Archive for Uncategorized

Judicial and Gubernatorial Misconduct & Incompetence

During my pretrial/status hearing at the Springvale District Court, while addressing my motion for entry of default, the plaintiff’s (US Bank National Association) lawyer admitted in open court to the judge that they indeed had not answered my counterclaim. They admitted to being in default! And guess what? My motion for entry of default was denied by Judge Cantara! Instead, he scheduled it for a jury trial in Superior Court. Fact is, not only have they not proven standing yet, but THEY ARE IN DEFAULT!! Case should be over!!!

So, I filed a motion for reconsideration and objection to this error (along with a couple more errors) of procedural due process. I called the court today and was told that the judge wrote that there will be a hearing sometime in August to address my motion & objections. Not only for this error, but also for the fact that my motion for a show cause hearing was granted, but only as a meeting between me & the bank so I can inspect their “original” documents on July 18th. Now, the last I checked, a meeting in a conference room with no judge or recording is NOT a hearing! I wanted it before a judge, in a courtroom and under oath…now THAT IS a hearing! Besides that, the fact is, July 18th is BEFORE August, so how can we address this issue once it’s already over? And guess who decided this reconsideration hearing to be held in August? That’s right, Judge Cantara! How can he possibly deal with my motion for reconsideration of HIS court rulings? Isn’t this a conflict of interest, bias & prejudice?

So, I called Governor LePage’s office and spoke with Pat Condon. Told her about this and was told that the Governor can’t get involved because it has to do with the judicial branch. She gave me the number to the committee on judicial responsibilities and disabilities.  As I wrote in my article Maine Judges Blantanly Disregards the Rule of Law, this committee needs reconstructing by Governor LePage as it is made up of other judges (sometimes even the ones you are reporting!) and lawyers who in no way are going to remove any judge for misconduct or incompetence. Now, the Governor ran on the fact that he was a CONSTITUTIONAL believer & follower and would serve as a CONSTITUTIONAL governor. This means that he not only needs to go by the constitution, but know his rights & duties under the constitution. He should KNOW what the constitution states. Maine Constitution, Section 12. Shall enforce the laws. “The Governor shall take care that the laws be faithfully executed”. This means that he SHALL make sure that the laws of this state are followed… by EVERYBODY! Nowhere does it state, “except for judges, as they are in the judicial branch” or, “except for senators as they are in the legislative branch”…. etc. The governor oversees EVERYONE, as he is the top law enforcement officer of our great state. So, Governor LePage, do your duty! Granted, I talked with Ms. Condon and not you. But, if I can’t get past her, to tell you that someone is not following the law and that you need to enforce that they do, how can you do your job? How can I let you know that someone is breaking the law? The gate-keepers are keeping me away from you! You need to listen to we, the people and show us that “running on the constitution” to get elected just wasn’t a ploy to get us to elect you and that you are indeed.. A GOVERNOR OF THE PEOPLE!
Otherwise, you lied and are just as incompetent as most of the judges here in Maine and should be removed for misconduct/malfeasance in office and incompetency.

Maine Judges Blatantly Disregard the Rule of Law

In 2009, a bank, US Bank National Association filed a foreclosure suit against me in the Springvale District Court in Maine. I never heard of them until this filing. My mortgage company was Countrywide. I thought Countrywide was foreclosing until I got served. I was very confused because Countrywide was telling me that they were foreclosing, Bank of America said they were, and now a 3rd bank was too. So, I decided to do some investigation.

I found that all 3 are using duplicates of my original loan note and all 3 say that they are the holder of my note. But wait…. My note was sold to a REMIC Trust fund in 2006 and sold as stock! And a note can only be a loan, or a stock, but not both at the same time. Once converted to stock, it can’t be reverted back to a loan. The original note is destroyed, thus separating it from the Deed of Trust. In doing so, it breaks the chain of title as only the ORIGINAL note is stamped with the assignments to whom it is sold and invalidates the note.

I was VERY angry as I further investigated the frauds & crimes that has occurred with my mortgage note and wrote a counterclaim against US Bank NA. SEE MY COUNTERCLAIM HERE. By Maine’s Civil Rules of Procedure, when a counterclaim is filed in a case, the other party has 21 days to answer the facts of it. If they do not answer then their silence is equated to them being in agreement of them. And, since they have not answered in a timely manner, then they are in default and have waived their right to object to the counterclaim.

Now, anyone who has been involved in a case or even watched any court show on TV knows that if you don’t answer in a timely manner to motions filed in the case, and a motion is filed for a default judgment, then the other side wins unless an extremely good reason can be provided to the court as to why there was no response.

I filed an entry of default and asked the Springvale court to follow the rule of law & civil rules of procedure and find US Bank NA in default and give me a summary judgment as asked in my counterclaim. Now, I asked for a Show Cause hearing and asked the court to compel the bank to provide the original note & deed of trust back in November of 2010. The court NEVER acted upon these motions. But TWO days AFTER I filed my counterclaim, the court scheduled a PRETRIAL/STATUS hearing for June 20, 2011! US Bank NA’s lawyers filed a motion to be allowed to appear at this hearing via telephone (to which I objected saying I had the right to face my accuser and examine their documents in person). The judge granted them their request. I filed an objection and requested that the court vacate this decision due to the fact that this hearing is now a moot point as the bank is in default and grant me the relief sought for in my counterclaim. The judge told the clerk to resend the notice of the hearing to me with these words added: all pending motions will be heard at the hearing! Now, if this was the other way around, you can bet the farm that the judge would be finding in favor of the bank’s default request and I’d be S.O.L.!

Why is it that when the big banks & lawyers ask for things, the judges answer and grant their motions or follow the rule of law and find in their favor for default, but when us regular people file motions or prove default, the judge ignores us? Quite a double standard here! Here, in my case, we can save tax payers money, court time & expense of having a hearing if only the judge would FOLLOW THE RULE OF LAW and address my entry of default! It is extremely clear that the bank never answered in a timely manner. The rules & law are very clear as to the action to be taken by the court. Yet, this court BLATANTLY ignores them by refusing to address the default and insists that the hearing takes place! UNBELIEVABLE! No wonder the banks are getting away with stealing peoples homes, the judges are in bed with them! And you can’t even report them to the judiciary review committee. Why? Because this committee is made up of….OTHER JUDGES! To include the very judges you may be reporting! Think they are going to reprimand themselves or their brother/sister judges, hmmmm??? What a racket they have going here!

Now here in Maine, the governor appoints the members of this committee. I’m asking Governor LePage to PLEASE, restructure this committee so that the foxes aren’t guarding the hen house and put people, other then judges or lawyers, on this committee to be a watchdog against abuse so that the people of Maine can have proper redress against judicial misconduct, ineptness and downright fraud and breaking the law. Only until this happens can the people of Maine TRULY HAVE JUSTICE!!

Second Amendment in Jeopardy? Martial Law?

Don’t think so? Think some are being alarmists and doom sayers? Well then, read the following I got in an email from Solutions From Science. It just may change your way of thinking!

I don’t consider myself a conspiracy theorist. In fact, I’ve always tried not to make more out of things than they appear on the surface. Most of the time life just is, and mankind doesn’t seem intelligent enough to conspire in such convoluted ways as some folks would like to postulate. The elite like to think they’re of a class of their own, but in all reality, they’re so puffed up with themselves and pride that they are of no earthly good. They have the wherewithal to make mischief … and a lot of it. But I’ve never thought that they were as far-sighted with their planning as some would have us believe. Greed and the desire for raw power doesn’t utilize strategic planning or patience very well.

However, it doesn’t mean that leaders or those in power can’t look back on past actions by previous administrations and decide to take advantage of laws, treaties, partnerships, agreements, or executive orders passed.

For instance, through the Security and Prosperity Partnership, the nations of Mexico, Canada, and the United States have “volunteered” their military forces in the event of a national emergency in any of the three countries. Mind you, this is not a formal treaty. It has no congressional oversight, and Congress has never authorized it. No, the SPP is a “dialogue” between the three countries. (Now what a “dialogue” is and how it’s different from a formal treaty is obviously above my paygrade, because this thing looks like a treaty to me…)

And it wouldn’t take something like a civil war to call on these other nations for assistance. No, now, through executive orders, the president has the authority to declare a national emergency if, for instance, he feels the Internet is being compromised. (And that’s just one scenario.) Of course the definition of “compromised” is left up to those in power, so by definition “compromised” means whatever they want it to mean.

Now, take that a step further. The president has just used his authority to activate an Internet “kill” switch. Millions of people are instantly out of work. People are getting angry, and they want some answers. Without the Internet, computers, supply systems, transportation systems–everything is useless. People are tired of being manipulated by their government, and they’re not taking it anymore. That’s when the president calls upon that “dialogue” his predecessor had with Mexico and Canada,

and before you know it, you’ve got foreign troops enforcing martial law in your city.

It doesn’t even have to be an Internet kill switch scenario. How about mass panic because of a perceived “pandemic?” (Can anyone say H1N1?) How about any number of things? The president has the power, because of the actions of previous administrations, to define what “is” is … and there is not one blessed thing Congress can do about it for six months. That’s right–they can’t even contest it to the judicial branch.

This whole thing sounds a little far-fetched, doesn’t it? Well, how about this from the Daily Paul Liberty Forum from 2008?
On February 14, at the U.S. Army North headquarters, Fort Sam Houston, Texas, U.S. Air Force Gen. Gene Renuart, commander of North American Aerospace Defense Command and U.S. Northern Command, and Canadian Air Force Lt.-Gen. Marc Dumais, commander of Canada Command, signed “a Civil Assistance Plan that allows the military from one nation to support the armed forces of the other nation during a civil emergency,” according to the USNORTHCOM website. Billed as a “bilateral military plan” to align U.S. and Canadian “national military plans to respond quickly to … requests for military support of civil authorities,” the plan represents nothing short of a merging of national military infrastructures under the aegis of the North American Union.

And now the Obama administration is trying to play fast and loose with the Second Amendment.

According to the Huffington Post (hardly a bastion of conservative thought):
The Department of Justice held the first in what is expected to be a series of meetings on Tuesday afternoon with a group of stakeholders in the ongoing gun-policy debates….officials said part of the discussion was expected to center around the White House’s options for shaping policy on its own or through its adjoining agencies and departments….Administration officials said talk of executive orders or agency action are among a host of options that President Barack Obama and his advisers are considering.

There you have it. The president is actively seeking to “affect” your second amendment rights without congressional involvement at all. He intends to take any tack he can that doesn’t include the Congress or the American people. He honestly feels he can rule by fiat. His disdain for the Constitution is amazing.

Guns are for more than self-protection. Guns also allow us to hunt and feed ourselves if we so choose. That the United States government would feel that we should not be allowed that constitutional right is mind-boggling. And when honest citizens no longer have access to weapons, that means the criminal element will be free to prey on whomever they choose.

You can reach Solutions From Science at:

Solutions From Science
815 W. Main St.
P.O. Box 518
Thomson, IL 61285
Email us at info@solutionsfromscience.com

Call Your AG TODAY!

Today, March 29, we have the opportunity of a lifetime to save millions from losing their homes and hold accountable the big banks that caused this crisis.

Right now, the 50 state Attorneys General are in critical negotiations with the big banks. The outcome of these negotiations could mean the difference between millions of struggling homeowners finally getting the help they need from their lenders, or the big banks continuing with business as usual, foreclosing on families needlessly.

Bank of America, Wells Fargo, JPMorgan Chase, and other big banks could easily walk away scott-free, if thousands of us don’t call our Attorneys General tomorrow.

5 reasons to call your Attorney General today:
1. The 50 state AG’s are starting negotiations with the big banks to hammer out settlement details NOW.
2. A settlement decision could be made as early as May!
3. The big banks are going to do everything they can to weaken any settlement that holds them accountable. (They are already crying foul against the first soft settlement proposed by the 50-state Attorneys General in early March.)
4. A strong settlement means that millions of homeowners who are the victims of fraudulent mortgages could stay in their homes, while millions more could receive restitution.
5. A weak settlement means that those responsible for perpetrating massive mortgage fraud would continue to get away with their crimes.

The time is now to collectively fight back. We can work together to demand that the big banks are held accountable for their crimes.

Your Attorney General needs to make a choice – either side with YOU and be a hero to homeowners and communities by going toe-to-toe with the big banks, OR side with the big banks and let them continue to devastate our communities.

It’s time to demand that our Attorneys General deliver nothing less than a strong settlement against the big banks. Get ready to make the call!
Maine AG – William Schneider (207) 626-8800

Thanks for all that you do,

PICO National Network
Alliance for a Just Society
National People’s Action
IAF Southeast
Alliance of Californians for Community Empowerment

The Rise of FEMA – Full Length

Have you ever….
Wondered WHY the bailout happened for the banks?
Wondered WHY sometimes it seems that the Congress is nothing more than “puppets on strings” for the President?
Wondered why our government is just a stage of players and actors who seem to be answering to others beyond and instead of to us, the American people?
Then you need to watch the following video.

Global Currency Restructuring is Happening Now

“A huge Operation has gone on right before your eyes, and Americans did not see it. Changing in a way never seen before. The charade is being disrobed.”

FORWARDED for Education, Edification, and Information only
Not spam – contact: becworks@gmail.com

Disclaimer: These notes are not intended to be used as accurate transmission of the GET Telephone Conference and Guest Speaker “Contact 2”. The notes are only shared for the sakes of those who do not have the time to listen to the video . . although, the video is highly recommended.

Reporting:
R.E. Sutherland, M.Ed./sciences
Freelance Investigative Reporter

Video of a G.E.T. Phone conference with “Contact 2″ who is a former intelligence Air Force officer. Takes 2 hours.

NOTES – (DRAFT ONLY)

1. Disclosure is given about the global currency shift that is happening today . . NOW . . and we don’t see it. We are not being told what is happening.

FACT: The Chinese took away the processing authority of delivering the Global Settlements and the Prosperity Packages , and are making the deliveries at this time. Americans were dragging their feet on the promised deliveries, and the Chinese did not put up with it.

There was an Emergency Meeting over the weekend with the Secretary of the Treasury in Washington on Saturday and Sunday.

A meeting with the Chinese Dragons and the Pentagon occurred this weekend.

Monday, today, Secretary of State Hillary Clinton recalled all of the US Ambassadors and Consulates for a 2 Day Meeting in Washington, DC. The reason for the meeting was to prevent interference on other levels as they continue this process.

Once the Program Packages and Global Settlements are delivered, there will be a new currency distributed with new treasury dollars.

The Iraqi DINAR will be devalued

There will be a new level global playing field with the new currency.

The sequential events will happen very quickly; all of this should be over by Wednesday.

The Chinese New Year is on Thursday, and they want it done by then.

By next Monday, there should be a new banking system.

The Iraqi DINAR will be used for oil purchases – globally.
the Chinese Yuan will be used for exchanges.

Currencies are recognized as sovereign-based, and will be continued .. just reformed.

Q&A — BRIEF EXCERPTS OF ANSWERS ONLY (Go to the video for the details)

1. By revaluating the DINAR, the price of USA gasoline will rise to the same as other nations. It has been artificially and fraudulently suppressed.

2. The Federal Reserve has kept the USA in a perpetual state of DEBT and used the Americans as the slaves to pay it. This is going to end. The transition to new POSITIVE valued currencies will be based in Gold, Silver or Oil.

3. The Federal Reserve is fighting this global action. The Chinese circumvented it.China is dismantling the OPEC Cartel, that was created by the Rockefeller elitists.

4. The situation in Greece is different. People were burning the banks that were under Rockefellers. At this time, Spain and Portugal will be okay.

5. The elitists all over the globe are going down.

6. At the end of WW-II, there were 152,000 NAZI iffucers infiltrated into the US Intelligence community, and they began rebuilding the regime in the USA. The American CIA was patterned after the SS.

7. The National Security Act with its Black Projects forced Americans to sign away their rights in the name of national security.

8. The NAZI plan for seizing power was disclosed by a Professor in his Ph.D. Thesis, which was later a book entitled, How the Nazi’s Seized Power.

9. To gain control of the USA, the hidden NAZI regime had to seize control over:
(a) Intelligence community,
(b) Media,
(c) Banking, and
(d) the Military Industrial Complex.

10. In order to gain control over the Media, there had to be a willing Religious group .. the Fundamental Christians were the perfect tool because they had Dogma and Patriotism. TRAP: Everyone wants to love their country.

11. After a lot of research, the United STates military minds agreed — THERE IS NO HAPPY ENDING TO A NUCLEAR WAR. So, they started using the debasement of currency to entrap their enemies and suppress them.

12. The military plan to debase currencies as a military strategy went to Howard Hughes who shelved it; however, President Reagan brought it out, funded it, and used it to gut the Soviet Union. It worked.

13. A total of $43,7 Trillion was made during Reagan’s exploitation of Russia. It was high-jacked by President Bush, and never returned. This is the reason for the Settlement Programs today.

14. The CIA is running the global Drug Cartels. It is going to be defunded when the new currency is in place.

15. An even playing field will have transparency. It will eliminate the reasons for (a) war, (b) Drug cartels, (c) Oil manipulations, and (d) Chainless slaves to pay taxes.

16. China is not interested in expansion .. never was and never will be. It is focused on making life better for the country. China’s wealthy leaders only used communism to reunite the very divided country. Americans do not need to fear China, and try to understand that it thinks very differently.

17. China allowed the USA to borrow $43 Trillion to restart the US economy in 1933.

In 1978 – the 75 year loan came due.

Congress wanted to ignore it. President Bush, Sr. gave NWO speeches. He was arrogant, and believed that the Chinese
Dynasty had all died; therefore, he did not have to pay back the debt. During the Clinton administration, the Chinese presented the heir to that Dynasty, and the money was due.

18. The Gold located in the bottom of the Twin Trade Towers was quietly removed at 11:00 pm at night by 4 garbage trucks, and taken to the Russian vessels 50 miles North of the Hudson River. It was off-loaded onto 2 airplanes and then taken to the Mahauve Air Field. Once all of the gold was removed, the towers were imploded – September 11, 2001.

PURPOSE OF 911 WAS TO HIDE THE THEFT OF $43 TRILLION IN GOLD.

19. The “HOMERUN” software was developed to take control over 757 and 767 airplanes from the ground, in case of problems in the cockpit. There were only 3 planes in the 911 event. The Pentagon was hit by a smaller craft.

20. The purpose of Basel I and II is to stop unbacked currency and produce International regulations for accounts.

21. All debts are in the process of being “PAID in FULL”. via the Global Settlements. Berneke recently siad that CDOs are worthless. He was telling us that “all debts are gone.”

22. Mortgages that do not have a Promissory Note are technically and legally gone, according to recent Court decisions.

23. The MER is trying to play a game with old property. (listen to the video)

24. It is predicted that the IRS is not going to be around much longer. Federal Reserve is definitely going away.

25. When American people learn about the atrocities created by their own government, they will be as horrified as the little German towns that were within 1 kilometer of the concentration camps, but did not know what was happening. There will be people prosecuted for US War Crimes in the near future.

26. There are very, very wealthy powerful Chinese families who are working behind the scenes on these coming changes. They choose to have no losers. They want “Two winners” and long term stability. Communism was a tool, just like Socialism, Democracy, and other political choices. They are not absolutists.

27. The USA recently parted 2 nuclear carriers within the 200 mile Exclusive Economic Zone of China. The USA was told to move them. The USA refused. An undetected Chinese submarine exploded an IMP weapon behind the Reagan aircraft carrier, which accidentally fried all of the electrical equipment in the Princess Cruise ship. the message sent to the USA was that the Chinese are capable of blowing up the two carriers, and offered the USA the opportunity to comply. This occurred 35 miles South of San Diego.

28. The speaker said to be prudent and take your time with decisions. Let things settle and understand them before making a move.

Judicial Misconduct & Political Corruption

S.O.S. – D. D. (Same Old Sh!t – Different Day)! Well, it’s high time we Americans get off our behinds, stop complaining and actually DO SOMETHING about these crimes and frauds that our judges and politicians commit so blatantly out in the open and just don’t care! Just like I’ve said in many posts here before, our judicial system and our other 2 branches of government are so corrupt that there is just no fixing it without wiping the slate clean first, and then start afresh!

Read the following excerpt from Due Process Defenders, then click here for the full article.

Currently, Due Process Defenders are continuing to collect instances of injustices, growing the databases created as well as documented, for and requested by House Judiciary Chair John Conyers. Yet to date the Defenders despite the disclosures, documentation and petition of government, have not achieved their 3 goals: 1) Overturning fraudulant cases; 2) Testifying before Congress; and 3) A bonafide Department of Justice/FBI investigation. The denial of public exposure regarding the judicial misconduct and political corruption bankrupting our nation has been repeatedly and willfully suppressed. Yet, in direct contrast, there have been hearings on athlete’s use of steroids, domestic spying, and mortgage fraud, yet as Americans have their homes, children, livelihoods and liberties, literally stolen in the total absense of due process or any legal standard, via courts or those purporting to be acting as a government ‘of the people’, not even a date for a hearing has been scheduled by the 110th Congress.

As a result, Due Process Defenders, Began a December Project. Posted at the Family Rights Radio website, http://uscdc.org/DecemberActions.htm , are steps to, under the Private Attorney General Legislation, petition Congress for judicial review and accountability. Thus, if you too would like to file documents to the Library of Congress and 110th, documenting a violation of law by legal channels, elected officials and/or governmental agencies, complete the form or 3 step process conveying your sovereign rights as per the Private Attorney General provision legislated by Congress. Or if you have a due process violation and simply would like to document the travesty, please send the case number, court, judge, and issue to Family Rights Radio, AHRC or Tiffany Rice.

For questions or concerns, please feel free to contact Tiffany Rice at tiffanyrice@mindspring.com or 770-605-5921.

Join fellow Americans by refusing to accept a ‘Judicial Matrix’ predicated upon profit not law, by offering relentless commitment, dedication and courage. As is the history of our nation, Americans MUST demand justice and freedom!

Judicial Politics As Usual in Obama-Care Ruling

Think judges are on the bench with unbiased, non-political and unprejudiced opinions who serve we the people? Think again! Some are just as slimey and rotten as most politicians are, and here is a case in point.

Article by By Jennifer Haberkorn. Read the rest of it here on Politico.

So far, four district court judges have ruled on the merits of the health reform law. Underscoring the political subtext of the legal debate, the judges have ruled along partisan lines.

Two judges, both appointed by Republican presidents, have struck down the law or its main provision. Two other judges appointed by Democrats have upheld the legislation as constitutional.

A federal judge on Monday ruled that the entire health care overhaul is unconstitutional, the most striking blow yet to President Obama’s signature domestic legislation.

But Judge Roger Vinson stopped short of ordering the federal government to stop enacting the law.

Vinson ruled that the law’s requirement that nearly all Americans purchase health insurance coverage is not within the legal bounds of Congress’s power under the Commerce Clause. (Read Judge Roger Vinson’s Healthcare Ruling [PDF])

Because the provision is instrumental to the rest of the law, he declared the entire law unconstitutional. The law also doesn’t have a severability clause, a common legal phrase that prevents courts from striking down a whole law because one piece has been found to be illegal.

“Because the individual mandate is unconstitutional and not severable, the entire act must be declared void,” he wrote in his 78-page ruling. “This has been a difficult decision to reach, and I am aware that it will have indeterminable implications.”

So now, my question to Maine AG William Schneider is this:
If it’s unconstitutional under the Commerce Clause for Congress to make us buy health insurance, why isn’t it unconstitutional under the Commerce Clause for Maine’s congress to make us buy car insurance, hmmmmmm????

More Foreclosure Info….cont’d 2

DISCLAIMER: This is not, by far, an exhaustive compilation of information and it also is NOT legal advice. For that, contact a lawyer. All this is is a simple list of points and information that is readily available online.

(See my previous post for points 7-9)

10. UCC Federal Rules of Evidence Rules 1002 and 1003 state that the original document should be produced in court when its terms are material to the argument and that a duplicate is NOT admissible if there is a genuine question raised as to the authenticity of the original or in circumstances that would be unfair to accept the duplicate in place of the original. So far, using the previous 9 points, you have given enough proof to not only question the fairness of accepting the duplicate filed in the case of your mortgage note, but also have given enough doubt as to whether the original even exists anymore.

11. Under Carpenter v. Longan, the US Supreme Court ruled that the Deed of Trust/Security Instrument MUST follow the promissory note. But if the promissory note points to one party and the deed to a separate party, then the chain of title is broken. Bifurcation has occurred. Since you have shown that your loan was securitized, thus the Deed of Trust/Security Instrument being separated from the note, it is proof that the chain of title has been broken. And since every Deed of Trust/Security Instrument states specifically that it is subject to be applicable to state and federal laws, the assignment of the promissory note WITHOUT the corresponding Deed of Trust/Security Instrument, violates state law. Sec. 109(b) of Revised Article 9 of UCC which was enacted into law in every state provides in Comment 7, “… [O]ne cannot obtain a security interest in a lien, such as a mortgage on real property, that is not also coupled with an equally effective security interest in the secured obligation.” This is a serious breach of the terms of the Deed of Trust/Mortgage. When a party to a contract breaches that contract it makes the contract (promissory note) voidable. If the terms of the Deed of Trust/Security Instrument is shown to be in violation of state law, then it too is defective. If it is defective, then it cannot be used to give the lender the “due on sale” clause. The terms of the Deed of Trust/Security Instrument must be respected in whole and one cannot pick and choose which part to respect and which part to ignore.

12. When a loan is changed into stock through the REMIC Trust, the shareholders of that trust became the true holder in due course. This could be THOUSANDS of them. With that amount of parties and with these parties changing hands literally daily, it would be impossible to track them at the County Record. So, the bankers got together and created MERS (Mortgage Electronics Registration Systems). In creating MERS, the banks could now circumvent county registration fees and not pay taxes. The banks feel that they will be insulated from this fraud because the mortgages were sold into the SPV/REMIC trust fund as a method of controlling their liability. The problem was that because they never actually transferred the note (and if they did, why didn’t they pay taxes, hmmm?) (as might be in your case if the transfer took place months after the closing date of the trust fund your note was sold into), so the whole creation of the SPV/REMIC trust fund was fraudulent. Banks are now looking at the choice of either tanking the entire portfolio back onto their books at MASSIVE losses (it would break the bank) or explaining to the states and IRS why trillions of dollars of taxes were not paid, which is Tax Fraud. MERS functions as a registry much like the County Recorder. But what is unique about MERS is that they are either named as beneficiary or a nominee on the Deed of Trust/Security Instrument. This causes several problems. The first being that to be a beneficiary, one has to put up the money to fund the loan. MERS never fronted even a dime for the loan. The second problem is MERS recordation is NOT official. The only legally recognized recordation on public record is with the County. The third problem is that MERS is NEVER a true “holder in due course” as the promissory note was never assigned to them. Thus, they do not have standing to assign it to anyone else. A recorder is just that, a recorder. They do not have the authority to appoint anyone or assign anything to anybody. MERS is NOT a real or beneficial party of interest and this has been validated in many Federal court decisions to include MERS themselves in an appeal they filed in Nebraska. Also, by MERS own words in a foreclosure handbook they made. In this handbook, they even describe how to get around the fact that they don’t hold the promissory note (they admit that the servicer holds it as well as being the record mortgage holder) by having the servicer’s employees be certifying officers of MERS so there can be an “in house” transfer of possession of the note so that MERS would be considered the note holder for purposes of foreclosure! (See footnotes on page 46 of the MERS Foreclosure Handbook). And the fact that mortgage lenders, banks and lawyers went along with this is just mindboggling and makes them as much of integral part of committing this fraud as MERS. In fact, MERS admits such in their appeal case and handbook and name some of the major banks. Look at your loan. It states that the LENDER from time to time may appoint a substitution of trustee. Nowhere does it state the NOMINEE may appoint one. If MERS can not assign it to anyone else, then they couldn’t assign it to the bank suing you. Thus, the bank is NOT the true “holder in due course” and does NOT have standing to foreclose, as the law and many court cases say that they must have to file suit. When we have a situation where state law is being violated through improper assignment, the Deed of Trust/Security Instrument is made invalid. When the trustee is being appointed by some party, in this case MERS, that is not given the proper authority to do so, this also casts issue to make the Deed of Trust/Security Instrument defective. In filing an assignment in the County Record where clearly MERS has no right to assign anything and when the Deed of Trust/Security Instrument is invalid or defective, this is considered Felony Land Record Fraud.

To Be Continued…..

More Foreclosure Info… cont’d 1

DISCLAIMER: This is not, by far, an exhaustive compilation of information and it also is NOT legal advice. For that, contact a lawyer. All this is is a simple list of points and information that is readily available online.
(See my previous post for points 1-6)

7. Under the Uniform Commercial Code which governs negotiable instruments, the right for a bank to enforce the instrument and to foreclose, is subject to being a “real party of interest” or “holder in due course”. If the loan has been sold, as is the case of a secured trust, then the bank can no longer claim that they are a party of interest or the holder. They got paid for the loan twice already; the securitization of the trust and sold as stock and then paid by the appreciation of that stock. So, in trying to collect again without being a real party in interest or the holder and KNOWING they aren’t is a fraud. In filing this claim knowing that they are not a real party in interest, they have committed a fraud upon the court.

8. Once a loan has been converted into stock, it no longer is a loan. A negotiable instrument can only be in ONE of two states when it undergoes securitization, but NOT BOTH at the same time. It can be either a loan and treated and governed as such, or as stock and treated and governed as such. But once converted to stock, it is forever stock. When a promissory note gets converted into stock, that promissory note no longer exists. Because a Deed of Trust/Security Instrument, SECURITIZES a promissory note and if that promissory note is destroyed or no longer exists (as it is when converted into stock), then that trust is invalid. The trust secures nothing. “Mortgage is not a “debt”, but merely a security for payment of debt”- Maine vs Clack 33 P.2d 283, 43 Ariz. 492 (1934). And since the Deed of Trust/Security Instrument is what gives the bank the right to foreclose and that Deed of Trust/Security Instrument is invalid, then the bank loses their right to foreclose. In order to enforce a debt obligation secured by a mortgage and note, a party must be in possession of the note. See Premier Capital, Inc. v. Doucette, 2002 ME 83, ¶ 7, 797 A.2d 32, 34 (describing a note associated with a mortgage as a negotiable instrument). Once a REMIC is formed, its assets (your loan pooled with many others) are declared a permanent fixture to the REMIC. This is registered with the SEC. You can not register one thing with the SEC and stock market, and then after the money is transferred, switch out the asset. This is called “switch and bait”. In other words, once an asset is registered and traded as part of the security, you can’t just switch it out because it has become a permanent fixture of the traded asset. This is a permanent conversion. And this is also why it is so very important for the ORIGINAL “wet ink” mortgage loan note to be produced. If it got destroyed, by being converted into stock, then the loan has been paid for. It also breaks the chain of title. Because ONLY the original promissory note has the legally binding chain of title. When a loan goes into default, the REMIC writes it off. Once that happens, the REMIC gets tax credits from the IRS. This means it is settled. The note is gone and paid for. The only way the bank can now try to foreclose on a property is to buy it back from the open market just like any other debt collector does. And since the debt has been written off and is no more, the bank buys it for pennies on a dollar. They then try to reattach the converted loan to the Deed of Trust/Security Instrument and try to say that they are the real party of interest. In trying to foreclose on your property knowing this (or should know as it is basic banking and trading practices), the bank and their lawyer have committed fraud by submitting false documentation claiming that the Deed of Trust/Security Instrument is valid thus being the real party in interest and holder in due course. By reattaching the loan to the Deed of Trust/Security Instrument they have deceived the court and you by adhesion, (which you must object to) and both the bank AND their lawyer should be sanctioned for fraud by adhesion. Because your loan was securitized, it destroyed the note, so anything brought into the court as evidence by the bank and their lawyer is prima facie evidence of counterfeit fraud. They also are attempting to steal your home through these fraudulent means which is attempted theft. They also have committed securities fraud. Because if the loan and the stock exists at the same time it is known as double dipping. And double dipping is a form of securities fraud. All of this is clearly deceptive trade practices. “Fraud vitiates the most solemn Contracts, documents and even judgments” [U.S. vs. Throckmorton, 98 US 61, at pg. 65].

9. Look in the papers that the bank/lawyer filed in the court and see if there is something like a Notice of Important Rights. It is usually at the end of their points/reasons for their claim and what they want the court to do. It might look something like THIS. Notice in the very first line is the same exact line that all debt collectors use when contacting you. If you have ever gotten a phone call, this is usually the very first thing you hear. And it also states “the name of the original creditor is…”. A company may sell the asset (your loan) to a debt collector who will do everything in their power to collect on the debt. A debt collector is someone who (is not the original creditor) buys an offsetted debt and tries to collect on it. Debt collectors use deception to convince people (in this case, the court, the County Record of Deeds and you) that they were assigned the debt. (As proof by the assignments they are using as evidence in your case). Once a debt has been written off for tax purposes, it is discharged. It cannot be collected again. The individual shareholders of the REMIC are the real and beneficial interest holders of your promissory note. Since the many shareholders cannot individually endorse and assign their portion of the loss, they have to write it off as a bad debt. The trustee of the REMIC cannot do it either, because s/he is not the real and beneficial holder of the promissory note. The only way the bank can try to foreclose now is to rely upon the same deceptive practices used by all debt collectors. THEY ARE ONLY A DEBT COLLECTOR NOW. This is why they need to put a notice that they are attempting to collect a debt on their correspondence (the original creditor doesn’t have to do this), just as the bank did in their complaint. So this is FURTHER proof that both the bank AND their lawyer are well aware and KNOWINGLY committing frauds upon the court and you.

To Be Continued…..

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