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forclosures fraudulent and coming to an end in california

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posted on Aug, 6 2010 @ 06:20 AM
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reply to post by boondock-saint
 


i can only comment on the legal cases i have posted but this looks very promising and i hope it is true cheak this link out

it seams to be acurate very valuable read

ex link
www.restoreamericaplan.net...

i dont dismiss case law even from donald duck i just take it on its merits and make my own mind up from the quality and language involved

if its bunk i use my judgement
i dont want anyone to get false hope

but im gettin excited with the info so far

the universe will provide an answer
i cannot provide legal advice only links make your own opinion from the case law




posted on Aug, 6 2010 @ 06:28 AM
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Tennessee seams to have had a similar court ruling but as of yet i cant find the documents will be surching for documents to prove the state has set president seams cali judges have refered back to earlyer ruling in tennessee

Xploder



posted on Aug, 6 2010 @ 06:51 AM
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i have found references to the following states to add to the list

Massachusetts
Kansas
Arkansas
ohio
florida

external link very valuable to find fraud in morgages that may win a forclosure for you

4closurefraud.org...

oh my god this is the smoking gun mers documents and LARGE scale signature fraud on the internet and how to find your documents and show fraud from your pc



[edit on 6-8-2010 by XPLodER]

[edit on 6-8-2010 by XPLodER]



posted on Aug, 6 2010 @ 08:22 AM
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I have read a great deal about this and even know someone, firsthand, whose foreclosure was stopped by the court because the servicer could not provide the documents required by the court to prove that they had the statutory authority to foreclose. As a result, he has been living in the house for almost 18 months without paying a mortgage. In fact, he hasn't even received a single piece of mail regarding a mortgage. His attorney, while still working on straightening out the various filings, believes that this is because to do so would constitute fraud - ie: a bank cannot invoice you for debt that it is not legally entitled to.

I am not an attorney and this does not constitute legal advice, but it is my understanding, perhaps erroneously on my part, that in order for a municipality or county to levy property taxes, they are required to have a fully executable title and deed. In most cases the person living in the house holds deed. In most jurisdictions, possession is 9/10 of the law. Ergo, if there is no executable title the courts are required to provide remedy and ensure that there is matching deed and title. In many cases, you may be able to petition the court to have title assigned to YOU, the homeowner, free and clear of any encumbrance.

I am in the process of retaining an attorney to do a comprehensive records search on my property to determine the status of title. If it is determined that the title has been lost or assigned improperly, I am going to proactively challenge my loan servicer's authority to collect mortgage payment and petition the court to legally match title with deed. I will let you know how this goes.



posted on Aug, 6 2010 @ 09:33 AM
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I was interested to read the last post. I too was thinking of trying to investigate my paperwork on my home. I normally am late on the mortgage payment each month (by a week due to way paydays fall) and in the past the bank would freak out after about two days and start calling our house etc. Even though every month I would pay and it never went longer than maybe 10 days. It wasn't even late enough for their to be a fee for it, but they would still start calling. But the last 2 months they have not done their usual annoying reminders. I am wondering since the changeover from wachovia to wells fargo who has my deed. Its weird how they haven't contacted me with the friendly reminders etc as they have always done in the past??? So I should ask our attorney to research the deed to the home?? Then he will be able to let me know who owns the deed now??



posted on Aug, 6 2010 @ 10:45 AM
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The first question I have is when you purchased your home did you not buy Title Insurance?

Most lenders require title insurance. Therefore I would call the title insurance company that was involved with your home purchase. They are the ones that research the chain of title and what the various liens are associated with the property.

You don't need a lawyer to do that. Also, you should have a copy of your title insurance in your purchase documents, maybe start there first.

Title Insurance will show who or where the Deed and Note is filed.

Every state has different rules.



posted on Aug, 6 2010 @ 03:46 PM
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reply to post by tinkytink1207
 


please go to this external link
4closurefraud.org...

it teaches you how to look for fraud involving your morgage online
most documents are in fact either
incomplete
incorrectly notaryed
signed by the wrong person
or not in order
the post below is correct if they cant show both trust and deed is held by the same party then the morgage contract is considered void
ill put together a list of states that have enacted these court decitions

im not a lawer and this is not intended as legal advice as a lawer in your state should be consulted

up to 75% of all morgage documents in some states do not comply with the law and if pointed out by the resident to the bank

the bank would be commiting fraud again if they serve you any document invoice eviction notice ect after knowing the documents arnt in order

please follow the link in my next post for another avenue if all your documents are in order

XPLOder



posted on Aug, 6 2010 @ 04:00 PM
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external link
www.constitutionalconcepts.org...

this approach has legal basis and precident and proves that MOST banks claimes for loss are null and void as they artificially create the money out of thin air when you sign the morgage documents
so they suffer no acual loss other than the original interest which should have been paid off first and not compounded and paid off last

this is not intended as legal advice and for educational purposes only

best thing to do is to find fraud with the morgage then make the bank aware so they cannot proceed with harasment filings ect

XPLodER

special thanks to thov420 for the link to THE most important decition in morgage law untill now







[edit on 6-8-2010 by XPLodER]



posted on Aug, 6 2010 @ 04:06 PM
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reply to post by Julie Washington
 


even with tittle insurence the process of change of ownership can be fraudulent and seperated from the trust and title mers system and the paper work required in MOST cases is not complete or fraudulantly filled out and if the bank has never corrected the problem they have been comitting an on going crime

the MERS process is flawed and fraudulent

this is not intended as legal advice and a lawer from your country or state is required for legal opinion

this thread is for education of possable fraudulant behaviour of MERS banks and lawers

XPLOdER



posted on Aug, 6 2010 @ 04:12 PM
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Okay..Question here?? If you find that your mortgage is not filed correctly and bring this to the banks attention can the bank at that point go back and "correct" the errors? I guess I am asking are these items fixable errors that they can correct and then come after you and demand all payments due? I just see that the banks cover for each other to prevent losses so couldn't they just go back and redo such paperwork and hold the person liable? I know this may sound like a stupid question, but I admit my banking intelligence is lacking. It just seems that if its paperwork errors they would be able to correct it, or if they have sold the mortgage to Mers couldn't they just buy it back and the you are stuck paying the original bank again?? Thanks anyone who can answer!!



posted on Aug, 6 2010 @ 04:15 PM
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reply to post by XPLodER
 


a list of states that apper to have found in favour of americans over banks mers ect

California is following in the footsteps of Tennessee!!!!!
Akensaw
Massachusetts
Kansas
Arkansas
ohio

i can only confirm pdf documents from califonia and arkensas
and they are posted in this thread

the others require more resurch

XPLOder



posted on Aug, 6 2010 @ 04:39 PM
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The Florida Supreme Court has ruled that proof of ownership must accompany any new foreclosure filings.

Palm Beach Post

This is very real. Anyone who gets foreclosed on, that doesn't challenge on these points, is crazy in my opinion. If you hired legal counsel and they didn't fight the foreclosure on these points, then they are guilty of deriliction of duty and you should sue them. Sure there are moral qualms about taking these actions, but the reality is that the bankers have been using the laws to rob you of your money for centuries. You may as well use the law to give them the same treatment. Florida feels strng enough about it where they are even doing some of the work for you.



posted on Aug, 6 2010 @ 04:43 PM
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Originally posted by tinkytink1207
Okay..Question here?? If you find that your mortgage is not filed correctly and bring this to the banks attention can the bank at that point go back and "correct" the errors? I guess I am asking are these items fixable errors that they can correct and then come after you and demand all payments due? I just see that the banks cover for each other to prevent losses so couldn't they just go back and redo such paperwork and hold the person liable? I know this may sound like a stupid question, but I admit my banking intelligence is lacking. It just seems that if its paperwork errors they would be able to correct it, or if they have sold the mortgage to Mers couldn't they just buy it back and the you are stuck paying the original bank again?? Thanks anyone who can answer!!


I think that in your case, at the very least you can use it as leverage to modify your loan into something affordable. The fact remains that the loan is probably owned by many multiple parties who will never be able to get together to file a legal foreclosure action so the bank has no choice. get nothing or make it affordable.



posted on Aug, 6 2010 @ 04:43 PM
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duplicate post

[edit on 6-8-2010 by sligtlyskeptical]



posted on Aug, 6 2010 @ 05:02 PM
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reply to post by tinkytink1207
 


i cant answer your question legally but i can say the last poster is correct that if you do find fraud then you can take action to restart your morgage because the original morgage would be thrown out of court if the interested partys cannot be assembled and the documents corrected

thing is if they know (you have to prove this to them or a court)
then they would have no legal standing to collect money from a fraudulent contract

in fact even corrispondance would be considered ongoing fraud and is illegal as far as i can tell

my advice would be to find the fraud and approach a lawer as this isnt legal advice but a debate on case law and only a lawer can instruct you on how to handle this

educate yourself and demand your lawer takes action on your behalf in these matters

note
some of the MERS decitions are proof the system is fraud and you may end up owning your home as untill all partys and CORRECT paper work is found and brought to a notary for the seal and filing ..........................up to half of all filings include loss of tittle or deed meaning half should fail if the lawer argued correctly
but its up to you to get the right lawer or educate them

the website has a tutorial on what to look for and how to look up your documents online

please if you find irregularities seak legal advice as i cannot give you instructions legally

but if you do find fraud i dont see how the court can compell you to pay or leave

its the responceability of anyone reading this debate to learn the case law and apply it to there own circumstance as applicable

remember only bar certifyed lawers can give legal advice BUT you will have to know the system to compell them to act in your benifit in these matters as most lawers dont know or fail to bring these things to light

you are required to resuch and print off the case law and force your lawer to act in your best interest

95% of lawers will never tell you how to do this

its up to us to educate each other and demand fraud ends



[edit on 6-8-2010 by XPLodER]



posted on Aug, 6 2010 @ 05:17 PM
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I was listening to the radio today and they were saying that there is a rumor going around that Obama is going to forgive all the Fannie Mae and Freddie Mac mortgages that are in the rears, wipe them away clean. They said he was going to do this now in August in order to boost the chances for the Democrats in the upcoming elections.



posted on Aug, 6 2010 @ 05:36 PM
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reply to post by Iamherefornow
 


WOW here is a video teaching how to ask for the note required to forclose

freddy and fanny used the MERS process and obama is proberly going to do this because as news of the courts decitions will force them to do this anywhay lol

if the bank cannot produce the ORIGINAL note they cant do jack

www.consumerwarningnetwork.com...

this website should be seen by all people with a morgage

xploder



posted on Aug, 6 2010 @ 05:41 PM
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It was a rumor they said, I have not seen anything formally or heard anything as I said for sure.
I would not doubt it though another bailout in my opinion. What about all the rest of the people who hold regular bank mortgages that are behind on their mortgages?
To me that would be the last straw. If your going to do it do it for everyone, not just a select few.



posted on Aug, 6 2010 @ 05:41 PM
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Hmmmm, I am just wondering how far this could go, could it bleed over into renters? Say the renter asks for documents to prove the landlord has ownership of said land to warrant being Paid to let someone else use the property, well if that landowner hasn't got the correct paperwork nor the mortgage holder has, then can it not be said, that said tenant could claim ownership and stop paying rent and be safe from eviction? I mean if it 's a place where possession is nine/tenths than could this not be cited for renters? Just an Idea I got to toss into the air, but wonder is it valid? Talk about the American dream, this would certainly be worth looking into. Would it not? Even better for those renting from real estate agencies, this could be big if it could be cited for renters, proving fraudulent rent scams? Maybe??? Has there been any precedent for this? Could there even be if not presented yet in court? This is interesting I will have to look into this... hey there wasa squatter on ATS whom said he got his first home this way by squatting and got possession because his presence wasn't contested for the said amount of time, I wonder if he/she may know whether or not this may be made valid for renters as well. When they have proven nobody can produce said ownership papers...wow!!!!



posted on Aug, 6 2010 @ 05:42 PM
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reply to post by tinkytink1207
 


external linky
www.youtube.com...

this is a stratagy that is working more and more its on MSM news

lol $#@% the banks and money lenders



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