Showing posts with label deed of trust. Show all posts
Showing posts with label deed of trust. Show all posts

Sunday, September 19, 2010

I have a dream - that someday all foreclosure will be reversed

Okay, the title got you right?   Well that dream is true and I am working hard with others to make it a reality! There so many people from the "Show me the Loan" group,  the auditors, lawyers, bankruptcy help group and other groups -   fighting  the rampant fraud across America. .  Hopefully by having up to date news, support groups, information share and referrals to expert help that "gets it" - we will be one step closer to reversal of all mortgage fraud and wrongful foreclosures. 

I have a twitwall and it is very useful for some things.  IN it I can promote articles that you all like and that are helpful to others.  I can track responses and group topics. 

This week I noticed that the articles I thought would be the most popular such as "Donald Trump and The Apprentice Talk Recession" or "Real Housewives Talk Foreclosure" - well those were not the most popular topics.  I put together a report gathered from stats on the blog and on shortening links as well as responses from twitter.  To me it was very surprising.   People are hungry for news. Especially if that news is affecting their personal live right now. 

Here are the 5 most visited blogposts by page view -  visited this last week!  They were not necessarily the ones that earned the most money, but apparently they were the most useful to people. 






Sep 16, 2010

Sep 14, 2010

Sep 12, 2010

Sep 16, 2010



WHAT topics do you want to see on the blog?  What will help you with talking to the neighbors or fighting your case?I have articles ranging for what to do in court, how to prepare for foreclosure to updates on our personal fight as well as news.   What do you want to see covered?  

Thursday, September 16, 2010

Voided Deed of Trust: Cow and Tail - Moo!

sxc.hu


Whats does a Cow and Tail have to do with foreclosures, evictions and you?   Simple question, and the answer  is quite simple; although, getting a judge to hear it will depend on your learning how to get heard.  For that you might want to check out Jurisdictionary.  Join support groups, or  hire an attorney that knows how to defend foreclosure.  If you need recommendations check out referral page or leave a comment.

The following information should help understand why most foreclosures were wrongfully conducted and you KNOW that Banks know this information.


For now let's try to make it simple; if you want more depth, this should give you enough to either understand your attorney or start searching for more info to build your case pro se.
 A Deed of Trust and a Promissory Note are two separate instruments . They are supposed to  remain together and never be separated.  The Deed of Trust references the Promissory Note. Once separated or bifurcated  the Deed of Trust becomes dead. 

 The visual of  this concept is a cow and a tail.  You think I'm whacked?   Check it out.  This is almost as good as the story of  writing a check on a pig and presenting it in court as legal tender. 

The Court finds the following analogy provided by the late Professor Chester Smith of the University of Arizona College of Law to be particularly apt – “The note is the cow and the mortgage the tail. The cow can survive without the tail, but the tail cannot survive without the cow.” Restatement (Third) of Property, Mortgages § 5.4, Reporters’ Notes (quoting Best Fertilizers of Arizona, Inc. v. Burns, 571 P.2d 675, 676 (Ariz. Ct. App. 1977) .
or here:  

           

 STATE OF VERMONT   

finds

  

Mortgage Deed dated September 18, 2006, from Tom Perkins to Mortgage Electronic ... This is because, "[w]here a promissory note is secured by a mortgage, ... to be particularly apt - "The note is the cow and the mortgage the tail...



Earlier this year this principle was explained  by John Stuart as a Dog and Tail - which nowadays is much more understandable to people. John Stuart has helped may people learn about the principles of law and shares knowledge at local support meetings, mock courts and even seminars. Together the pro se groups have been learning and applying legal doctrines and theories.  We are starting to see things happen in Arizona both on the pro se and on the attorney representative cases.  I recently posted of some attorney wins

Last night at the seminar hosted by our FAVORITE auditor JD and lawyer friends Kyle and Doug we were reminded of this principle by Doug. Doug is a lawyer who was interviewed and featured on the news.  You can see his interview in my previous blogpost:   Local News Endorses Self Defense . 

Next month we will be having a seminar on the West side of the Valley (Phoenix) so watch for upcoming details.

Sunday, September 12, 2010

Deeds of Trust -Invalid without Seal?

NOTE:: If you need foreclosure fighting options, there is a FREE SEMINAR Sept 15 in Scottsdale. RSVP by email to:  nlss.audits@gmail.com



Today, we were amazed as we learned about the newest theories in Mortgage Fraud. Today's theory is explained further down this post and the idea is that  that ALL Deeds of Trust (DOT's)  in the USA are invalid due to the absence of the maker/signor's seal.

Some of John Stuart's  recent theories have been substantiated by some attorneys and experts in banking; theories include:  did  you ever receive a loan,  is your promissory note  monetized; is the note invalid by being turned into a check with the stamp: "without recourse",  does your Deed of Trust contain proper signature date or notary fraud.  What we do know for sure is that  YOUR promissory note was securitized and sold for millions of dollars that you did not receive; which is part of the reason you cannot get your note back, because of this fraud. The Deed of Trust when separated from the Promissory Note is dead in the water and invalid.

We have seen,  in one court case, four "original" notes being presented to the judge as evidence of a loan.  Since the Deed of Trust would not be referring to FOUR "originals" it is invalid.  Will the Court state that? It remains to be seen. They did confiscate the note and turned it in for investigation. Will this be available for public record - I don't know, but you should keep a close eye on all the cases you can.

The fraud is rampant and it is up to you to prove it.  Many of the blogs to the right will explain various types of problems with notes and loans.Recently John Stuart pointed out notary fraud as well as document fraud in the filing of foreclosure documents.  Two weeks ago he pointed out how in Arizona,  for instance,  deeds of trust often have wording that indicates the document is to be signed and dated on the same day; and yet, notary seals are applied several days later.

BACK to our ORIGINAL topic: SEALS 
CHILDERICI_REGIS creative commons


Today, John Stuart was sharing his theory that all deeds of trust currently are invalid because they do not have your signature seal.  To understand why, you may need to Google search the word SEALS and see how, until recently, they were a part of your signature. Signed, Sealed and Delivered.  Right now, for the last 70 years we have only Signed and Delivered, but have not Sealed our signatures.

Does anyone think this will change anything?  Probably not, as lack of seals on signatures has been UNCONTESTED for over 70 years.  My experts agree with this  theory, but say its just not going to fly.  If you can figure out how to make this work for you, more power to you.  With the new age of digital seals, people may be back into understanding and designing their own signature seals.    Finding information is difficult but you can learn about it with a little effort. Wilkepedia does not go into depth but does touch on it.  I may order a signet ring similar to what is in the picture,  just in case!

I will be checking this all out, because wild or not John has been right on the money for his other theories. Until then,  I  thought you'd like this history lesson.

NOTE: If you need foreclosure fighting options, there is a FREE SEMINAR Sept 15 in Scottsdale. RSVP by email to:  nlss.audits@gmail.com
 Speakers include auditors, lawyers and special free consultations appointments can be made at that time. 

Thursday, June 10, 2010

How to Document Fraudulent recorded paperwork

Please retweet this blogpost if you find it helpful in learning about government mortgage homeownership and bank loan modifications

Just a simple video today that I nabbed from Matt Weidner's blog. You can learn a lot from the blogs I am following (see left column). But this piece of information was priceless. AFter the video are a couple of articles on making extra money, check them out, it helps my extra income efforts!





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