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Mortgages and Notes
http://www.thehomeownersrevolt.com/f...s-to-foreclose
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Now say you lose a job or otherwise cannot meet your obligation on the note. Bank attempts to take the house through foreclosure but you decide to fight the action. In court the judge holds up a copy of the mortgage and asks you if that is your signature. It might be a certified copy from the recorders office but it is not the original. It hasn't even been entered into evidence yet through ignorance you state that it is your signature. By doing so you have verified the document unwittingly. There is only one document with your signature on it and a copy does not contain it, only the original which was signed in wet ink. Rather than give away the store a better approach might be to agree to comment on the document when it is entered into evidence. In court there are two types of hearing: argument and evidence. In evidenciary hearings someone has to take the stand and state that they recognize the document before others can talk about it. Now even if an original note or mortgage is brought in the home buyers signature is going to be the only signature on the document. It is a pledge rather than a contract. A contract would require two signatures. So the only one who can enter the document into evidence is the home buyer and to do so would not be to his advantage. A close examination is required to make sure there is no alterations. Even a hole left where a staple is removed or a stamp (recorders alter documents all the time when they add their stamps and seals) might invalidate the document because it is now no longer the same document in the same state as when it was signed. Ok, back to why banks sell mortgages and notes for a profit. The reason is called fractional banking. Your signature is all that is needed to make either a note or a mortgage valuable. Most probably the bank did not even have the money in the vault that they are presumed to have loaned you for the purchase. If the note and home value is $100k that is the value of the document. Through fractional banking the bank can make other loans up to $1M if they have either document as an asset ($2M if they have both documents). If these loans are at 5% interest then these documents generate $100k annually in profit for the bank. Sounds like a pretty good deal for the bank. The remedy: If you are in foreclosure fight it by asking only for the original note and original mortgage. If you are in court demand an evidentiary hearing rather than agument hearings. If you are buying a home and need to sign a note or mortgage demand a signed receipt for both documents. These papers are WORTH MONEY. Don't just leave them on the table when you leave the room. The receipt is your means to receive the originals back when you have finished performing as obligated or to determine who should be receiving your payments. Look at it this way: To the bank the house is not the asset. The documents you sign are their ONLY asset. You want these documents back when you have done what you stated you would do. |
I've heard this before.
Are you saying, because of a persons own misfortune, they should break a deal? because of a technicality? Sounds a lot like dishonesty to me. My understanding is that banks were forced to give out mortgages to people who never ever would have qualified for a home loan, because they're not and never will be credit worthy. Force someone in the money making business to take on a bad risk, and they'll figure out how to rid themselves of it. They bundled these toxic assets into big packages, got "us" (US) Fannie and Freddie to guarantee this toxic stew, and then sold on the open market. When the toxic debt melted, it nearly brought down the entire financial system. I don't care. You buy a home you can't pay for, and your situations change, you lose your home. Don't want to lose it? Do it the old fashioned way, save your money, and build it yourself. Why should someone be able to rob a bank without repercussions? Nationalizing it, through Fannie/Freddie should stop immediately. I don't know about mortgages, but in our courthouse, if you sign a deed of any sort, and have it witnessed, and registered in the courthouse... its golden, and unassailable. I only know of a few cases where there was fraud... once the fraud was proven, the documents were changed. The persons signature was not an authentic signature... the copy was irrelevant. The person registering the fraudulent deeds is now under investigation by the DA. |
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People are so sloppy with their legal procedures that practically anything goes until challenged. Attorneys don't help the situation because they are trained in administrative law and procedure rather than questioning the law. Most people could not tell the difference between an evidentiary hearing or one for arguments. Most people don't know that courtrooms are scheduled and that, just because the black robed one sits four feet above the floor, he might just be the tenant-for-an-hour. You have to FIGHT for justice. Don't wait and expect it will be handed to youi on a silver platter. |
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I believe I read this somewhere in a document described as the ten planks. When Roosevelt took away your ability to pay in gold and when Nixon took away your ability to pay in silver you have no path to become an owner. End result .. if you BELIEVE you are an owner then you are being dishonest with yourself. You have lost the right to this concept. Quote:
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Excellent observations Palani.
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Well, it's hard to escape the State, and paying tribute.
However, I did for 13 years (at least on my house) without any penalties whatsoever. You can escape foreclosure, by never acquiring a mortgage in the first place. Imho, you own nothing, until the mortgage is paid off. If you walk in 'my' bank, they're going to require collateral... they'll want to know what you make, see tax statements, personal history, standing in the community. Get a loan from them, they're going to hold the paper, not package it and sell it on the market. I'm sorry, but I was raised to be honest, and a gentleman. Even if I did know how I could weasel out of a loan, and keep a home that I didn't own, I wouldn't. Guess it's a character flaw (at least in the modern age). A man's word is his bond... lose that and your nothing. That kind of 'reputation' gets out in a hurry, and never leaves... Reckon you could move off to some place else and start over, but if you 'poo'ed' in your nest before, you'll probably do it where you land. |
what texican said, both times.
How about you turn things around and say you loan some money to someone. Would you like to lose out on repayment because of a technicality? I am amazed that people don't get that they way you treat others always comes back to you. good or bad. bottom line, if you borrowed money pay it back. If you can't then own it and see what you can do to fix it. |
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I have heard of people who do so. For example, the original 13 colonies land was issued by grant. If you can track down the original grant and have no intervening tax lien "events" in the abstract then you can claim title under that original grant. Nevada has a concept called "alloidal title" in which you simply prepay the debt you currently owe and nothing after that. This is not the same concept as absolute alloidal title though being more of a prepayment with interest. Unfortunately heirs do not have the knowledge to keep away from state servitudes. Quote:
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Go back and read that link I gave at the beginning. The Florida Supreme Court has as much as admitted that people are being foreclosed on by banks that no longer have the original documents (or standing)......WITHOUT THE ORIGINALS THEY HAVE NO RIGHT TO ANY PAYMENT or TO FORECLOSURE. |
Oh, boy! If people put as much effort into being honest and doing "what's right" as they do into figuring out how to beat the system, the level of consciousness would be raised for everyone.
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And yet you wonder WHY you live in a society that does not respect you? Respect is earned. Go out and earn some. Or, if you prefer, act foolishly and be treated as a fool. |
I'd prefer for people to pay what they rightly owe me and I'll gladly pay what I rightly owe. This is a reminder why I REFUSE to work for lawyers.
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Roosevelt removed gold from society and Nixon removed silver. Now the only way you pay for anything is the promise to pay at some time in the future when these two substances are returned to circulation. Until that time the promise to pay actually IS the payment. The clue to this last statement is that, at the end of the day, the banks books are going to balance. If you doubt this just go into the bank and ask any of the tellers "Do your books balance at the end of the day?" If you just completed closing on a $100k house after pulling that sum of money out of the banks vaults and replacing them with an ORIGINAL note the end result is that the books have been balanced. Now if the bank no longer holds the ORIGINAL note yet you continue to send in payment you are contributing to unbalancing their books. They no longer have the right to enforce payment. If you think this is fraud then you would be correct. No one forced the bank to sell the ORIGINAL note. If they no longer have it then when you are done paying YOU ARE NOT GOING TO GET THE ORIGINAL NOTE BACK. NOW YOUR BOOKS ARE UNBALANCED. |
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If you have an argument then take it to the Florida supreme court. Do you have a clue as to why they ruled as they did in requiring an ORIGINAL? Do you realize that if a COPY is permitted then anyone can take a trip to your local recorders office, get a certified copy of your note and use it against you? Copies have no place in evidence. Never did. Never will. |
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How you put so much into what I DIDN'T say just baffles me. You seem to take me for someone who should be impressed by your realizations. I'm proud that I'm of the same mindset as texican and AR transplant. This tit-for-tat with you just proves that your objective is to being fractious, with nothing noteworthy. |
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You know legal tender laws don't kick in until a merchant says "I don't want to take that paper" in which case you read from the note "Legal Tender For All Debts Public and Private" upon which he is breaking the law if he refuses to accept it. Until the discussion reaches this point there is no benefit provided by government in doing transactions using paper currency .. it is all by agreement. But when you use other peoples debt then liens attach that are not fully disclosed. Have you ever had a merchant refuse to take paper currency? If the answer is no then you have received no benefit from the legal tender acts. |
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Palani..... I've not read all of your posts, and so I can't make any hard line accusations, but it appears as though you are kind of jumping into the middle of a very long story and expecting folks to understand the foundations of what you are trying to expose.
People have been taught, rather by default, that the "currency" they have been provided with is money. They are certain that they are "paying" value for value in their transactions. They believe they have the right to "own" what they "pay" for. They don't want to believe that what they have is military scrip.... the kind that is temporarily allowed a conquered people for their day-to-day "business", while bigger issues are sorted out, in their behalf and not in their best interests, between "sovereigns". They don't want to examine the evidence, even in cursory manner, and realize that US citizens are under a vow of poverty and cannot OWN anything. The STATE owns all, period. That is why tribute must be paid. That is why "imminent domain" is not a laughingstock. That is why regulations are in place governing the use of every person, place and thing in the country. Now if folks realized some of that, then it might be easier for them to see that there are bendable rules, just as in "The Matrix", and that the agents bend those rules all the time, and we are supposed to believe that we cannot. All of this puts robbery, dishonesty, honor, right, value, virtue, ad infinitum, into a whole new perspective. The old rules have been grossly twisted, and right and wrong are well beyond vague, at best. That said, I do respect the stand that most here are willing to take, and their attempt at remaining honorable in a very dishonorable game. Their naivety at this point can't hurt them much. It would be interesting, though, 100 years from now, to see how this great debacle is represented in the history books. It would be even more interesting if it were all written form a de jure, common law, just weights and measures point of view. |
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Forerunner,
I know what he's saying... It just doesn't work in the real world. Don't pay your tribute (property taxes) and you'll find a piece of paper posted on the wall of the courthouse... Tax Sale. If I take out a lien, a loan, or a mortgage, when it's paid off, I DO get the original piece of paper back, And, if the original was filed in the courthouse, an official release is filed too. That satisfies me I know I'm talking apples and Palani is talking oranges... What I'm talking about is the right thing to do. I reckon if a person wants to make their living by stealing from others, or informing them how to weasel out of a deal (to obtain goods and services, cash, or other things), that's ok. As long as they know that by doing such things, it reinforces that Shakespearean feeling of retribution. This, amazingly, is a self reliance forum... Not a who can I blame for my own troubles, and get out obligations I willingly entered into. |
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The system is designed by the highest form of evil with intent to make all complicit in the most extraordinary self-depravating/self-destroying/self-consuming feeding orgy of all times. One-sided, unjust weights and measures trading takes place in all directions and everyone loses in the end. Quite hand-in-hand with politics, you can't be in the same muddy vicinity and begin to stay clean. That is why, rather than "fight" the beast with weapons that he has designed in such a manner as to only give him further power when "employed" against him.... I chose withdrawal. One chink that I have seen in Palani's armor is that he appears not to have stuck his neck out too far before making his claims. He appears to preach battle from the sidelines, so to speak. I hope I am mistaken. Conversely, I have run the gauntlet, intentionally, on many fronts, and live to tell the tale. There are no guarantees, either way. |
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Many people believe accounting principles are above reproach. Double entry bookkeeping. An asset balances a debit and so forth. Most people believe they are honor bound to keep their word while others do not. Well, the original note balances the books with any paper currency removed from the vault. No one here has rebutted that simple little principle. Nor can they. Now the signer of the note (a pledge) has a duty to perform but that duty is premised upon receiving the original back when performance is complete. If he cannot receive the original back then exactly WHY is he performing? Simple question. Again, no rebuttals. Quote:
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One of Bacon's maxims goes: All actions without remedy are valid. If you have no clue that there is a trespass then the action is valid. This appears to be the main rule used by government to gain consent. |
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Actually, I believe it could come to that, if things don't change direction. That's precisely why we have a 2nd Amendment.
Will they redistribute me... like Soylent Green? Not such a bad way to go, but don't want to be on the receiving end. |
LOL.
A homeowner is not making their house payment. Someone comes along and tells them they need to get out, because they are being foreclosed on. They "fight back" by telling the lien holder, they can't foreclose because of paperwork snafus? The new gumption in America? With the same paperwork problems, wonder how many times this happens , when mortgage payments are current? This is nearly as vile, those who make any purchase, are happy or mostly happy with the purchase, by still complain loudly to the seller, about some dissatisfaction, demanding a large partial refund or other credit, just to "hustle" some of their money back. |
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Then since you have made all of these statements you might plan on adding perjury to your crimes as you sign all those 1040 forms. In property possession can be separated from ownership. In ownership of things "use" is not the same as "usufruct". Quote:
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Finally, in these notes the bank frequently includes a clause called a cognovit. This is a confession of judgment clause that denies due process to the one signing the note or mortgage. Cognovits are illegal in 45 states and closely controlled in the other five. These phrases are limited to dealings with corporations rather than real men or women. If this phrase is in YOUR note then you have engaged in an illegal contract. GOT THAT? It is not legal. Same as trying to purchase heroin or marijuana. Illegal contracts are void from inception. They don't exist. |
I wondered off course with this second statement. I was referring to purchases in general, not necessarily homes. Sorry
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The ONLY way to get foreclosed is if a court somewhere issues a document telling the sheriff to move you out. If the only original document the court has ENTERED INTO EVIDENCE is a note then the only order they can stand behind is a lien on the property in the amount remaining on the note. This doesn't get you evicted. It just says you have to pay that amount before you can sell the house. In theory you can only be evicted if both note and mortgages (originals) are entered into evidence. You only signed one original of each document. Copies are not originals. You did not sign a copy. Because these banks sell these documents, because they are sloppy businessmen and might not have access to the original and because the judges bend rules to accommodate banks, because the government has bailed out the banks and not the people, why would anyone feel any obligation to give them anything they do not deserve. Make them prove everything. At argument hearings a judge will hold up a copy and ask the (default) home buyer if that is his signature. As likely as not he will agree that he did sign it. A better answer is "I am willing to comment on this document when it has been entered into evidence". He is the only signer. He is the only one who can verify it. Why would he do so if it is a copy? Even if it is an original if it is modified in ANY way then it is not the same document that he might have signed. This attempt by the judge to get a document validated places them in the pocket of the banker. They know better. |
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Look, if you made a deal and agreed to pay, you should live up to your obligation, not attempt to weasel out of it! It's because of people like you that most won't do business on a handshake anymore. For shame! |
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Following your line - if the bank no longer holds the originals, thus making the contract/pledge null and void - would that not also make the fact that you "own" the property null and void ?
If the contract/pledge no longer exists, then neither does your ownership? Granted, you have been making payments in good faith that you owed the money to them based on the original documents. Those documents no longer exist, but you have made the payments to the entity. Now they must refund the money - with interest? or sign the property over to you? I agree in honesty you agree to make the payments to purchase the property (although in honesty, they also agreed to return the original document upon completion and now can no longer uphold their end of the deal), but I do find these types of things to be interesting - sounds a bit like B la c k' s L aw book to me. |
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Look ... this is not about the land or house. It is about PAPER. Obligations exist on both sides. The PAPER is only a monument. The words spoken are what control the agreement. Quote:
And the handshake is more binding than the paper is. |
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Don't shoot me. I am just the messenger. You might be the one living the American "dream/nightmare". Quote:
If you can establish that a cognovit exits then the contract is illegal. If you can sue on this basis and win then the contract did not exist from inception. You turn the keys over to the note/mortgage holder and in turn should receive all payments made back. Quote:
You might be aware of the logical game ROCK, PAPER, SCISSOR. The ten commandments were written on ROCK, a pretty solid substance that does not float nearly as well as PAPER does. So PAPER beats ROCK but only in a maritime law environment. Now along comes SCISSORS which won't dent ROCK but cuts PAPER pretty well. Gold and silver are pretty solid substances too. SCISSORS won't touch them so I would place them in the same category as ROCK. If you find your life ruled by PAPER and maritime law then bring along a pair of SCISSORS and you might stand a chance finding DRY LAND again. |
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