Sick Of Paying Your Mortgage? You May Not Have To Pay!

Originally posted by Use your brain
Just wanted to reaffirm what others have added to this thread: Do not stop paying your mortgage. As others have pointed out, just because the note is not immediately on-hand, it will be. Even if it takes months, all that non-payment will come back to haunt you. You will be called on to pay your dues once the note is obtained, and if you don't have the money on-hand immediately to pay, your credit will be slammed and your house may be foreclosed on. While I support average joe on main street, I do not want to come ATS one day and see a thread about someone being foreclosed on because they thought this would pan out. Use discernment my friends, this is a costly and dangerous game, especially for those with a family to support.

Yeah, instead of stopping your mortgage payments, you should check to see if your bank can produce the note to your mortgage.

If it can't, then you should sue them in court to have the debt discharged.

reply to post by OutKast Searcher
It's a matter of honor and dishonor.

It's a matter of honor and dishonor.

It's a matter of honor and dishonor.

It's a matter of honor and dishonor.

If they cannot immediately produce the note in defense of their case,they are in dishonor,and the one who is dishonored wins the case.

They do not have forever to produce the note.

If they cannot produce it within a certain time limit,they lose.

All i see here is a bunch of kids that are scared to grow up.

MOTF!

Regarding the judgement "wiping out the mortgage" of the guy who's bank couldn't produce the note.

You can guarantee that when they DO produce the note, they will appeal.

They will also likely tell the guy that since the mortgage is no longer valid (as per the Judge) the ENTIRE note is now due immediately, rather than spread out over 20 or 30 years. If he wants to renegotiate terms, you can bet your bottom dollar that they won't give him prime rate, even if his credit is excellent. They'll give him the highest rate of interest on the new loan that they can get away with.

The homeowner may be celebrating now, but guess who will win this one in the end?

Originally posted by chiponbothshoulders
reply to post by OutKast Searcher

 

It's a matter of honor and dishonor.

It's a matter of honor and dishonor.

It's a matter of honor and dishonor.

It's a matter of honor and dishonor.

If they cannot immediately produce the note in defense of their case,they are in dishonor,and the one who is dishonored wins the case.

They do not have forever to produce the note.

If they cannot produce it within a certain time limit,they lose.

Actually, you got it backwards. The BORROWER borrowed money "on their honor" that they will pay the money back, and the bank lent it to them on their word and the collaterol of their house.

The bank was honorable in making the loan.

The BORROWER is in dishonor by not repaying the mortgage, lent to them in good faith by the bank. The Bank is holding up "their honor" by foreclosing on the home, which is what they told the borrower would happen if the loan wasn't repaid, as until the loan is repaid, the bank owns the home as collaterol.

Simple financing economics 101.

Originally posted by babybunnies
Regarding the judgement "wiping out the mortgage" of the guy who's bank couldn't produce the note.

You can guarantee that when they DO produce the note, they will appeal.

They will also likely tell the guy that since the mortgage is no longer valid (as per the Judge) the ENTIRE note is now due immediately, rather than spread out over 20 or 30 years. If he wants to renegotiate terms, you can bet your bottom dollar that they won't give him prime rate, even if his credit is excellent. They'll give him the highest rate of interest on the new loan that they can get away with.

The homeowner may be celebrating now, but guess who will win this one in the end?

Once the debt is discharged and a quiet title has been filed, the bank is barred from suing.

That's what the quiet title does - it bars the bank from suing again.

Originally posted by mnemeth1

Originally posted by babybunnies
Regarding the judgement "wiping out the mortgage" of the guy who's bank couldn't produce the note.

You can guarantee that when they DO produce the note, they will appeal.

They will also likely tell the guy that since the mortgage is no longer valid (as per the Judge) the ENTIRE note is now due immediately, rather than spread out over 20 or 30 years. If he wants to renegotiate terms, you can bet your bottom dollar that they won't give him prime rate, even if his credit is excellent. They'll give him the highest rate of interest on the new loan that they can get away with.

The homeowner may be celebrating now, but guess who will win this one in the end?

Once the debt is discharged and a quit claim has been filed, the bank is barred from suing.

That's what the quit claim does - it bars the bank from suing again.

If you truly believe that this course of action will get you out of paying your mortgage, then pursue it.

I won't shed any tears when you lose your home.

If the Government and/or courts decides that no one has to repay their mortgage if the banks can't find the note, the court system will be flooded with lawsuits. Once the banks realize that they won't be getting their outstanding mortgages repaid, they won't lend ANYONE money regardless of credit score or circumstances.

The economy will collapse overnight, and you're "free" home will become worthless. Enjoy.

reply to post by mnemeth1


You honestly believe they don't have the documents Interesting.

Like I said, those dishonest enough to go this route will cause the recovery to be delayed and I have no doubt their are plenty of lowlifes so dishonest they will take advantage. The documents do exist, don't fool yourself. Rationalizing dishonest behavior does not change anything.

Originally posted by Blaine91555
reply to post by mnemeth1

 

You honestly believe they don't have the documents

Interesting.

Like I said, those dishonest enough to go this route will cause the recovery to be delayed and I have no doubt their are plenty of lowlifes so dishonest they will take advantage. The documents do exist, don't fool yourself. Rationalizing dishonest behavior does not change anything.

Its not a matter of what I believe, it is a matter of what the banks can prove.

If they can not demonstrate that they hold the note, then the judge is obligated to discharge the debt.

This is cut and dry.

No "beliefs" are required.

reply to post by mnemeth1


star and flag op

A void judgment is a nullity, a brutum fulmen… and is subject to collateral attack and may be stricken at any time. The passage of time cannot make valid that which has always been void.

Ramagli Realty v. Craver, 121 So. 2d. 648

fraud has to be punished or it will continue

xploder

I first heard about this around two years ago, Iwouldn't get your hopes up.

One important item of note, if you do ask for the note and the bank can't produce it - the mortgage can now be considered in dispute.

Considered is the key word. It dosn't mean they can never take away your home and hence you can default. It just means it will be harder for them to do so.

Not only that, but do people honestly think that because a website is going to go 'viral' that everyone can walk away from their mortgages!? The world would be plunged into histeria, hence forth it will never happen... unless they plan for it to.

Mortgage literally translates as 'Debt' for 'Life'. Life aint that easy folks, you will ALWAYS have to pay for the things you should have for free.

reply to post by mnemeth1


i have posted lots of threads that contain all the information you seek
court decitions
vids on wins
implications
how the fraud works

www.abovetopsecret.com...

www.abovetopsecret.com...

the path is set the only way out is to follow the letter of the law MERS brakes chain of tittle and cant foreclose the owner gets tittle and no morgage whos fault is it that MERS was set up?

the only way anybody learns a lesson from all this is to penalize those at fault

the borrower and the lender perpatrate fraud
MERS perpatrates fraud
the bank on sells the morgage without telling the borrower causeing fraud
the courts cant prosicute everyone so the inforce the law to the letter
no foreclosure on a fraudulent morgage

when everyone ownes their holmes they can be re morgaged
more money for consumers to spend

america is people in homes
america cant work with millions on the street and empty houses

how does it help banks if foreclosing lowers the value of the house and they cant sell it anywhay

xploder

reply to post by mnemeth1


While I'm not here to debunk anything, I stand by my advice to use heavy discernment. IF someone wants to try the system, they should go through the courts, as you mentioned. IF the court rules that you are free and clear, then of course it is safe to go about withholding payment. I just wanted to make sure people realize that they shouldn't just stop paying mortgage on their own understanding of the system.

To all of the people saying "if they can not produce the note..."

Please research the Statute of Limitations pertaining to Contract Law, in whatever State the contract was signed in.

It will tell you how long they have to produce the document before rendering the contract void.

Edit to add:

Here is a source with the list of Limitations.

Source

And please remember that you (the borrower) are in debted to them (the note holder).

Also, in some states, by making the initial payment on the debt you have voided and limitations.

reply to post by OutKast Searcher

I'm done trying to talk sense.
If you guys think you have found some golden loophole...go ahead and proceed.
When you lose your house...please come back to this thread to admit you were wrong.

Here is the REAL Loophole but bank owned Judges plugged it. The bankers Own the country. They Own the WORLD and they OWN us so do not ever expect to win. And those they do not OWN they KILL as shown below.

Testimony by Mr. Morgan, the bank's president,First National Bank of Montgomery vs. Daly (1969) Plaintiff admitted that it, in combination with the Federal Reserve Bank of Minneapolis, . . .

did create the entire $14,000.00 in money and credit upon its own books by bookkeeping entry. That this was the consideration used to support the Note dated May 8, 1964 and the Mortgage of the same date. The money and credit first came into existence when they created it. Mr. Morgan admitted that no United States Law or Statute existed which gave him the right to do this. A lawful consideration must exist and be tendered to support the Note.

The court rejected the bank's claim for foreclosure, and the defendant kept his house. To Daly, the implications were enormous. If bankers were indeed extending credit without consideration – without backing their loans with money they actually had in their vaults and were entitled to lend – a decision declaring their loans void could topple the power base of the world. He wrote in a local news article:

This decision, which is legally sound, has the effect of declaring all private mortgages on real and personal property, and all U.S. and State bonds held by the Federal Reserve, National and State banks to be null and void. This amounts to an emancipation of this Nation from personal, national and state debt purportedly owed to this banking system. Every American owes it to himself . . . to study this decision very carefully . . . for upon it hangs the question of freedom or slavery.

.....Justice Mahoney, who was not dependent on campaign financing or hamstrung by precedent, went so far as to threaten to prosecute and expose the bank. He died less than six months after the trial, in a mysterious accident that appeared to involve poisoning. Since that time, a number of defendants have attempted to avoid loan defaults using the defense Daly raised; but they have met with only limited success.

As one judge said off the record:

If I let you do that – you and everyone else – it would bring the whole system down. . . . I cannot let you go behind the bar of the bank. . . . We are not going behind that curtain!
www.webofdebt.com...

The Web of Debt site is written by a lawyer Ellen Brown, J .D. I strongly suggest you take the time to read what she has written.

YES! I have been trying to spread this information for almost a year and a half, maybe two? This is groundbreaking if people are starting to wake up to Legal Tender and the Bank Acts.

I have a large amount of information and links that I am willing to share on these concepts, should anyone be interested - PM me.

reply to post by babybunnies


when someone appeals a case
the appeal is against the structure of the original lawsuit

not against the judgment

for an appeals court to overturn a verdict
then something had to go wrong with the actual structure of the prosecution of the case

simply because the bank finds the note does not guarantee that they will win an appeal
against a judgment

it is possible that they could win an appeal but i would not go as far as to say that it is probable

reply to post by carlitomoore
Consideration is being presented with something of value in a trade for another thing of value.

When you take out a mortgage,your house is used as consideration.

It is coming to light,finally,that people are being sold something and paying consideration toward it's ownership,without EVER really being able to own that which they are paying for.

The problem runs much deeper than the banking system.

I look forward to the implosion,I don't own anything anyone else holds an interest in.

Except my body.

But wait..............

Originally posted by OutKast Searcher
reply to post by mnemeth1

 

Responsibility people...stop looking for a free ride and just be responsible.

This advice would be better aimed at those running the banks.Surely if they can renege on their obligations, we can't criticise mortgage holders for doing likewise, particularly if they might have a perfectly legal reason to do so

Originally posted by mnemeth1

Originally posted by OutKast Searcher
I don't know why anyone would...but just in case...PLEASE people...DON'T listen to the OP.

Because once they find the original note...you will be defaulted...and trust me...they WILL find the note. They may not have it on hand to show you right away...but please please please don't think that means you don't have to pay your mortgage.


OP...you are dangerous...because you spread misinformation.

I don't see any "danger" in not paying.

As I just posted, worst case scenario is they dig up the note - which is highly unlikely if they don't have it to begin with - and foreclose on you.

you make it sound like its not that big of a deal to lose your home, and irreversibly ruin your credit.

Do you pay a mortgage payment yourself? No offense, but this type of mentality towards paying bills just screams immaturity and irresponsibility. Maybe if you make it out of your parents house you will understand.....