks operate are very different. 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. Bank profits come from interest on the money lent and invested, while the cost of creating money is negligible. (Banks do incur costs, of course, from bookkeeping to loan officers' salaries.) THE POWER TO CREATE MONEY HAS BEEN DELEGATED, OR LOANED, BY CONGRESS TO THE PRIVATE BANKS FOR THEIR FREE USE. THERE IS NO CHARGE." (emphasis added).
Link: < http://nrgnair.com/MPT/zdi_tech/ucc/Patman.Primer.on.Money.pdf >
Read it for yourself!
. . .
Wow, great for that pro se - question is it not best to say suis juris?? I was told that pro se or pro per puts you in their game set/match.. but it worked for her. I'm in Maryland the place that feeds on the giant cow Pattie known as DC and they enjoy the game... so they are really good at it.. anyhoo, to the moron above.. more of them :-} unfortunately, but that is ok I was there myself having worked three jobs since 13 yrs and living in the woods because I refused to work for corrupted businesses (which most are if their big) but found a way to do honest contracting at fair price. Then saving, buying a total rebuild in the really bad part of town and getting accosted every day etc, but somehow persevered, got AA credit rating and bought into all that, did about 25 mortgages, busted my ass to pay all of them off (where is my note from them???? stolen and they are still using them today. My note, my investment paper, now I know what it is). Any way four years ago i shut everything down because I smelled a rat, oh and I am VFW as well so I did my service and have yet to get paid in substance.. So working 18 even 22 hrs a day every day non stop, no social life, no TV, No vacation, nothing but study and work and learn and file and get screwed in court even when the witnesses admitted to lying the Judge still found against me and testified from the bench, and prosecuted from the bench... so don't even think we are dead beats!!! I took an oath to defend this country from enemies from with out as well as within... when you do a little homework you will begin to see the worst enemy is in this country and it is the bankers and yes the pretender lenders and pretender government!! Watch moneymasters on youtube, obamadeception, corporationnation for starters. Don't take our word for it, turn off the TV and do a little homework!! Then come back and ask pertinent questions and contribute to the strategies of how to make the courts obey the law!1
ReplyDeleteOk, I have an urgent question, I have five foreclosures and i am almost ready to file my claims, charges etc. (it is not about the houses, it is about the law) and I want to file one simple claim first and then another and then another, separately, but I have heard that you have to file everything concerning the case or else you can't later.. but that may be a misinterpretation. Though they may all be part of their fraudulent case, they are all separate actions of fraud and collusion which i want to be validated individually so that once I have built up several wins on the specific action of fraud I then can go after the Judges and court clerks for not doing their jobs, and also show the payments they have received for turning a blind eye. (yes they get paid between 20 and 60k for each case, most-times they are also share holders in the organization for dept collections and benefit indirectly as well as monetizing and writing bonds (gambling) on the actual court cases themselves as well as gamble and gain when we do not claim the funds due to us and the state takes them as abandoned funds.. Oh yes layer upon layer upon layer of schemes, cons etc.
anyhoo, do I have to put it all on the line or can I bring each and every one in separately as separate civil cases to prove or not prove on their own merits and then do the next and finally having established all the foundational blocks verified and validated by a trial by jury, it would be impossible to deny or steam roller over the whole thing and bury it... thank you ahead of time. Any court cases would be helpful as well.
ReplyDeleteA quick note, the case above that lost.. well the judges are correct. They came in on the wrong claim. I suggest they come back in with the bifurcation which makes the Deed of trust a nulity!. Simple and sweet. Also, they made a judgment based upon his pre-foreclosure action which also is not the way to go because it presupposes something that has not happened! However, a Quiet Title action WILL accomplish this ahead of time and for all those who have mortgages and are up to date but learning of the fraud and are pissed as you should be and want to take action without going to foreclosure.. Do your home work and do a Quiet Title action!! if it is MERS then the Note and the Deed of trust/mortgage have been separated and that negates the deed of trust. Now the true investor may come and do a civil action on the now unsecured Note but the house can not be foreclosed on. And I also do not think that you intend to sue yourself because you are the Holder-in-due-course of the Note because the note is an investment instrument of yours!!! and if you really want to do some investigation, find out via the qusip number, how much has been made using your "Note" (security instrument)and since it was without your knowledge or permission you are entitled to it all. In some cases it has been found to be 96 times the face of the Note. So a $300k note times just 50 is what $15,000,000 Not bad for a days work. Now sue them for all that, be honorable and give 2 times the 300k to the investors, which usually are retirement funds, and so forth for many good people and they will be very happy. win win, take back what is yours from the banks and the government run by the banksters and use it wisely, like give a bunch to people like us working diligently to discover all this and hire hundreds of legal assistants to help people put together the same documents in their states. Then, it is time to go after the people in office who have sold out this country on a daily bases.
All the best to the rest, coming in peace with bare arms and clean hands, Rebutting all assumptions and presumptions, Not for sale or obligation, reserving all powers, creator known as Colin-Derek C/O truthmonger2@gmail.com