Families must stay in their homes.

Replies to This Discussion

Permalink Reply by Ron Mamita on October 6, 2011 at 2:19am

I want be free of the unconscionable contract I have with the Bank!
The banks will not provide requested information about how they created credit for my account (what specie of money or bills of exchange was created, distributed, and recorded, one known trick is to use two or more separate books and hiding the fraudulent evidence from you and the courts).
They lost the original NOTE, now how can the homeowner EVER KNOW someone else will not seek to claim his/her home based on the debt of the promissory note? In fact the homeowner can not, that original NOTE should be returned to homeowner upon settlement of the account.
Again, the only solution I can come up with is to file a lawsuit and quite the title.

Here is my plan of action (some have been completed and the delay comes in granting time for replies from the mortgage servicer or my tedious review of the statutory laws that applies to the mortgage servicer.

1* Go to the county recorders office where the house is located (county) and ask for the (certified copy) Mortgage Deed of Trust that is recorded with them for that property. Keep all mortgage papers together and accesible.

2* Certify mail a notarized copy of debt validation, complaint/dispute and QWR (as per RESPA federal act). NOTICE OF FAULT

 

3* Do a COMPLETE history audit of records of this account.
The mortgage servicer has ignored this QWR... thus an audit can not be done.

I then sent a NOTICE OF DEFAULT AND OPPORTUNITY TO CURE. Included affidavits of facts and injury...
(interesting they now finally respond with acknowledgement and then a subsequent letter with "customer account activity statement" (01/01/1999 to 10/01/2011) in small reduced size copy that requires me to use magnifying lens.
The 1st page is a letter stating:
..."As the servicer of the loan our objective is to answer any questions regarding how it is serviced. The majority of the information requested, however, is outside of the scope of information related to the servicing of the loan. As such, your request for information and documentation is limited to the specific servicing-related issues raised.
Please find attached copies of the following documents:
Deed of Trust
Note
Final Truth-in-Lending Disclosure
Payment and Disbursement History
Quick Reference Transaction Code

If you believe there has been a servicing error on your loan or if you have a servicing issue for which you believe specific servicing-related information is required, please provide us with a statement of the reasons you have for this belief so that we may research and respond accordingly.

Should you require any further assistance related to the servicing issues discussed, please contact me at the above number."

It was signed "Respectfully, (jane doe)" with no title, bond number, and nothing more to identify her role and position in the corporation.

NOTE: NOTHING IS CERTIFIED COPY OR NOTARIZED AFFIDAVIT OR TRUTH OF FACT.
That response failed all requests for evidence and facts. That letter was merely heresay and uncertified copies of their requested and received payments. Thus again no audit can be completed.
On to the next steps in a few days...

4* Estoppel/cease and desist
(create certified copy of mortgage deed of trust and write “ Revoked, Rescinded and Canceled”)

-  -  -  -  -  -  EXHAUSTED PRIVATE REMEDY  -  -  -  -  -  -

5* Superior court: I file complaint and quite the title

 

This is my thinking and this comes from an honorable approach to get the facts and a remedy privately. When this fails then a lawsuit is needed. I am not engaged in commerce. This is a private affair to provide a home for my family. It appears that commerce has other objectives, mainly to maintain perpetual debt.

On a related note, I don't know how to post a legal document into this blog so maybe next time I will try copy/paste some legal documents and hopefully the formating will not be too bad to read, legalese is bad enough without adding text fonts and formating problems...

 

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Permalink Reply by Ron Mamita on October 6, 2011 at 5:11am

here is the Florida statute 673.3021  Holder in due course
http://www.myfloridahouse.gov/FileStores/Web/Statutes/FS09/CH0673/S...

(1)  Subject to subsection (3) and s. 673.1061(4), the term “holder in due course” means the holder of an instrument if:

(a)  The instrument when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity; and

(b)  The holder took the instrument:

1.  For value;

2.  In good faith;

3.  Without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series;

4.  Without notice that the instrument contains an unauthorized signature or has been altered;

5.  Without notice of any claim to the instrument described in s. 673.3061; and

6.  Without notice that any party has a defense or claim in recoupment described in s. 673.3051(1).

(2)  Notice of discharge of a party, other than discharge in an insolvency proceeding, is not notice of a defense under subsection (1), but discharge is effective against a person who became a holder in due course with notice of the discharge. Public filing or recording of a document does not of itself constitute notice of a defense, claim in recoupment, or claim to the instrument.

(3)  Except to the extent a transferor or predecessor in interest has rights as a holder in due course, a person does not acquire rights of a holder in due course of an instrument taken:

(a)  By legal process or by purchase in an execution, bankruptcy, or creditor's sale or similar proceeding;

(b)  By purchase as part of a bulk transaction not in ordinary course of business of the transferor; or

(c)  As the successor in interest to an estate or other organization.

(4)  If, under s. 673.3031(1)(a), the promise of performance that is the consideration for an instrument has been partially performed, the holder may assert rights as a holder in due course of the instrument only to the fraction of the amount payable under the instrument equal to the value of the partial performance divided by the value of the promised performance.

(5)  If the person entitled to enforce an instrument has only a security interest in the instrument and the person obliged to pay the instrument has a defense, claim in recoupment, or claim to the instrument that may be asserted against the person who granted the security interest, the person entitled to enforce the instrument may assert rights as a holder in due course only to an amount payable under the instrument which, at the time of enforcement of the instrument, does not exceed the amount of the unpaid obligation secured.

(6)  To be effective, notice must be received at a time and in a manner that gives a reasonable opportunity to act on it.

(7)  This section is subject to any law limiting status as a holder in due course in particular classes of transactions.

History.—s. 2, ch. 92-82.
______________________________________________

foreclosureProSe.com Explained it like this:

Pursuant to F.S 673.3021

a party cannot become holder in due course if it purchased a mortgage loan that is in default or bought the mortgage as part of a bulk purchase.

Therefore the purchaser of mortgages of a failed bank cannot claim holder in due course status. That's a legal weapon that can be used against pretender lenders.

 

673.3021 Holder in due course.—

(1) Subject to subsection (3) and s. 673.1061(4), the term “holder in due course” means the holder of an instrument if:

(a) The instrument when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity; and

(b) The holder took the instrument:

1. For value;

2. In good faith;

3. Without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series;

4. Without notice that the instrument contains an unauthorized signature or has been altered;

5. Without notice of any claim to the instrument described in s. 673.3061; and

6. Without notice that any party has a defense or claim in recoupment described in s. 673.3051(1).

 

 

F.S. 673.3021(3)

Except to the extent a transferor or predecessor in interest has rights as a holder in due course, a person does not acquire rights of a holder in due course of an instrument taken:

(a) By legal process or by purchase in an execution, bankruptcy, or creditor’s sale or similar proceeding;

(b) By purchase as part of a bulk transaction not in ordinary course of business of the transferor; or

(c) As the successor in interest to an estate or other organization.

___________________________________________________

I would like to discuss the full meaning of this and direct it to the MERS and lost note mortgage pooling securitization that happens to mortgages. Never the less it is evident here that every homeowner should question their mortgage and seek remedy from this fraud and abuse on unsuspecting homeowners. and the general public.

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Permalink Reply by Ron Mamita on October 6, 2011 at 5:41am

Here is a sample of NOTICE OF RESCISSION from foreclosureProSe.com

JOHN SMITH

123 Main Street

Anytown, FL 33233

01/02/2009

Mortgage Servicer Name (copy lender, title company, attorney)

123 Main Street

City, State, Zip

RE: Account No: 1233333

VIA CERTIFIED MAIL

RETURNED RECEIPT REQUESTED

Dear Mortgage Servicer Name:

Pursuant to TILA, 15 U.S.C. § 1635 and Regulation Z, 12 C.F.R § 226.23, I hereby exercise my

right to rescind the mortgage transaction that is identified by the above referenced account

number. The primary basis of the rescission is that:

1) I was not provided with a completed copy of the notice of my right to rescind the

consumer credit transaction, in violation of 15 U.S.C. § 1635(a) and Regulation Z, 12

C.F.R. §§ 226.17 AND 226.23

2) [Write reason 2 here]

3) [Write reason 3 here]

Pursuant to TILA and Regulation Z, you have twenty (20) days after receipt of this Notice of

Rescission to return all monies paid and to take action necessary and appropriate to terminate the

security interest. Please be advised that the mortgage is automatically voided by operation of law

upon rescission under 15 U.S.C. § 1635(b). Therefore, any attempt to report this mortgage to a

credit agency is a willful violation of TILA and the Fair Credit Reporting Act, 15 U.S.C. §

1681a, et seq.

Please contact me at (123) 555-1212 to arrange the delivery to me of all monies paid under the

mortgage, including all closing costs, principal, and interest. Additionally, please mail me

confirmation the mortgage has been voided and no negative information will be reported to the

credit bureaus with respect to this loan.

Sincerely,

JOHN SMITH

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Permalink Reply by Angry&NOT TAKING IT on October 13, 2011 at 3:09pm

ron to upload docs - press reply and at the lower left hand part of the reply window [you type into] is an "upload files" button - this will let you add what you want.

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Permalink Reply by Russell Murray on October 6, 2011 at 4:36am

I'm sure every homeowners want to do this to stop foreclosure. But of course, they need the expert foreclosure lawyer

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Permalink Reply by Ron Mamita on October 6, 2011 at 4:49am

Thank you Russell.
Why do you claim everyone need the expert "http://foreclosureatty.blogspot.com/2011/10/foreclosure-attorneys-a..."?

For those looking for an attorney that discussion is held elsewhere; however if an attorney is truly interested in sharing information and experience here for educational discussions then be welcome here! I hope more foreclosure attorneys will take the time to post documents and explain court rulings based on statutes and remedies for the homeowner. That will be most helpful.

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Permalink Reply by Russell Murray on October 12, 2011 at 4:23am

Thanks for the reminder Ron. I'm doing some preparations for that.

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Permalink Reply by Incognito123 on October 19, 2011 at 7:04pm

Actually, when you know how to STAND on your rights, YOU have more power in that courtroom than ANY attorney.  The thing is, knowing how to use your power!  But it CAN be done!

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Permalink Reply by saving my home in floridah on October 15, 2011 at 7:00pm

i wish i could find a lawyer that i can pay per need.  a letter,  court ect.  i feel bad for people roped into a monthly amount.  which turns into a yearly amount.   because the people are not paying a mortgage payment.  that is BS because most people are in a situation where they need to save every penny in case we have to move, rent and appeal.  to ask families to give this money up just to support a lawyer is incredilous.   i am not sure contigency is ok in foreclosure court.  look what happened  in south florida,.  not sure the lawyer so no names.  but the family unsuspectenly signed an agreement that if the lawyer won "money" or a "modification" the lawyer receives 40%.  well he won a 100k mod for the family and now they owe the lawyer 40k.   thats highway robbery,  they sued the lawyer and of course the lawyer won.  just like i am hoping since many of us were told by wells fargo not to pay, and that when i was 3 months late i will be review for a hmap loan.  well wish it happened that way  but it didnt.  wells fargo did everything in their power to move me out of review and SCARE me out of my home.  they moved my file out of review  then they sent me letters from 2 computers in jan 2011 so i would be confused and not know where to send my info.  so i sent a fed ex package they claimed they "didnt" recieved or the info was not complete.  this crap continues today. although they sent me to foreclosure.  forclosure proceedings will continue hile i apply to hamp nice company.    rrrrrrrrr.   

 

http://stopforeclosurefraud.com/2011/07/31/dixon-v-wells-fargo-mass...

 

http://www.wisegeek.com/what-is-promissory-estoppel.htm

 

then of course we have........

http://www.dailyfinance.com/2011/04/01/court-busted-securitization-...

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Permalink Reply by Russell Murray on October 18, 2011 at 8:09am

Foreclosure in Florida is severe. I don't think we can't do anything to stop it.

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Permalink Reply by Incognito123 on October 19, 2011 at 7:05pm

Yes there is FIGHT IT!!  The loser is only the one that gives up, the winner only wins by default.

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Permalink Reply by saving my home in floridah on October 19, 2011 at 10:38pm

we are NEVER giving up.  wells fargo will have to fight long and hard

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