I just wanted to show you guys part of the fraud that has been committed on American's by the banksters. The more that know this, the more will take back their homes and destroy the banksters who need to be wiped off the face of the Earth.
I'm just going to use one case here that was recently won. And this is usually the case when MERS (Mortgage Electronic Registry System) is involved. MERS IS fraud. And most mortgages now days are through MERS.
First go to #2 and see the action is "in rem" (against a thing, not a person) and not "in personam" (a person) and the judge says they are not suing for damages. (because there is none) They are stickily suing so they can resell the house and make more money and commit more fraud. They also bought insurance for usually a few times more than the house is worth IF the house goes into foreclosure. Basically they made a loan that they thought may not be good, and placed a bet (got insurance) that it would fail and make more money than the house is worth.
#3 says the note was never signed by the bankster. Is it a lawful contract if only one person signs the contract. No way. And the judge says it's the same as finding a blank check and claiming to be the owner, which doesn't fly under ANY law.
#4 says the bankster's complaint failed to prove they own and hold the note and mortgage. So basically they have proved nothing, and are simply claiming they own it. That's because MERS was involved which is a system the banksters set up that eliminates the county recorder's office where documents that prove ownership are recorded. The banksters have basically stolen money from every state and county by doing this. Plus they screwed up and don't have a leg to stand on if they can't prove who owns the note and mortgage.
The mortgage or deed of trust says a house is involved. And the note says money is owed. So you have to have both to prove money is owed on the house. And they can never be separated. Otherwise you have a note that says you owe money, but can't show what for. Or you have paper showing a house was involved in something, but can't show money is owed on it.
Now the problem is, when your "mortgage" was resold to another "investor", (or bank) they only sold the note. See where the problem is? How can they take your house without the mortgage? They can only come after you saying you owe money which you've already showed you can't pay, but they have no right to your house.
#5 the judge says they didn't even claim to own the house or show who does. That's because no one does after the note and mortgage got separated. And in a lot of the cases(40%-60% of the time) the banksters destroyed the paperwork because they didn't want to be able to be sued for the fraud they committed. Too bad too sad.
The judge also says the plaintiff "seems" to be the servicer because they didn't even prove that either. So who knows who the plaintiff really is?
#6 the judge says the bankster didn't prove they own it and disprove what the defendant said. Plus they can't be the owner, because MERS owns it and MERS never transferd the ownership to them. That's because MERS doesn't own it either. They are nothing more than a phone book who shows who owns the note & mortgage. And that's what they will testify to too. So who owns the thing? No one does, that's who. And the person with the most right's in this deal are the owner. They have paid actual money in monthly payments and maintained and lived in the home. THEY have the vested interest in it, not the bank. The bank never loaned any money because it was securitized (sold) before you even signed the paperwork. That means the bank was paid BEFORE you even signed the papers. They don't have ANY right to sue for anything. Plus the leveraged the "money" they got from you simply signing the paperwork and created at least 9 times more "money" out of thin air and made money from that too.
#1 has the judge telling the banksters they need to prove who owns the note & mortgage, and who holds the note & mortgage, and prove the chain of title for all of it. And notice he says, not by "conclusions of laws?" In other words, not by their legal theory, but by physical proof. Bring in the paper trail showing the original "lender" tranfered both to X bankster, and that was transfered to Y bankster and so on to the plaintiff. There has to be the transfer IN PAPERWORK all the way to the plaintiff. But that's IMPOSSIBLE because of MERS. They don't have ANY paperwork. Their name is mortgage "electronic" registry system. All they have are electronic copies of something that was put into their system. They cannot even testify to the accuracy of ANY of it because the members of MERS are the banksters, and THEY are the ones who put the info in their system. Not MERS.
See how screwed up and fraudulent this whole thing is? They need to be eliminated financially! Especially after taking so many homes away from people who don't know better. And 99.99% of all lawyers don't understand this stuff or really care, or are in bed with them and won't do anything to stop this.
#2 the judges says explain to me why you guys didn't sign anything and state that, and show me ho you own it. And he says show me how any of it was transferd in whole or part, because the mortgage says you have to do this stuff.
You see up to the time when securitization started, a home loan was between you and the bank and it's easy for the bank to prove they loaned you the money and you owe and they have the right to take back the house. Now the banksters made the whole process super complicated so no one knew what was going on. Not even the investors which also got screwed by all this, because they don't have proper paperwork either. Basically the banksters screwed the whole world with this. Especially through the derivatives market, which most in here know is in the hundreds of trillions of worthless paper.
#3 then the judge tells the bankster to come back in here and prove all that stuff, because your complaint is "insufficient" for me to do anything with this mess.
#4 the judge says if you aren't the plaintiff prove who is and prove they gave you the authority to do this. And notice he says "by attachment?" That means show me the real paper trail, not your allegations, theories and other garbage that don't prove anything.
#5 kind of repeats that. Show me the paperwork!
#6 says since Countrywide (who was just convicted of fraud, and the first case convicting an actual person) was the original holder of the package, and MERS is the one that was assigned to it all, (which is against the law because they never had the paperwork) then the bankster can't own the paperwork.
#7 says the bankster has to fix and prove all that or they have no case and the home owner has 20 days to reply to their response to it, which was case dismissed.
So that gives you part of the picture of fraud that has been committed against the world by the banksters.
The way to beat these crooks is get a audit done on the paper trail for your house. Then file a quiet title action saying all this has clouded the title on your house and here is the proof. A good audit costs about $1,000-$1,500.
So for that cost you can get the title quieted, which eliminates the bankster and you own your house free and clear. Plus you can sue for punitive damages which is nothing more than fining them for the fraud, to the tune of three times your damages. So if you've paid $150,000 in payments to someone who doesn't have any right to receive payments, that's $450,000 you can sue for, plus have your house free and clear because you're the only one that has any right to it.
And if you do this in district court, which is where you need to do this; you can basically do all this online. You file all the paperwork showing the bankster has no right to any of it. and if you do it right, they won't even reply and you'll get your judgement without even appearing in court.
And just concentrate on the few points made in this case. Just keep it simple. They have no right to it and you are the only one who does and you want your title to be cleared and unclouded. There are a lot of other things you can prove, but if that simple method gets you what you want, then why?
So get this out to everyone. These crooks need to be stopped forever! The crooks already robbed the world and made their money and painted themselves into a corner in the process that they can't get out of. And if we stop making payments to these crooks, they are done! And they ripped off the "government" with this too. The government sued Chase for 13 billion and won recently. http://www.huffingtonpost.com/2013/10/19/jpmorgan-settlement_n_4128994.html
I think the banksters have made enemies with the government with this fraud too. No honor among thieves. And the judges are heavily invested in mortgage backed securities with their retirement plans. So they have always had a conflict of interest in this, and up until now it's been against us. But now they realize who the real crooks are and want to get the crooks who screwed up their retirement plans. And the investors can do the same thing that we can, since they will get screwed out of the payments they should get. But that's only if they figure this mess out and do something about it.
So that the banksters out and take this country back!