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Banks foreclose on homes that they don't even own
(by U.S. Congressman Alan Grayson - Florida)
(FORECLOSURE FRAUD, FRAUD, SECURITIES FRAUD)
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Lesson #1: - DON'T LEAVE YOUR HOME!
"DON'T YOU LEAVE"! (WATCH VIDEO BELOW)
U.S. Congresswoman, Marcy Kaptur (Ohio)
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How To Cancel A Mortgage With The Law
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FORECLOSURE FRAUD 101 - WATCH MOVIE BELOW
"I wish I was Special... You're so special Countrywide"
FORECLOSURE FRAUD 101
LANDMARK DECISION PROMISES MASSIVE RELIEF FOR HOMEOWNERS AND TROUBLE FOR BANKS
Don't Be A Victim!
VIDEO #2: BE A SQUATTER IN YOUR OWN HOME!
DON'T PAY THEM RENT EITHER!!!
THIS IS YOUR HOME!. PLAY THE VIDEO BELOW.
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"Don't Let the Crook Banks & Mortgage Companies Put You Out!" Fight Em Back!
Lesson No 2: Sue Your Mortgage Company For Fraud, & Lack of Standing
(Let them Foreclose, and then Sue them for Quiet Title, & FRAUD in State and/or Federal Court)
AL MCZEAL: MAXIM: "IF THEY DON'T HAVE THE NOTE AND THE PROPER CREDENTIALS, THEN THEY CANNOT FORECLOSE"
(Separation of Note & Mortgage is Fatal)
"In the event that the note and The deed of trust are split, the note, as a practical matter becomes unsecured. The practical effect of splitting the deed of trust from the promissory note is to make it impossible for the holder of the note to foreclose, unless the holder of the deed of trust is the agent of the holder of the note. Id. Without the agency relationship, the person holding only the note lacks the power to foreclose in the event of default. The person holding only the deed of trust will never experience default because only the holder of the note is entitled to payment of the underlying obligation. Id. The mortgage loan became ineffectual when the note holder did not also hold the deed of trust." Bellistri v. Ocwen
U.S. Bank Failed To Meet Burden of Foreclosure
COURT DECISION - STANDING TO FORECLOSE
In this case, U.S. Bank failed to meet this burden because the record before the trial court reflected a genuine issue of material fact as to U.S. Bank’s standing to foreclose the mortgage at issue. The proper party with standing to foreclose a note and/or mortgage is the holder of the note and mortgage or the holder’s representative. See Mortgage Elec. Registration Sys., Inc. v. Azize, 965 So. 2d 151, 153 (Fla. 2d DCA 2007); Troupe v. Redner, 652 So. 2d 394, 395-96 (Fla. 2d DCA 1995); see also Philogene v. ABN Amro Mortgage Group, Inc., 948 So. 2d 45, 46 (Fla. 4th DCA 2006) (“[W]e conclude that ABN had standing to bring and maintain a mortgage foreclosure action since it demonstrated that it held the note and mortgage in question.”). While U.S. Bank alleged in its unverified complaint that it was the holder of the note and mortgage, the copy of the mortgage attached to the complaint lists “Fremont Investment & Loan” as the “lender” and “MERS” as the “mortgagee.” When exhibits are attached to a complaint, the contents of the exhibits control over the allegations of the complaint. See, e.g., Hunt Ridge at Tall Pines, Inc. v. Hall, 766 So. 2d 399, 401 (Fla. 2d DCA 2000) (“Where complaint allegations are contradicted by exhibits attached to the complaint, the plain meaning of the exhibits control[s] and may be the basis for a motion to dismiss.”); Blue Supply Corp. v. Novos Electro Mech., Inc., 990 So. 2d 1157, 1159 (Fla. 3d DCA 2008); Harry Pepper & Assocs., Inc. v. Lasseter, 247 So. 2d 736, 736-37 (Fla. 3d DCA 1971) (holding that when there is an inconsistency between the allegations of material fact in a complaint and attachments to the complaint, the differing allegations “have the effect of neutralizing each allegation as against the other, thus rendering the pleading objectionable”). Because the exhibit to U.S. Bank’s complaint conflicts with its allegations concerning standing and the exhibit does not show that U.S. Bank has standing to foreclose the mortgage, U.S. Bank did not establish its entitlement to foreclose the mortgage as a matter of law.
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Moreover, while U.S. Bank subsequently filed the original note, the note did not identify U.S. Bank as the lender or holder. U.S. Bank also did not attach an assignment or any other evidence to establish that it had purchased the note and mortgage. Further, it did not file any supporting affidavits or deposition testimony to establish that it owns and holds the note and mortgage. Accordingly, the documents before the trial court at the summary judgment hearing did not establish U.S. Bank’s standing to foreclose the note and mortgage, and thus, at this point, U.S. Bank was not entitled to summary judgment in its favor.”
The part that I underlined is especially important to note… US Bank actually filed the original note in the record but the Note apparently lacked any endorsement in favor of US Bank, and, presumably did not have a blank endorsement either. The appellate court also did NOT accept the bogus assignment that US Bank filed – and we have certainly seen ALOT of highly questionable assignments flying off the desks of document production factories like LPS (Lender Processing Services), the Law Office of David J. Stern PA and FIS Foreclosure Solutions.
FRAUD
STOP INSIDER TRADING - HIGH FINANCIAL CRIMES WERE COMMITTED
WITH YOUR MORTGAGE. PLAY THE VIDEO BELOW BY MARCY KAPTUR, US CONGRESS WOMAN
FRAUDULENT LOANS
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Actually, You are the rightful owner of the house in Adverse Possession anyway. Don't let the greedy banks and mortgage companies Cheat you...fight them back!
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1. Adverse Possession 2. Online Motion 3. Matrix Connection 4. SKYPE 5. FORECLOSURE LISTING 6. Checklist
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Don't Let Them Trap Your House
MER'S LACKS STANDING TO FORECLOSUE ON ANYBODY!
MER'S is NOT authorized to Assign Anything. (COURT DECISION)
MERS is only an entity which records and tracks mortgages, and liens around the United States. That's It.
BOTTOM LINE: MERS has no substantive rights in anybody's mortgage line.
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Video #1: "FRAUD: How They Steal Your Home"
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Cancel Your Mortgage and Keep the House! Consumers have rights too! You don't have to leave your home simply because some ganster bank, or mortgage company defrauded you.
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Video #3 Don't Leave! Be A Squatter In Your Own Home"
Squatter is "Adverse Possession". Possession is 9/10 ownership!
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Video #11 Ron Paul on CNN-Bailouts-Wall St Fraud 10-20-09
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Stop Foreclosure! Help The Poor and Prevent Homelessness
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Psalms
Chapter 72
1 Of Solomon. 12 For he rescues the poor when they cry out, the oppressed who have no one to help. 13 He shows pity to the needy and the poor and saves the lives of the poor. 18 1 Blessed be the LORD, the God of Israel, who alone does wonderful deeds. 19 Blessed be his glorious name forever; may all the earth be filled with the LORD'S glory. Amen and amen
