Fact: While it’s true that the federal reserve is involved with the banks and other lenders that the monies used by the banks and lenders comes from the FED at little or no interest.
The Mortgage Company committed the ultimate fraud against you because they loaned you nothing to payoff the imaginary balance, so in fact you borrowed debt, not even their own debt instruments. You were told that you owe them the unpaid balance of your home and that you must pay back with interest in monthly installments. Now at closing, the mortgage company had you sign a Promissory Note in which you promise/pledge your sweat, your equity, full faith and credit against the unpaid balance. Then without your knowledge the mortgage company sold your promissory note (which is your credit) to a warehouse institution. Did any of you ever give permission to the mortgage company to sell your credit? and if so, where is your cut of the Profits???
A Foreclosure under a deed of trust does not require supervision by a court, however, any party being a foreclosure action against home owner MUST have two document (a promissory note and a mortgage) or admissible evidence of its legal right to act with regard to these two documents and it must produce them all in court to show it has the proper standing to foreclose. A party in possession of a promissory note, the note is not cash, because the note can be sold and is a negotiable instruments.
Now, a party that brought the note has the right of a holder in due course and can only sue the borrower to collect any amount due on the promissory note, if the borrower fails to keep the promise stated in the promissory note, the party in possession of the promissory note cannot foreclosure. In order to foreclosure the party MUST also have the mortgage that does secured the borrower promise to pay.
Deed of trust and Mortgage, title insurance/county recorded
Deed of trust means the lender holds the debtor title as collateral thru third party (trustee), even in non judicial states lenders must file a lawsuit if the paper trail documents is not perfected and in most cases the bank often either sold, negotiate the sale of the promissory note for for cash or assigned to other parties by agreement (what is that agreement?).
Litigation guaranties, dated down, post transaction title report are few terms most is unaware of doing foreclosure proceedings and their significance.
Technically, in most cases the banks/financial institutions do not have proper standing to foreclose and the courts has gone along with these shenanigans. Sadly judges in most cases favor the plaintiffs in foreclosure cases with out looking closely at the evidence to ensure its admissible in court, according to rule of evidence resulting in harmful material error that can be over turned in appeals court.
A Copy of a promissory note is not a promissory note no more then a copy of a twenty dollar bill is a twenty dollar bill. Question: can you spend a copy of a twenty dollar bill or deposit a copy of a twenty dollar bill into any bank account????? We have new tools to defend against these aggressive foreclosures. To learn more call and schedule your appointment today. Question: Attorney Generals claimed to had filed foreclosure law suits nationwide on the behalf of homeowners where is the monies??
Dr. Debra Jones J.D., 323.642.8277