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Here Is Your Chance To Check If You Are The Victim Of Mortgage Fraud

Tyler Durden's picture





 

Wondering if you are one of those suckers paying a mortgage in limbo, with all the payments due to some non-existent mortgage noteholder getting retained at the servicer banks? Well, if you can spare 3 minutes then "Where's the Note" is for you. The website, which is on the verge of a viral break out, has a simple message: "Whether you are facing foreclosure, have an underwater mortgage,
or are just a concerned homeowner, it’s important that you contact your
bank and demand to see the original note on your mortgage.
It only takes a few minutes using our free online tool." Quick, simple and easy. And in a few days your mortgage bank will have no choice but to tell you if they do in fact have your original mortgage note. And if not - welcome to cost-free living, courtesy of MERS and millions of rushed and fraudulent mortgage note assignments. Yes, it will mean the end of the GSEs, but it will also mean the accelerated write downs on thousands of MBS tranches which will rapidly collapse into insolvency (there is only so much Mark to Unicorn can cover up) and eventually take the insolvent TBTFs banks with them.

From Where's the Note's mission statement:

The Wall Street banks’ foreclosure system is a mess. Their total disregard for mortgage laws and standards is what created the foreclosure epidemic in the first place. Now, their total mismanagement is catching up to them. As of today, some of the largest mortgage lenders – JPMorgan Chase, Bank of America, and GMAC (now called Ally) – have been forced to halt foreclosures in 23 states and growing. We can’t rely on Wall Street banks to follow basic rules. We have to hold them accountable. At very least, they must provide the mortgage notes.

When Wall Street banks securitized, packaged, sold, and resold our mortgages, they created a system where it is often impossible to figure out who actually owns mortgage notes and therefore has the authority to foreclose on properties. But the big banks are getting tangled up in their own web. Recent events have exposed a handful of banks that are throwing families out of their homes even though they don’t have the mortgage note that proves they actually have a legal right to do so. There have been instances of two banks trying to foreclose on the same home, and in at least one case, of a bank trying to foreclose on a house where the homeowner had never even taken out a mortgage with anyone in the first place.

Whether you are facing foreclosure, have an underwater mortgage, or are just a concerned homeowner, it’s important that you contact your bank and demand to see the original note on your mortgage. It only takes a few minutes using our free online tool.

Execute your legal right to demand your mortgage note after the jump:

 


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Tue, 10/12/2010 - 17:40 | Link to Comment Conrad Murray
Conrad Murray's picture

Happy fun time for all!

Edit: Gerri Willis interviewed the President of MERS at the top of her show on the Fox Business Channel.  Wasn't too bad.  He sure didn't seem too comfortable talking about this mess.

Tue, 10/12/2010 - 18:10 | Link to Comment Conrad Murray
Conrad Murray's picture

Google Plans Alternative Inflation Index Using Web Data:

http://www.cnbc.com/id/39626164

Tue, 10/12/2010 - 18:30 | Link to Comment Tortfeasor
Tortfeasor's picture


Site leads to seiu.org?  Those guys are NOT your friends.

Do yourself a favor, call a local attorney.  Get a referral from your state bar, if you need to.  Don't go off of just a random website.  

I would definitely not add my name to an SEIU database, thanks.

Tue, 10/12/2010 - 19:48 | Link to Comment Bob
Bob's picture

You scared me there.  SEIU=Service Employees International Union.  Obviously providing a service to their membership and the common man.  Of course, if you're a fat cat, I could understand your horror--it's true, they do want your money. 

Tue, 10/12/2010 - 20:31 | Link to Comment Tortfeasor
Tortfeasor's picture

I'm a little guy with a deep passion to see this fraud uncovered throughout the system.  Some hack SEIU data-log is not going to help anyone uncover anything.  There's a lot better ways to attack this mass-fraudation.

Tue, 10/12/2010 - 20:34 | Link to Comment Bob
Bob's picture

No doubt.  It looks to me like a simple tool to help folks get the answer to a simple question. 

Tue, 10/12/2010 - 20:47 | Link to Comment TheMonetaryRed
TheMonetaryRed's picture

Well, of course HR 3808 was a Tea Party Republican-sponsored bill. 

So maybe THAT is why they put up the site. 

Tue, 10/12/2010 - 20:53 | Link to Comment Tortfeasor
Tortfeasor's picture

The political posturing here by the SEIU is obvious.  It's the potentially nefarious datamining, alongside the blatant "practicing law without a license" that bothers me, and others.  Whatever your hard-on is for SEIU (and Ron Paul, somehow) get back on track or gtfo.

TMR, Whole Foods closes soon, so I'm assuming you'll be kicked off shortly from the free internet in the food court.  Have a good night.

Tue, 10/12/2010 - 23:11 | Link to Comment Fish Gone Bad
Fish Gone Bad's picture

I was watching a homeless man dig in a dumpster today, fish out a pineapple, and eat it.   Winter is fast approaching and it really sucks to not have someplace to live.  Being able to surf the web is not high on people's lists when they are destitute.

Wed, 10/13/2010 - 05:54 | Link to Comment jeff montanye
jeff montanye's picture

clearly you are a "little guy", tort.  convincing argument too.

Tue, 10/12/2010 - 20:59 | Link to Comment Tortfeasor
Tortfeasor's picture

TMR, in case you moved over to the free wi-fi at Starbucks:

HR 3808 has nothing NOTHING to do with this mess.  It's a complete red herring.  The validity of a notary's signature has no effect at all on the truthfulness of an affidavit. 

Tue, 10/12/2010 - 21:37 | Link to Comment TheMonetaryRed
TheMonetaryRed's picture

HR 3808 has EVERYTHING to do with this and HR 3808 was sponsored by a Tea Party Republican. Are you on the Tea Party's mailing list? Somehow, I'll bet you are. 

Grayson and SEIU are on record against Foreclosure Fraud.

The rest is tin hat B.S.. 

 

Tue, 10/12/2010 - 22:08 | Link to Comment Tortfeasor
Tortfeasor's picture

Did you read the bill?  Do you have a legal background?

I'll go first - I did read the bill, and I am a foreclosure defense attorney representing homeowners.  I know this area inside and out.  HR 3808 has NOTHING to do with it!  It only says that states must honor other state's notary rules.

Tell me how HR 3808 has Everything to do with it.  Go ahead.  Do you understand the difference between a notarization and testimony?  Do you read anything other than headlines?  ZH got the 3808 thing wrong, as did most everyone else.

"Grayson and SEIU are on record against Foreclosure Fraud".  Strong position, bro.  Tell me, are you pro or anti rape?

Tue, 10/12/2010 - 22:44 | Link to Comment dussasr
dussasr's picture

+1

I love it when facts are used to dismantle partisan rhetoric...

Tue, 10/12/2010 - 23:08 | Link to Comment Hidetora
Hidetora's picture

I know this is a rather mundane/open question but, where do you see this winding up?

Wed, 10/13/2010 - 02:06 | Link to Comment title examiner
title examiner's picture

Have you not seen the examples of signatures, obviously executed by different hands?  Are you sure which side you are on?

I find Ad Hominem attacks to be much more distasteful than Red Herrings. 

In the Red Herring scenario, a deliberate attempt to divert attention away from a legitimate enquiery is requisite.  I note that you have not explained WHY everyone else is WRONG and YOU are RIGHT.  Your framework is that there is no possible argument that could spring forth from 3808, or you would have dropped something other than Red Herring, perhaps . 

Being unsupported in any way, your argument are mere bare assertions.  You could have ended the discussion by explaining it, after you developed your credentials.  But you chose to toy with the guy:  "tell me how HR 3808 has Everything to do with it."  Absence of evidence is not evidence of absence.  Just how many logical fallacies do you wish to tender?  You say you are the expert, but you expect a layman to submit a clever argument that really fancy lawyers have constructed, but which requires HR 3808.

It is more logical to concede that these folks are attempting to PREVENT any Red Herring arguments from being created in the 11th hour--particularly bad execution--certainly out of distrust.  They simply do not wish out of state documents to be granted MORE DIGNITY than they have already been granted.  They certainly do not wish for any last minute loopholes or means of escape to be created for the criminals.

I set up MERS as a title defect the very first time I ever saw it, as I have stated before.  That was years ago and I did in fact, complain bitterly about it to any who would hear, including district attorneys, regional counsel for title insurance companies and etc.  I happened to get in some residential titles, as a diversion from my normal commercial routine, as a part and parcel to having done the A&D phase.

OK. Since you are an expert foreclosure defense attorney, I'm sure that you can shed a lot of light on the topic--and we'll be able to see exactly what kind of light you are shining.  Don't forget citations, as I intend to check them.

Why didn't you file suit some years back and prevent this entire crisis by prevailing in successive courts?  Why didn't a given Federal Prosecutor from any district do it?  Why did the diverse federal agencies sit on their hands?

If lawyers are such super geniuses, why is our economy about to follow the path of the Soviets?

 

 

 

 

 

 

 

Wed, 10/13/2010 - 03:35 | Link to Comment title examiner
title examiner's picture

Ohio is a Judicial Foreclosure state.  Try this on for size: http://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedu... Check out rule 56.  Summary Judgment.

If the affidavit fails to get admitted...somebody probably got problems.  Robo Signers would have a hard time making all those court dates and lots of questions to answer about all the variations of their signature, not to mention the quiz at the end about the details inside their affidavit.

red herring?  I prefer pickled red herring--especially if in Shuba, a lovely Russian Herring and Beet Salad.

The vetoed act probably had other uses, beyond prevailing in summary in opposed judicial foreclosures.  Lots of documents get notarized and this is almost always because a statute requires it.

The real question becomes:  What are those other statutes?

 

 

 

 

 

 

 

 

 

 

 

Wed, 10/13/2010 - 06:18 | Link to Comment Tortfeasor
Tortfeasor's picture

Keep reading.  Post 645112, below.

Tue, 10/12/2010 - 20:53 | Link to Comment nmewn
nmewn's picture

It's a contract. It's your right.

The agent or holder is legally bound to disclose on request who is holding a signed contract bearing your notarized signature as proof you are not paying the wrong entity.

Nobody needs the SEIU for that.

 

Wed, 10/13/2010 - 01:21 | Link to Comment Uncle Remus
Uncle Remus's picture

SEIU are the brown shirts of the New Reich.

Wed, 10/13/2010 - 22:00 | Link to Comment SWRichmond
SWRichmond's picture

Not quite yet, but they're happy to try out for the role.

Who will carry out the night of the long knives, the IRS?  Or maybe that's why the FBI just ordered $97 Million of 5.56 ammo.

http://www.washingtonreb.com/2010/10/10/virgils-sunday-musing-2/#more-4060

 

Thu, 10/14/2010 - 00:20 | Link to Comment Uncle Remus
Uncle Remus's picture

$97 Million of 5.56 ammo

At government prices, probably not as much as what is stashed in a few city blocks in LA, NY, PHX, etc., etc. Which is more than easily offset by the quantities 7.62x39 pouring in.

Tue, 10/12/2010 - 16:54 | Link to Comment Ripped Chunk
Ripped Chunk's picture

"Where's The Note" better move the servers offshore. Tonight.

Tue, 10/12/2010 - 17:02 | Link to Comment Cognitive Dissonance
Cognitive Dissonance's picture

"Where's The Note" will soon be declared a terrorist web site by the White House intelligence czar (oxymoron alert), thus allowing for the "legal" hacking by the NSA/CIA/MIA triumvirate.

Actually it will be subcontracted to the "Internet" divisions of CSC/SAIC/Xe for plausible deniability purposes.

Tue, 10/12/2010 - 18:15 | Link to Comment obewon
obewon's picture

Great comment, CD!

There is more truth to your commentary than most viewers of this site may realize, and it's highly likely that this "dirty work" will be subcontracted out to one of the DC beltway bandits; SAIC, CSC, & Booz Allen are leading candidates.

Tue, 10/12/2010 - 18:32 | Link to Comment Tortfeasor
Tortfeasor's picture

Not likely, considering that appears to be a service union website.  More likely they are collecting info for less than upstanding reasons.

Wed, 10/13/2010 - 01:06 | Link to Comment i-dog
i-dog's picture

Indeed. "Let's add all these inquisitive homeowners to the No Fly List (or move them to a FEMA holiday camp), before they find out they've been screwed".

Tue, 10/12/2010 - 19:00 | Link to Comment TheMonetaryRed
TheMonetaryRed's picture

"Where's The Note" already HAS been declared a terrorist web site - 

by ZH readers. 

Hey, um, where's your boy Ron Paul on the Foreclosure Fraud crisis?

I forget: what actions did the Great Libertarian Hope take on HR 3808?

I know where (left-wing-liberal, SEIU-supported) Alan Grayson stands, but strangely NOT ROn Paul. 

Tue, 10/12/2010 - 19:16 | Link to Comment Cognitive Dissonance
Cognitive Dissonance's picture

See, now you're just taking shit and throwing it at the fan. Which shows you to be the asshole you are.

I challenge you to find one post by me where I claim allegiance to Paul or even a desire to support Ron Paul or any other politician from any party. Of course, when throwing shit, one doesn't care where it lands, as long as everyone gets dirty.

Loser!

Tue, 10/12/2010 - 20:15 | Link to Comment TheMonetaryRed
TheMonetaryRed's picture

I see and by suggesting that the "White House Intelligence Czar" would be offended, whose political messaging did you think you were emulating?

Google "White House" and "Czar" and then tell me that your comment was apolitical.

Tue, 10/12/2010 - 21:12 | Link to Comment Cognitive Dissonance
Cognitive Dissonance's picture

I see.

So what exactly does Ron Paul have to do with "intelligence czar"? Because you were implying I was a Ron Paul supporter and now you're pointing to those words as proof. Or is this just more shit for your fan? 

Do words have political copyrights on them? Is that it? And I can't use a word if it's tagged? Can I begin using it again if I use Bing and something different comes up or is Google the standard bearer for political orientation? 

Is there such a thing as an "apolitical" word or is it the moron listening to the word that determines the politics of the word? What happens if both parties use the word? What happens if neither uses it? What happens if you join the 100 monkeys searching Google?

Just because you can use Google doesn't mean shit. Try looking up "Zero Hedge" and "moron" on Google because I just did and I came up with "TheMonetaryRed". Of at least it will from now on since I just used all three together in a sentence.

Tue, 10/12/2010 - 21:37 | Link to Comment Vernon Wormer
Vernon Wormer's picture

Your original comment was dead on. Keep it up.

Tue, 10/12/2010 - 21:57 | Link to Comment TheMonetaryRed
TheMonetaryRed's picture

CD, as you would understand perfectly well, in the context of this blog your "White House Intelligence Czar" remark forces people to choose - do they want to be on the side of the accused "terrorist" or do they want to be on the side of the "Czar". In this crowd, you know exactly what they'll choose, which is why you chose the words you chose. 

My point was that it was ZH readers, not the White House, who were making the tin foil hat accusations against the SEIU site. 

Now, is ZH populated by Ron Paul supporters or isn't it? 

So maybe I was talking to them and not "accusing" you of anything. 

SEIU made its position plain and did something. 

SEIU-backed Alan Grayson has been THE leader in the House on this issue that I know of. 

Meanwhile HR 3808 was sponsored by Tea Party Republican Aderholt and Ron Paul has done jack on Foreclosure Fraud. 

That's my point. 

Tue, 10/12/2010 - 23:41 | Link to Comment geminiRX
geminiRX's picture

I will support anyone who will end this bullshit on Wallstreet but unfortunately that is not likely to happen in the US where the presidency is simply bought by the largest corporate lobby group. 

Wed, 10/13/2010 - 08:31 | Link to Comment Cognitive Dissonance
Cognitive Dissonance's picture

Sir,

I used that phrase deliberately to be facetious. My proof? The two words that followed in parentheses. As in "White House intelligence czar (oxymoron alert)". My original post was sarcastic towards the military/intelligence powers that be. And also deadly serious when I pointed out that the state intelligence services contract out to private/public companies a lot of "remote" activities.

And my words stand on their own, as is most of my writing. I am clearly someone who does his own thinking so please don't use a broad brush and then claim I'm also part of the painted landscape.

And since you hit the "reply" button under my first comment, you were replying to me personally. If you wish to speak to the blog, you place an original comment. And since you posted several times about the same thing, namely Ron Paul, you have an agenda here and you're simply back peddling with me to save face. "Your point" had little to do with my original comment and you were simply using my comment to springboard your agenda. As I said, you were throwing shit at the fan.

Nice try.

Tue, 10/12/2010 - 20:24 | Link to Comment Bob
Bob's picture

I got a good chuckle from your original remark, CD.

People are getting way too damn serious in here, imo. 

Tue, 10/12/2010 - 23:18 | Link to Comment Fish Gone Bad
Fish Gone Bad's picture

People are waaaaaaay too serious.  When I was a kid, I was pretty much dirt poor.  I remember hearing the phrase, "Is glass half full, or half empty?"  To which I asked, "Where can I get a glass?"

Tue, 10/12/2010 - 23:02 | Link to Comment williambanzai7
williambanzai7's picture

We already know the DOD is watching developments in the world of finance. You better bet that sites like ZH and Where's the Note are on their threat matrix. Stuxnet will arrive here any moment.

Thu, 10/14/2010 - 00:22 | Link to Comment Uncle Remus
Uncle Remus's picture

Stuxnet will arrive here any moment.

There's an app for that...

Tue, 10/12/2010 - 17:04 | Link to Comment doerr
doerr's picture

The site is sponsored by SEIU.

Tue, 10/12/2010 - 17:25 | Link to Comment TheMonetaryRed
TheMonetaryRed's picture

No, the site IS the SEIU

Strangely, NOT Ron Paul

Gee, I wonder why?

Tue, 10/12/2010 - 18:50 | Link to Comment Ripped Chunk
Ripped Chunk's picture

Then I guess the servers should stay in the US at the current deflationary fees................

Tue, 10/12/2010 - 19:18 | Link to Comment SWRichmond
SWRichmond's picture

Do you want Dr. Paul to be your watchdog for everything?  Has he been asked to do an interview, or excluded with the ease with which the media can exclude anyone it wants?

Tue, 10/12/2010 - 19:46 | Link to Comment Fred Hayek
Fred Hayek's picture

He's got to!  He's our only hope against the omnipresent evil of Waddell & Reed!

Tue, 10/12/2010 - 20:21 | Link to Comment TheMonetaryRed
TheMonetaryRed's picture

Was he excluded from the floor of the House of Representatives?

WWas Ron Paul excluded from talking about HR 3808 in the Financial Services Committee? 

Why don't you just tell me what Ron Paul did in Congress about Foreclosure Fraud?

 

Tue, 10/12/2010 - 21:00 | Link to Comment Tortfeasor
Tortfeasor's picture

Why don't you tell us what HR 3808 has to do with mortgage fraud?

Tue, 10/12/2010 - 22:17 | Link to Comment Tortfeasor
Tortfeasor's picture

Read the bill yourself.  This is such a red herring.  The bill has no effect on the efficacy of attacking faulty affidavits from out of state signators.  None.  The notarization doesn't verify the Truth of what an affiant is testifying to.  It only says certifies that "Yes, Mr. Mortgage Fraudster took an oath before he signed that document".  That's it.  Nothing else.

Different states have different rules on registering as a notary and what qualifies as a proper notarization.  HR 3808 simply says that a state like Mississippi must accept a Texas notary's notarization so long as it complies with Texas state law, even if it doesn't comply with Mississippi state law.  That's all.

The dems think they can somehow turn this into political points by misdirecting some of the angst at HR 3808 (which was sponsored by 2 Rs and 2 Ds).  As a foreclosure defense attorney with over 400 current cases in this area, I can tell you with certainty that HR 3808 would not have hurt my ability to properly defend a foreclosure.

Do you disagree?  Go ahead, you have infinite space below to prove me wrong.

Tue, 10/12/2010 - 23:23 | Link to Comment Fish Gone Bad
Fish Gone Bad's picture

You totally rock!  I thoroughly enjoy reading your well informed, and well written posts.  Please consider me a fan.

Wed, 10/13/2010 - 16:12 | Link to Comment ATTILA THE WIMP
ATTILA THE WIMP's picture

Peter Thiel is one of Ron Paul’s main advisors (read handler) and Mr. Thiel is a Bilderberger 

http://www.nndb.com/people/030/000124655/

Tue, 10/12/2010 - 19:51 | Link to Comment Bob
Bob's picture

Are you trying to delegitimatize yourself?

Tue, 10/12/2010 - 17:31 | Link to Comment Geoff-UK
Geoff-UK's picture

Yeah, but I didn't notice until after submission.

Did I just become a union member?!

Tue, 10/12/2010 - 17:45 | Link to Comment mynhair
mynhair's picture

Dues bill in the mail....

and that pesky initiation fee...

Support The Bamster!

Tue, 10/12/2010 - 19:57 | Link to Comment nmewn
nmewn's picture

Saw the same thing...checked off Bank of America and there was a flashing light before my eyes and alarm bells started ringing in my head.

Then I looked up at the site address.

Hmmmmmmmm says I.

Me thinks ZH has been pwnd on this one.

Expect your mailbox to be stuffed full to over flowing in three short days with campaign literature.

At least it won't be from that vile Chamber of Commerce ;-)

Tue, 10/12/2010 - 22:58 | Link to Comment williambanzai7
williambanzai7's picture

Tue, 10/12/2010 - 23:16 | Link to Comment blunderdog
blunderdog's picture

+10 for the UBIK reference.

(As a big PKD freek who read that screwball book, I'ma start printing my own blundascrip right now.)

Tue, 10/12/2010 - 23:27 | Link to Comment williambanzai7
williambanzai7's picture

I go back and refer to PKD whenever I need help understanding what I am seeing before my eyes.

Wed, 10/13/2010 - 06:21 | Link to Comment Tortfeasor
Tortfeasor's picture

++++

Tue, 10/12/2010 - 16:57 | Link to Comment Citizen of an I...
Citizen of an IKEA World's picture

Bank Holidays won't be just for history books anymore.

 

SEIU sure has their Cloward-Piven down pat.

Tue, 10/12/2010 - 22:23 | Link to Comment Sausagemaker
Sausagemaker's picture

SEIU sure has their Cloward-Piven down pat.

Can I get a non-denominational, free range, and cruelty-free "Amen"? 

Tue, 10/12/2010 - 23:26 | Link to Comment Fish Gone Bad
Fish Gone Bad's picture

Why yes you can.  You can also get fries with that as well.

Tue, 10/12/2010 - 16:56 | Link to Comment Bruno the Bear
Bruno the Bear's picture

So WTF happens when I pay off my mortgage? With this record keeping mess, will anyone be able to give me a valid title?

Tue, 10/12/2010 - 16:59 | Link to Comment Citizen of an I...
Citizen of an IKEA World's picture

Sure they will, as soon as "valid title" is redefined (The NewSpeak Dictionary 11th ed. is expected very soon).

Tue, 10/12/2010 - 17:03 | Link to Comment Bruno the Bear
Bruno the Bear's picture

F*** It - I'm thinking stop paying my mortgage and sending in my keys, move to Mississippi and buy a double wide in a red neck trailer park.  Bet FICO is some hounds name down there.

Tue, 10/12/2010 - 17:08 | Link to Comment Pladizow
Pladizow's picture

Even Better -

1.Move out,

2.Stop paying the bank

3.Rent out the property

4.Collect the Proceeds

Mo Money, Mo Money, Mo Money!

Tue, 10/12/2010 - 17:14 | Link to Comment Bruno the Bear
Bruno the Bear's picture

That's a great idea - thanks.  How long do you think I could get away with this before I have to leave the country?

Tue, 10/12/2010 - 18:20 | Link to Comment obewon
obewon's picture

It depends on several factors: first, who your supposed mortgage holder is, and second, which state you live in.

Several friends of mine did exactly that, and have been renting out their home for over the past 18 months.

. . . and no, you need not worry about leaving the country. The bank will eventually take over the home, and pay the existing tenants some money (approx. $500 to $1000) to move out. You just have to remain honest with the bank (better yet: talk to them as little as possible) and tell them you have the home rented out. But to protect yourself, contact a real estate lawyer for details on the proper steps.

Tue, 10/12/2010 - 18:34 | Link to Comment Tortfeasor
Tortfeasor's picture

Depending on your state, two years minimum with the help of a good attorney (which might only cut into 2 months of profit).

Tue, 10/12/2010 - 23:29 | Link to Comment Fish Gone Bad
Fish Gone Bad's picture

Very nice.  This is rule #3 - Plan ahead.

Wed, 10/13/2010 - 01:49 | Link to Comment kayl
kayl's picture

Why would you walk away from your home when you can discharge the debt?

There is no money, and there is no debt. Only fake debt-notes, and discharge of debt. You need to learn about the Uniform Commercial Code posted at the Cornell Law university website.

F**ck the lawyers. They know the Uniform Commercial Code, and they know you are a "transmitting utility" that creates the money in this country through your OWN signature. They just rip you off for their services.

Start to learn to manage your own commercial affairs. You can discharge the debt with your signature and keep the house too.

Wed, 10/13/2010 - 01:04 | Link to Comment kayl
kayl's picture

Why would you leave your home when you can just discharge the debt? There is no money, and there is no debt. There is only fake money and the discharge of debt in a debt-based monetary system.

File your UCC 1 Financing Statement. Claim yourself as the CREDITOR in all caps of your DEBTOR in all caps. This makes you the holder in due course of all the property, debts, liens, and assets that you own.

When you were born, your birth certificate was sold to the IMF bank. And the IMF gave around $500,000 credit to the US Treasury for your future production. You are technically the bank and surety of part of the debt-based money in the US. By default, we are born debtors. When you file the UCC 1 form, you become the CREDITOR and you have the standing to manage your own commercial affairs.

When you got a mortgage loan, the bank did not give you its credit or money. It gave you YOUR credit which you already own. Then, it presented the mortgage note and made you promise to pay for your credit which is yours. Now, the banks have the right to handle your credit, because you are a debtor and have no status or understanding to manage your commercial affairs. However, when the bank withholds your credit, that is a violation of the law. And when they don't file a 1099OID form to pay taxes on the new money they create through fractional reserve banking, they become tax evaders.

I sent a letter to the Office of the Comptroller of the Currency outlining the fraud committed against me when taking out a loan. The bank did not disclose the material terms and conditions of the loan and committed fraud. Three months later, I received a call from the CEO of the bank asking me what I wanted to get my house out of foreclosure. I told him I would discharge the debt under the Uniform Commercial Code (UCC). Articles 2 and Article 3 cover the details of the discharge of debt. And describe how we are turned into Transmitting Utilities. We create money with our own signatures.

It is fairly simple to discharge debt. You need to send the presentment (a claim), the payment, and performance bonds to the bank that is requesting payment.

The presentment is a letter from the bank with the final payout balance of the loan. Write across a blank spot "Accepted for Value and Returned for Discharge, Settlement, and Closure of the Account." Under the UCC, a valid claim must be accepted and returned for discharge. So be a good citizen and discharge your debt.

The payment bond is a transfer instrument, like a check from a checking account, but it has three parties-- you, Timothy Geithner secretary of the US Treasury, and the bank requesting payment. This is in the form of an international money order: it must have the names and addresses of the three parties on the form. Write "Pay to the order of" BANK NAME, then the amount in number, and the amount written in letters. Sign the money order and write agent after your name. This indicates that you, the living being, are handling the commercial affairs of the Creditor/Debtor. And you are creating the debt note with your signature. Only a living being may discharge debt.

The performance bond is like insurance. It is a promise to pay. You can fill out a 1040V voucher with your social security number. It is a promise to pay and instructs the US Treasury to use your exemption (credit) account to process on non-cash discharge of debt.

You must also download and fill out the Standard Form SF1055 from the GSA forms library. This form is a pre-authorized transfer of payment form. You are the principal. Use your DEBTOR name is all CAPS. Then, fill in the bank's name. Make copies of all the three papers.

Send the Pre-Authorization and the original presentment, payment, and performance (1040V voucher) bonds to the US Treasury first. They must be notified a non-cash discharge will be coming from the bank. Your presentment must be the original presentment when presenting a valid claim. Then, send copies to the bank for the discharge of debt.

This is just a bit of background on how to do a discharge of debt. You need to read Modern Money Mechanics posted at the US Treasury. You need to understand the Uniform Commercial Code posted at the Cornell Law University website. I also recommend a book online by Mary Elizabeth Croft How I clobbered every cash-Confiscatory agency. She's a bit dingy, but her description of the monetary and credit system is correct. I also like all her quotes.

If everyone filed the UCC 1 correctly and discharged the mortgage debts, we wouldn't have to endure this debacle. Everyone could keep their houses.

Tue, 10/12/2010 - 19:48 | Link to Comment Fred Hayek
Fred Hayek's picture

Unless those bastards in East Asia stole the note!  Just the kind of thing people we've always been at war with would do!

Tue, 10/12/2010 - 20:00 | Link to Comment Mad Mad Woman
Mad Mad Woman's picture

If you're pre-2005, there should be a title. If you were 2005 to present, I doubt there is one.

Tue, 10/12/2010 - 23:03 | Link to Comment williambanzai7
williambanzai7's picture

Just take the old one and fold it like the back cover of Mad Magazine

Tue, 10/12/2010 - 16:56 | Link to Comment economessed
economessed's picture

This site is a catalyst of the apocalypse!  Let 'er rip!

Tue, 10/12/2010 - 18:43 | Link to Comment Rusty Shorts
Rusty Shorts's picture

Somebody please remind me how we came about this land, did the Native Americans deed it over to us? Because if it's stolen land, then the entire shebang is a fraud.

Tue, 10/12/2010 - 19:53 | Link to Comment Bob
Bob's picture

Statute of limitations.

Tue, 10/12/2010 - 20:22 | Link to Comment tmosley
tmosley's picture

Collectives can't own anything, only individuals can.  Indians did not recognize anyone's right to own property, and as such, the whites can hardly be blamed for homesteading "their" land.

Of note is the fact that those societies that fail to recognize natural rights are ALWAYS weaker than those that do.  With the "Indians" refusal to recognize natural rights, their extinction was guaranteed the second a free man set foot on the continent.

Tue, 10/12/2010 - 21:36 | Link to Comment Janice
Janice's picture

Indian Chief, “Two Eagles,” was asked by a white government official, “You have observed the white man for 90 years.  You’ve seen his wars and his technological advances.  You’ve seen his progress, and the damage he’s done.” The Chief nodded in agreement. The official continued, “Considering all these events, in your opinion, where did the white man go wrong?”

The Chief stared at the government official for over a minute and then calmly replied. “When white man find land, Indians were running it. No taxes, no debt, plenty buffalo, plenty fish, clean water; Women did all the work and medicine man free. Indian man spend all day hunting and fishing, all night having sex.”

Then the chief leaned back and smiled.
“Only white man dumb enough to think he can improve system like that.

Tue, 10/12/2010 - 23:31 | Link to Comment Fish Gone Bad
Fish Gone Bad's picture

+1

Tue, 10/12/2010 - 21:59 | Link to Comment tip e. canoe
Tue, 10/12/2010 - 22:19 | Link to Comment Rusty Shorts
Rusty Shorts's picture

Windtalkers

Tue, 10/12/2010 - 16:59 | Link to Comment TheMonetaryRed
TheMonetaryRed's picture

This may be it. 

This may be the (totally-foreseeable but ignored) "Black Swan" that starts the general unravel and default. 

With Bear Stearns it was overnight mortgage repo. 

With AIG it was CDS collateral-call marks. 

Now it's out there: the thing that will give somebody BIG in the system the reason they need to refuse payment, propagating "netting risk". 

Ah, but I'll probably be disappointed again. 

Gold to $1700. 

Tue, 10/12/2010 - 16:59 | Link to Comment AR15AU
AR15AU's picture

The SEIU involvement makes me suspect this is all being engineered. They are like Obama's footsoldiers.

Tue, 10/12/2010 - 17:01 | Link to Comment TheMonetaryRed
TheMonetaryRed's picture

Yeah, you clearly know nothing about SEIU. 

You with your "AR-15" - like anybody's impressed. 

Tue, 10/12/2010 - 18:22 | Link to Comment perchprism
perchprism's picture

I'm impressed, and I think he's on to something here.  The SEIU is nothing but a paralegal group of purple shirt thugs-for-hire, hire to Obama.

Tue, 10/12/2010 - 19:04 | Link to Comment TheMonetaryRed
TheMonetaryRed's picture

Yeah, and what has Ron Paul done about the Foreclosure Fraud crisis?

Describe Ron Paul's actions to stop HR 3808. 

 

 

Tue, 10/12/2010 - 19:08 | Link to Comment perchprism
perchprism's picture

Junk right back at ya, dickhead.

Tue, 10/12/2010 - 20:22 | Link to Comment TheMonetaryRed
TheMonetaryRed's picture

I didn't junk you. 

 

Tue, 10/12/2010 - 19:45 | Link to Comment AnonymousAnarchist
AnonymousAnarchist's picture

Am I missing something? What is with the Ron Paul obsession? Every one of your comments in this thread mentions Ron Paul.

Tue, 10/12/2010 - 19:55 | Link to Comment Bob
Bob's picture

He's clearly trying to stir up animosity against democrats. 

Tue, 10/12/2010 - 20:45 | Link to Comment TheMonetaryRed
TheMonetaryRed's picture

Well, what is the SEIU obsession? 

If the idea is that the SEIU's "Where's The Note" effort is dishonest, then why won't all these Ron Paul fans on this site tell me what Ron Paul did in regards to HR 3808. 

I know what President Obama did. I know what Tea Party Caucus Republican Aderholt who sponsored HR 3808 did. I know what SEIU did. I know what SEIU-backed Alan Grayson did.

Now I'd like to know what Ron Paul did about HR 3808 so I can get the whole picture. 

Tue, 10/12/2010 - 23:18 | Link to Comment Assetman
Assetman's picture

Good question.  Was he included in the roll call when it came up to "unanimous vote"?

HR 3808 had the appearance of being pretty harmless... until some pretty knowledgable people brought up the possible repercussions.

By the time, Obama got hold of this bill there was a whole lot of attention on the subject matter... smart of him to send this back for reconsideration.

What I'm wondering... is how in world does this bill leave committee, after being declined numerous times???  What Chair would be responsible for that?

 

Tue, 10/12/2010 - 23:37 | Link to Comment Fish Gone Bad
Fish Gone Bad's picture

On the surface, I would have thought the bill was similar to the various health professionals accepting each others licenses, or various states recognizing drivers licenses from other states.  I am so glad that there are people way smarter than me to figure out all this hard stuff.

Wed, 10/13/2010 - 01:08 | Link to Comment Ms. Erable
Ms. Erable's picture

Wow - troll regurgitates straw man ad nauseum. How... original and unexpected.

Tue, 10/12/2010 - 18:35 | Link to Comment Tortfeasor
Tortfeasor's picture

I'm impressed too, that's a nice looking setup.

Tue, 10/12/2010 - 17:05 | Link to Comment Conrad Murray
Conrad Murray's picture

The goal for many different teams is to bring this country to its knees.  Some, most, wish to do it through economic armageddon.  What really counts is the war of ideologies that comes after the collapse.  Let your focus be on that.

Tue, 10/12/2010 - 19:01 | Link to Comment False_Profit
False_Profit's picture

agreed...the die is already cast.

this is another fruit on the tree of radicalism, and the result of the enemy within:

"The Revolution Was" (1938) by Garet Garrett

CONCLUSION

So it was that a revolution took place within the form. Like the hagfish, the New Deal entered the old form and devoured its meaning from within. The revolutionaries were inside; the defenders were outside. A government that had been supported by the people and so controlled by the people became one that supported the people and so controlled them. Much of it is irreversible. That is true because habits of dependence are much easier to form than to break. Once the government, on ground of public policy, has assumed the responsibility to provide people with buying power when they are in want of it, or when they are unable to provide themselves with enough of it, according to a minimum proclaimed by government, it will never be the same again.

All of this is said by one who believes that people have an absolute right to any form of government they like, even to an American Welfare state, with status in place of freedom, if that is what they want. The first of all objections to the New Deal is neither political nor economic. It is moral.

Revolution by scientific technic is above morality. It makes no distinction between means that are legal and means that are illegal. There was a legal and honest way to bring about a revolution, even to tear up the Constitution, abolish it, or write a new one in its place. Its own words and promises meant as little to the New Deal as its oath to support the Constitution. In a letter to a member of the House Ways and Means Committee, urging a new law he wanted, the President said: "I hope your committee will not permit doubt as to Constitutionality, however reasonable, to block the suggested legislation." Its cruel and cynical suspicion of any motive but its own was a reflection of something it knew about itself. Its voice was the voice of righteousness; its methods therefore were more dishonest than the simple ways of corruption.

"When we see a lot of framed timbers, different portions of which we know have been gotten out at different times and places, and by different workmen... and when we see those timbers joined together, and see that they exactly make the frame of a house or a mill, allthe tenons and mortises exactly fitting, and all the lengths and proportions of the different pieces exactly adapted to their respective places, and not a piece too many or too few... in such a case we find, it impossible not to believe that... all understood one another from the beginning, and all worked upon a common plan or draft, drawn up before the first blow was struck." —Abraham Lincoln, deducing from objective evidence the blueprint of a political plot to save the institution of slavery.

 

...Gott mit uns

Tue, 10/12/2010 - 20:10 | Link to Comment boooyaaaah
boooyaaaah's picture

Great Lincoln Quote

I wonder if Tyler is a tool of the SEIU

Tue, 10/12/2010 - 18:07 | Link to Comment Edmon Plume
Edmon Plume's picture

Obama is their footsoldier.

Tue, 10/12/2010 - 18:26 | Link to Comment NotApplicable
NotApplicable's picture

Step 1. Perpetrate massive mortgage fraud.

Step 2. Stir up public outrage.

Step 3. Set up "Where's my Note" website to allow public to determine if they might be affected.

Step 4. Wait for a significant percentage of public to strategically default.

Step 5. Use data from "Where's my Note" website as proof of homeowner intent to defraud.

Step 6. Throw entire mess back into lap of homeowners in a new form of debtor's prison.

Step 7. Use the proceeds to rebuild bank capital

Tue, 10/12/2010 - 19:14 | Link to Comment Lax Accounting
Lax Accounting's picture

Wow. Strategic default is not intent to defraud. A mortgage is a contract secured by the home. You don't fufill the contract? The bank takes the home. That's it. Not fraud.

Tue, 10/12/2010 - 21:42 | Link to Comment Vernon Wormer
Vernon Wormer's picture

But what if the people you are paying are not the other party in the contract?

Tue, 10/12/2010 - 16:59 | Link to Comment jaap
jaap's picture

better called it "show me the note"

Tue, 10/12/2010 - 17:00 | Link to Comment Ragnarok
Ragnarok's picture

Has this been checked out? Are we sure this isn't a scam or a data mining site?

 

If it is on the level than I insist on forwarding this sites address to everyone you know.

Tue, 10/12/2010 - 17:02 | Link to Comment Id fight Gandhi
Id fight Gandhi's picture

I wouldn't trust it, but I like the idea. I will write my own.

Tue, 10/12/2010 - 17:05 | Link to Comment Ragnarok
Ragnarok's picture

Completely agree, I just read who sponsored the site.  Everyone should do their own leg work with their own bank.

Tue, 10/12/2010 - 17:07 | Link to Comment abc123
abc123's picture

Precisely!!  It's very inventive datamining.

 

Even if it wasn't a hoax, the banks would just ignore it anyways. 

 

Maybe all the members of congress need to fill one out and see what happens.

Tue, 10/12/2010 - 17:39 | Link to Comment Sancho Ponzi
Sancho Ponzi's picture

It looks to be legit as the IP address tracks back to Washington, DC which is where SEIU is based. 

Tue, 10/12/2010 - 17:53 | Link to Comment Big Corked Boots
Big Corked Boots's picture

Yeah, but why does the Service Employees International Union care?

I don't think it's for the benefit of the membership.

Wed, 10/13/2010 - 14:02 | Link to Comment Buzz Fuzzel
Buzz Fuzzel's picture

You have to be shitting me.  Are you really that clueless?

Tue, 10/12/2010 - 17:01 | Link to Comment MrSteve
MrSteve's picture

While you are checking up on the mortgage note, see who has recorded lienholders notes against your property with the Recorder of Deeds. Sometimes the property identification number is all you need to get the information from the Recorder's website. Check to see the proper record-keeping has taken place.

Tue, 10/12/2010 - 22:33 | Link to Comment merehuman
merehuman's picture

while at the questions. Did i screw up getting a reverse mortgage?  I thought i made a smart move at the time. Oh well its only money.

Wed, 10/13/2010 - 14:12 | Link to Comment ertyqway
ertyqway's picture

I'm also wondering about this. My whole home loan is a HELOC.

Tue, 10/12/2010 - 17:03 | Link to Comment mt paul
mt paul's picture

the mortgage goat 

who needs a shredder ..

Tue, 10/12/2010 - 17:03 | Link to Comment What_Me_Worry
What_Me_Worry's picture

If this goes viral, then the banks will have to hire tens of thousands of workers to handle all of this extra leg work.  I think you know where I am going with this....

It's like Census 2.0!  Gap up those futures! 

Oh, and AAPL will save us all from destructions.  Almost forgot...gold going up is good for stocks.

Tue, 10/12/2010 - 17:20 | Link to Comment MayIMommaDogFac...
MayIMommaDogFace2theBananaPatch's picture

Aw hell.  Do you think they're gonna be knocking on my door 3-4 times a day again?

Tue, 10/12/2010 - 17:04 | Link to Comment pyite
pyite's picture

I would suggest adding some language to make this a proper RESPA QWR (Qualified Written Request):

http://www.foreclosureindustry.com/2009/08/qualified-written-requests-re...

I guess SEIU are amateurs or something; though it is doubtful that an email form letter would count as a QWR.

Tue, 10/12/2010 - 17:05 | Link to Comment mynhair
mynhair's picture

You mean I wasted 6.38 by sending my request return-receipt requested?

Tue, 10/12/2010 - 17:08 | Link to Comment rmsnickers
rmsnickers's picture

I don't get it?  Why don't they just reply that yes, they have the note and to go away?  Or just ignore your request?

Tue, 10/12/2010 - 17:13 | Link to Comment jkruffin
jkruffin's picture

The letter is asking for them to send proof that they have it, not just tell you.

Tue, 10/12/2010 - 17:49 | Link to Comment rmsnickers
rmsnickers's picture

Yeah, but what constitutes proof?  Another fake signature or photocopy?  And why must they comply?  If my loan is owned by Fannie but is serviced by B of A who do I send the letter to (fannie is not listed in the banks to choose from)?

Tue, 10/12/2010 - 17:09 | Link to Comment bankonzhongguo
bankonzhongguo's picture

Why would the SEIU be involved in this?  Is this a creepy red flag for the mass transfer of underwater notes and related MBS to Uncle Sam? Is this QE2, where the bewildered herd sits in their government own homes eating the government cheese, waiting for their 99 weeks of "don't start a revolution" money to run out?

Which network will now get the word out?  CNN?  CNBC?  Disney?

SEIU is Obama's proto "civilian army."

Tue, 10/12/2010 - 17:14 | Link to Comment Ragnarok
Ragnarok's picture

No this is TARP2 which will require the Treasury to issue a lot more new debt which is needed for the absorption of QE2.  Jeez is that so hard to understand. :)

Tue, 10/12/2010 - 17:23 | Link to Comment TheMonetaryRed
TheMonetaryRed's picture

Right, it couldn't possibly be that people at SEIU are outraged by foreclosure crisis. 

Oh, I forgot. The "private sector" will fix everything - like it already has. Go back to sleep. 

 

Tue, 10/12/2010 - 17:27 | Link to Comment Ragnarok
Ragnarok's picture

You seem to be confusing free-market capitalism with crony capitalism/corporatism/state capitalism. Please review your ism's.

Tue, 10/12/2010 - 17:46 | Link to Comment calltoaccount
calltoaccount's picture

no such thing anymore as "free market capitalism" except in crony-capitalism-controlled congress and halls of federal reserve corrupted academia.  grow a brain.

Tue, 10/12/2010 - 17:48 | Link to Comment Ragnarok
Ragnarok's picture

That is the point I'm making.  Try reading the thread before shooting your mouth off next time.

Tue, 10/12/2010 - 17:49 | Link to Comment mynhair
mynhair's picture

Jism good and on target, thank you very much.

Tue, 10/12/2010 - 17:12 | Link to Comment Goldenballs
Goldenballs's picture

Most noteworthy.Things will happen fast,can,t have the establishment bankrupt,morally yes but financially,no money for Bollinger.Do one Banksters.

Tue, 10/12/2010 - 17:48 | Link to Comment Conrad Murray
Conrad Murray's picture

From "Face The Nation" this past Sunday:

"David Axelrod: Look, our hope is is that this moves rapidly and that this gets unwound very, very quickly, and that if they can go back, reconstruct their paperwork, and what we’ve stressed to them is that they need to expedite that process and work very, very quickly to get it done. We’re going to continue to push for that."

Tue, 10/12/2010 - 20:40 | Link to Comment Tortfeasor
Tortfeasor's picture

Problem is that they CAN'T go back and post-date the paperwork.  MBS pooling and servicing agreements forbid any assignments other than those specifically provided in the paperwork, as of a certain date.  Since the assignments weren't done prior to that date, exx post facto assignments are worthless.

As a front line soldier on this front, let me tell you, this is all fucked.

Tue, 10/12/2010 - 21:13 | Link to Comment Conrad Murray
Conrad Murray's picture

Exactly.  I posted that quote to show the ignorance and/or elitist dick-suckingness of this administration, as well as to provide evidence that "goldenballs" was right about what they would try to do.  I hope they go down in flames for trying to skip right over this mess.  Fuck this administration and damn near every one of them since Jefferson.

Tue, 10/12/2010 - 17:27 | Link to Comment Spalding_Smailes
Spalding_Smailes's picture
Foreclosure Fraud For Dummies, 2: What is a Note, and Why is it So Important?


The SEIU has a campaign: Where’s the Note? Demand to see your mortgage note. It’s worth checking out. But first, what is this note? And why would it’s existence be important to struggling homeowners, homeowners in foreclosure, and investors in mortgage backed securities?

There’s going to be a campaign to convince you that having the note correctly filed and produced isn’t that important (see, to start, this WSJ editorial from the weekend). This is like some sort of useless cover sheet for a TPS form that someone forgot to fill out. That is profoundly incorrect.

Independent of the fraud that was committed on our courts, the current crisis is important because the note is a crucial document for every party to a mortgage. But first, let’s define what a mortgage is. A mortgage consists of two documents, a note and a lien:

The note is the IOU, it’s the borrower’s promise to pay. The mortgage, or the lien, is just the enforcement right to take the property if the note goes unpaid. The note is crucial.

Why does this matter? Three reasons, reasons that even the Wall Street Journal op-ed page needs to take into account. The first is that the note is the evidence of the debt. If it isn’t properly in the trust then there isn’t clear evidence of the debt existing.

And it can’t be a matter of “let’s go find it now!” REMIC law, which governs the securitization, is really specific here the securitization can’t get new assets after 90 days without a major tax penalty, and it can’t get defaulted assets at all without a major tax penalty. Most of these notes are way past 90 days and will be 3in a defaulted state.

This is because these mortgage-backed securities were supposed to be passive entities. They are supposed to take in money through mortgage payments on one end and pay it out to bondholders on the other end, hence their exemption from lots of taxes; the tradeoff is that they can’t be de facto managers of assets, and that’s what going to find the notes would require.

For Distressed Homeowners

The second is that it also matters a great deal for homeowners who are distressed. The note lays out the terms of late fees and other penalties. As we will discuss in the next section about mortgage servicers, the process of trying to get people behind on their payments current instead of driving them into bankruptcy has broken down. But for now it’s clear that mortgage servicers don’t have great incentives to get the record of people who are distressed correct.

There’s well-documented evidence that extra fees are tacked on to mortgages that have fallen behind, fees that aren’t following the terms of the note. This is usually only found out in bankruptcy where there is a lawyer (and multiple parties), not in foreclosure cases. But if homeowners wants to challenge whether what the servicer claim is the correct final due amount, the terms of the note are necessary for the court.

This will matter a great deal for many homeowners. Small differences in the total owed at the margins could allow for a short sale. It could determine if the homeowner has any equity in their home. And this can only be determined by producing the note.

For Investors, Who Took This Seriously at the Beginning

Last reason: you can tell it’s important because all the smartest finance guys in the room thought it was important. Let’s look at a Pooling and Service Agreement form from 2006 between “GS MORTGAGE SECURITIES CORP., Depositor, and DEUTSCHE BANK NATIONAL TRUST COMPANY, Trustee.” (h/t Adam Levitin for this example.) Let’s reproduce the chart from part 1 to see the chain between depositors and trustees who oversee the trust:

So what agreement did they come to when it comes to the proper handling of notes in securitization? Did they think this was no big deal, or that it is something serious? From the PSA (my bold):

(b) In connection with the transfer and assignment of each Mortgage Loan, the Depositor has delivered or caused to be delivered to the Trustee for the benefit of the Certificateholders the following documents or instruments with respect to each Mortgage Loan so assigned:

(i) the original Mortgage Note (except for up to 0.01% of the Mortgage Notes for which there is a lost note affidavit and the copy of the Mortgage Note) bearing all intervening endorsements showing a complete chain of endorsement from the originator to the last endorsee, endorsed “Pay to the order of _____________, without recourse” and signed in the name of the last endorsee…

The Depositor shall use reasonable efforts to cause the Sponsor and the Responsible Party to deliver to the Trustee the applicable recorded document promptly upon receipt from the respective recording office but in no event later than 180 days from the Closing Date….

In the event, with respect to any Mortgage Loan, that such original or copy of any document submitted for recordation to the appropriate public recording office is not so delivered to the Trustee within 180 days of the applicable Original Purchase Date as specified in the Purchase Agreement, the Trustee shall notify the Depositor and the Depositor shall take or cause to be taken such remedial actions under the Purchase Agreement as may be permitted to be taken thereunder, including without limitation, if applicable, the repurchase by the Responsible Party of such Mortgage Loan.

Read that again through to the end and use the chart to follow the chain. If more than 0.01% (!) of mortgage notes weren’t properly transferred, the trust can force the sponsor (in this case, Goldman Sachs) to repurchase the bad mortgages. How’s that for systemic risk?  Especially if this is found to be widespread….

Looking at the documents you see that the smart guys who created these mortgage-backed securities put large poison pills into them to try and prevent the kind of note fraud we are currently experiencing as a country.  They took the policing and legal recourse (and legal ability to cover their ass) very seriously on this issue. So seriously they can force repurchases of this bad debt.

So don’t believe the hype of anyone who says these are just technicalities; the people who wrote the contract didn’t believe they were.

(Special thanks to Katie Porter and Adam Levitin, who you can read at credit slips, as well as Tom Adams and Yves Smith, who you can read at naked capitalism, for in-depth discussions on this material.)

http://www.favstocks.com/foreclosure-fraud-for-dummies-2-what-is-a-note-...

Tue, 10/12/2010 - 19:56 | Link to Comment Fred Hayek
Fred Hayek's picture

I read that and with the prospect of someone putting the hammer to Goldman Sachs's balls, I start feeling a bit like Lionel Barrymore in Key Largo.  Specifically, I mean the scene where he prays that the force of the hurricane come crashing down on all of them at the hotel as long as it takes out Johnny Rocco (Edward G. Robinson).

Tue, 10/12/2010 - 20:06 | Link to Comment Bob
Bob's picture

Read that again through to the end and use the chart to follow the chain. If more than 0.01% (!) of mortgage notes weren’t properly transferred, the trust can force the sponsor (in this case, Goldman Sachs) to repurchase the bad mortgages.


Praise the Lord--and I don't mean you, Blankfiend!  Time to re-examine that trust you've claimed to have with the Big Guy, Lloyd.

Amen

Tue, 10/12/2010 - 17:15 | Link to Comment economicmorphine
economicmorphine's picture

Thank goodness my note is paid off and I have a copy of the release.  Actually, I have about 20 copies buried strategically around the county.   Now I just need to figure out a way to beat the county tax assessor.  I've already decided that if it comes to not being able to pay the property taxes, the place is going up in flames and I'm inviting my favorite local industry in to dump toxic chemicals.  If I don't get to keep my own property, I'm going to make damn well and sure that it is a liability to whoever chooses to steal it from me.

Note to government officials:  This is what happens when you cross the "moral hazard" rubicon and destroy the incentive to work and save.  I'm not naive enough to believe I'm the first person who will ever have his property stolen.  Since I understand it only too well, game on, fuckers!

 

 

Tue, 10/12/2010 - 17:19 | Link to Comment HeavyHands
HeavyHands's picture

Just declare it a place of worship. My personal religion is Whiskyanity, services are held nightly.

Tue, 10/12/2010 - 17:25 | Link to Comment economessed
economessed's picture

It's easier than you might think.

Step 1:  Become "ordained."  May cost you $25 to $100 to get a certificate.

Step 2:  Form your 501.  Understand the rules here:  http://www.irs.gov/charities/churches/index.html

Step 3:  Donate your property to the 501.

Step 4:  Tell local gov to get stuffed.  Praise the FSM (Flying Spaghetti Monster)!  You're free of local property taxes!

 

Tue, 10/12/2010 - 19:16 | Link to Comment RichardP
RichardP's picture

Most property taxes consist of a tax on the dwelling and a tax on the land.  Normally, the tax on the land is the larger of the two.  You might burn down your house, but you will still be on the hook for the property (land) tax.

Tue, 10/12/2010 - 22:39 | Link to Comment merehuman
merehuman's picture

It was never truly yours. We are the teardrops of the great sea of life passing , changing with time. Own yourself. Things and houses are becoming meaningless, honor and courage have gained value by its scarcity.

Wed, 10/13/2010 - 10:41 | Link to Comment Confused
Confused's picture

Ah, too true. 

Wed, 10/13/2010 - 01:33 | Link to Comment kayl
kayl's picture

File the UCC 1 form declaring yourself the CREDITOR with a secured party interest in all the property, liens, debts, assets, body, marriages, and children of the DEBTOR, in all CAPS.

Essentially, you need to learn about the debt-based monetary system and the Uniform Commercial Code (UCC) posted at the Cornell Law website.

There is no money, and there is no debt. There is only fake debt-based notes and the discharge of debt. Under such a system, you cannot own anything.

However, every house is located on a land grant that was given into perpetuity by an act of Congress to the people of the US. These land grants are passed down to relatives by inheritance and assigns by the sale of property. All the land grant records are found in the Bureau of Land Management GLO reports. For example, my rental is located on a land grant given to Winston Marshall in 1861.

Find the land grant where your house is located and restore your allodial rights. Update BLM records and claim yourself as an assign. Tell them you are doing historical research on the land. Get a copy of the land grant. You can do some research with Google Earth to get it done. We've been tricked out of the allodial rights given to the American people during the 1800s.

Also, place a Common Law lien on your own property. First in time is first in line. You get paid first if you file first. The county would have to pay you the amount of the lien first before they could take your property.

 

Tue, 10/12/2010 - 17:16 | Link to Comment bob_dabolina
bob_dabolina's picture

I don't like the unions/community organizations associated with that website.

I hope ZH doesn't start going the ACORN/SEIU road.

Tue, 10/12/2010 - 21:12 | Link to Comment Bob
Bob's picture

ROFLMAO! 

Tue, 10/12/2010 - 17:19 | Link to Comment VWbug
VWbug's picture

huffington post says SEIU is behind this.

they are trying to extort the banks to modify loans.

I guess zh will get in bed with anyone.

I like the idea of everyone defaulting on their mortgages though! Stop paying and close your eyes, click your heels twice and 'presto!' you will have a free house!

 

Tue, 10/12/2010 - 17:24 | Link to Comment putbuyer
putbuyer's picture

"I guess zh will get in bed with anyone."

Not fair. ZH has been solid from day one!

Tue, 10/12/2010 - 17:42 | Link to Comment NOTW777
NOTW777's picture

"I guess zh will get in bed with anyone."

whoa there, put your koolaid mug down.  i dont think tyler is wearing a union uniform.

did you want him not to bring this to our attention?

Tue, 10/12/2010 - 18:11 | Link to Comment SilverIsKing
SilverIsKing's picture

"I guess zh will get in bed with anyone."

That must include your mother then.

Tue, 10/12/2010 - 20:05 | Link to Comment nmewn
nmewn's picture

ROTFLMAO...+++++++++ a gazzilion dead union voters ;-)

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