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Tucson Mayoral Candidate Claims Dozens of Foreclosed Homes, Changing Locks, Kicking Out Real-Estate Agents and Posting “Do Not Trespass” Signs
GOT BALLS?
Now this is how you get it done...
Tucson Mayoral Candidate on Odd Spree of House Claiming
Some excerpts from the report...
A
Tucson mayoral candidate from a fringe political party has seized
dozens of foreclosed homes in metro Phoenix, changing the locks, kicking
out real-estate agents and posting "Do Not Trespass" signs.
Marshall
Home, who claims many foreclosures are illegal, has filed documents in
the past two weeks with the Maricopa County Recorder's Office showing he
has supposedly taken ownership of at least 21 homes belonging to
government-owned mortgage giant Fannie Mae. But none of the documents
shows any money has changed hands, and Fannie Mae says it has not sold
the houses.
Why would he do such a thing?
"Lenders are
gangsters, and they can't prove they own these homes. So they have no
right to foreclose," said the 80-year-old self-professed billionaire
from his real-estate and political office in Tucson on Tuesday. "I plan
to continue to take homes from Fannie Mae and Freddie Mac. I would buy
them, but those groups can't produce the notes showing they are the
rightful owners to sell or foreclose on them."
I think I like this guys style...
Actually, he isn't doing anything different than Fannie's and Freddie's Foreclosure Mills do...
"He knows how to file a real-estate document that looks legitimate," Ruff said, "even if it may not be."
So how does he do it?
Last
week, Phoenix HomeSmart real-estate agents Brett Barry and Roland
Cleveland got a call from their brokerage telling them Independent
Rights Political Party Trust had sent a letter saying it "acquired all
rights" to the house at 6032 E. Skinner Drive in Cave Creek. The agents
were hired by Fannie Mae to maintain and market the property and had
heard nothing about a sale of the home.
The notice told the
real-estate agents they had 72 hours to remove their signs and
lockboxes, so they rushed to the house wondering what was happening and
why hadn't they been informed. But they were too late. Home's group had
taken their lockboxes, installed new locks and posted signs saying the
house was under video surveillance and any trespassers would be "dealt
with to the fullest extent of the law."
A special-warranty deed,
stamped by the Maricopa County Recorder's Office, also was posted on the
window of the home. The deed said the Federal National Mortgage
Association, Fannie Mae, had conveyed the property to the Independent
Rights Party. It was signed by Home and his notary, but there were no
signatures from Fannie Mae on it.
Ah, so he is assigning the properties to himself. Just like the servicers do...
LINDA "MARSHALL HOME" GREEN!!!
So, what did the Realtors think?
"We
called the people who hired us and work with Fannie Mae, and they
didn't know anything about a sale," he said. "It appeared right away the
document was fraudulent."
"It's crazy," he said. "How does someone just declare they own a home without paying for it or obtaining a clear title?"
So how does he get away wit it you ask?
All
types of documents can be filed with the Recorder's Office as long as
they are notarized. Not all documents are scrutinized before the county
agency accepts them because that's not its job.
More seizures
Home
said his group also has claimed control over foreclosure houses in
Tucson and other parts of the country, including Florida and Las Vegas.
Home said he took control of a 145-unit condominium project for a man in Florida.
So what does Marshall Home have to say about all this?
"We've seized hundreds of homes from Fannie Mae and Freddie Mac," Home said. "Those groups have no legal right to them."
"I
haven't been contacted by either entity nor has either one done
anything to stop me," Home said. "I look forward to a call from one of
them so I can explain why I am legally in the right to take over
taxpayer-owned homes."
You can check out the article in its entirety here...
Awesome!
And the dude is 80 years old!
Mr. Home "MARSHALL HOME" is my new favorite Linda Green...
www.4closureFraud.org
»
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That's just it...none of these mortgages are "legitimate". They are all in direct conflict with the land title laws of this nation going back to the Old World. You don't owe your servicing company any money. They are taking your money under the premise that the money will find it's way into the right hands. That's illegal and makes the trust deed invalid because they cannot show who the money is truly owed to. If they could, they'd be proving true ownership and stopping this mess from gaining continual traction.
the original mortgage is completely legitimate... whether or not an assignment of this mortgage is valid is anyone's guess...
To put it another way: the sister to a promissory note is a check. If you take my paycheck down to your bank and try to cash it without me properly signing it over to you the bank would tell you to get lost. The same goes with a promissory note. If that note isn't properly signed over to another entity it cannot be cashed. It's null and void. The problem for MERS is by their own admission they have no interest in property, deeds or notes...so how the fuck is your original lender going to sign over a promissory note to them? They can't...therefore the moment that note is fired through the MERS conduit the trust deed becomes invalid and there is no fixing it.
Close. The Promissory Note for buying a house is a "negotiable instrument" under the Uniform Commercial Code. A check is also a negotiable instrument. These debts (promises) are then trafficked according to a discernible value, derived within their chattel paper markets. You don't generally assign a negotiable instrument, you technically "negotiate" it, according to the rules of the UCC. That way one who buys a note (instrument) can assess its value. While it is going out of style now for MERS to claim that they have assigned a note (judges are getting educated-sometimes) they (who is they anyway? hard to guess) nevertheless produced in court assignments that were purportedly by a Vice President of MERS assigning the mortgage and note. The problem is that MERS is not an entity, it is a..."relationship" shared by several banks to act as "nominee," meaning the designated agent of the banks who are jointly members of the MERS club. This purportedly allows any member bank to come forward and assert it has the rights to foreclose, without having actually acquired them legally. When I have argued in court that MERS is a non-entity, and cannot own anything, and therefore cannot possibly assign something it cannot possess, does the court throw it out? Call the police? Nope. Generally the Servicer simply files another affidavit, claiming that they got it from another source. If the judge asks how could this be, they just claim it was typo. Astoundingly, this is often accepted.
It's my understanding that once the note and the mortgage have been split the trust deed is invalid and there is no fixing it. My attorney is kicking ass and taking names. He has invalidated heaps of trust deeds here in the state of Utah after he did mine. I was just the first one that actually believed he could do what he said he could after researching it myself. My attorney does not even deal with whatever servicer...because they aren't on the chain of title and they aren't mentioned on the promissory note. Quiet title action gets the property clear of any bogus trust deeds. You just have to pay your mortgage until that has been accomplished so Servicers aren't filing bogus paperwork with the courts. Judges in Utah apparently don't give a shit about any entity that hasn't paid the county recording fees to show interest in real property.
Corrrect...the original mortgage was completely legit, however, the second it was assigned through MERS to another entity the trust deed became invalid and cannot be fixed. That part is a certainty. MERS was a fraudulent institution create by banks and the government to circument land title laws so they could sell bundled mortgages to more than on investor and use MERS as a tax evasion broker so they would not have to pay county recording fees. Ask yourself: do you think banks were giving loans to the homeless out of the kindness of their hearts because they are so altruistic, or did they need to paper over the ponzi they created to keep the crime ring going?
Corrrect...the original mortgage was completely legit, however, the second it was assigned through MERS to another entity the trust deed became invalid and cannot be fixed. That part is a certainty. MERS was a fraudulent institution create by banks and the government to circument land title laws so they could sell bundled mortgages to more than on investor and use MERS as a tax evasion broker so they would not have to pay county recording fees. Ask yourself: do you think banks were giving loans to the homeless out of the kindness of their hearts because they are so altruistic, or did they need to paper over the ponzi they created to keep the crime ring going?
To say it can't be fixed is incorrect... the more accurate statement is that pecuniary interests have yet to align to take the medicine... just like an onion, the layers of assignment will be peeled back until you arrive back at the true holder... can you really envision an assignment of a note that was valid, but the contemporaneous assignment of the mortgage was not?
The simple issue is that no one knows who the holder is... but to say that because we don't know it can't be fixed is incorrect... we can get the whole chain of assignment partied in to the suit and make that determination... the party receiving the last good assignment is the holder. Of course, to get to that determination, the court would necessarily have to invalidate numerous assignments... which means putbacks from the securities side... which means eating turds at 100 cents on the dollar until a foreclosure can be had, sale made, and the proceeds obtained to sprinkle a little dirt back in the hole...
Once the mortgage and note are back to a single person/entity, then you're back taking a crack at foreclosure... so long as the note and mortgage are bifurcated, you're not going to foreclose unless you want to give away a house or at least a sizeable settlement.
I think originators were giving out loans to people who could not afford them because they were incentivized to through dumping the assumption of risk on other persons and entities.... conscious thought (and probably precision) is mutually exclusive with altruism...
If you research the law you will find that once the note and mortgage and been split from one another the trust deed is invalid, and there is no fixing it. Humpty dumpty cannot be put back together afterwards. The only way it can be fixed is for criminal bankers to pay their lobbyists to get legislators to retroactively enact laws legalizing fraud....there is the fix right there. I would not be surprised if that is in the works. America will have reached an all new low point if that happens. The powers that be bank on American stupidity and will hope it flies under the radar.
These are separate issues you're talking about. When the note is split from the mortgage via the MERS conduit, the trust deed is invalid and you've got unsecured debt. It's no longer a mortgage. At that point it doesn't even matter who the note holder is for the purpose of having secured debt. If by some miracle MERS didn't shred the note and it was properly assigned and not fraudulently re-created (like banks have already tried) at that point they could go after the money as unsecured debt. Apparently MERS has already shredded 90% of the notes. Does that pass the sniff test? Why would MERS do that if their business model is legit? The sister to a promissory note is a check. You wouldn't shred a check written to you...would you? MERS obviously had no interest in these notes or they wouldn't have shred them, so naming them nominee and beneficiary is to invalidate the trust deed. Bottom line: what the banks did by creating MERS was illegal and using MERS as their straw man made any mortgage with MERS on it rendered unsecured debt.
First, the law varies by jurisdiction... and these are state issues...
Second, bifurcation (the separation of a note and a lien on the land) is not necessarily fatal to either instrument. However, it IS fatal to a creditor's ability to foreclose... But, that is not to say that the bifurcation cannot be cured through a return of the instrument(s) to whomever holds the note(s). While separated, the land will sit unless an action is brought solely on the note as there is no standing to foreclose through the mortgage.
Third, the notes were likely filed by the originator in association with the mortgage... and, if not, then certainly referenced in a mortgage signed by the debtor... this is about all you need to establish the existence of the note... throw in an affidavit or two and your creditors are back staring you down. The fact that the originals or copies of the notes are destroyed is not necessarily dispositive of the issue. Further, I seriously doubt that no one along the chain of assignment has a copy... these can be obtained via subpoena... Record retention requirements alone for a lot of the financial institutions would require them to keep copies...
I dont think the fbi has any authority here but they may try.
He is filing a civil action that the property is abandoned. The title owner needs to prove they own the property.
The banks and fnma dont dare defend their title interest. If they were successful the MBS investors can demand a full refund from the bank for failure to properly convey the title to them.
This guy knows no one will defend the action in court.
Amazing. What a mess it would be if he happend to die before the Banks and Title Companies got this straightened out.
I also assume that he has put the Title in a Corporation or LLC so he cannot be personally liable.
why? if his heirs don't open up an estate, his creditors will.... and his interest will be pursued through his estate by his personal administrator...
As a lesson in the absurd and surreal nature of the law in the US, I cheer any efforts to expose it. But a billionaire using the same tactics as the criminal banks to enrich himself is not so cheer worthy. Is he going to give the property back to those who have been thrown out of them? Is he going to rent it out to the homeless? Is he going to use any of his billions to sue MERS or help any mortagees with their lawsuits? Doubt it. Sorry, I am not cheering another criminal - a carpet bagger at that.
My guess is that the answer to your question depends on how he became a billionaire. If he made it from nothing then he may actually be interested in turning those houses around to people as long as they agree to pay the taxes at fair market value and maintain them. This would provide both security for the local community (which I presume he lives in) and some much needed revenue. Hey, what are you going to do? Everyone has essentially two choices in life. Be optimistic and a force for an honest society, or the opposite.
We all know that the debt was a fraud and the usury is excessive. Maybe this guy knows this and has the resources to fix the problem. It is all coming down either way.
Topcalling and LawOf:
I think we're all in agreement, but I don't know whether your optimism is justified. A quick look at the law reveals the simple truth that filing a false document with the records office is a felony, and there are plenty of cases where people have gone to prison for much less, let alone someone who did it with deliberate intent to defraud for financial gain.
Now this billionaire may be confident of beating any prosecutors with his army of lawyers, but what about anyone who tries to emulate him? As they say on magic shows, "Do not try this at home"! It could be a trap. America's criminal justice system is a private enterprise - growth and profit being the mantra of the corporation, the more people they send to prison, the more profitable it is for everyone concerned. Thousands of people going to prison is not going to change anything and nobody is going to lift a finger to help you when you are convicted of a felony and sent to prison for fraud.
The inequity and absurdity of America have reached new heights. The law does not treat everyone equally so please remember that before you take any action.
It is not a felony if no one else is willing to claim they own the title. See my response above.
I see your reasoning and of course if the world was reasonable you would be correct, but the technical charge is filing a false document - a notarized document without the required signatures from both named parties. Perhaps this guy thought an incomplete document would not be categorized as false, but there are case files of people going to prison for much less.
I'm going to stop here if you don't mind. It feels like I'm pissing on a parade, and people obviously don't like it when you kill their buzz.
The defense against a felony charge of filing a false claim is the truth that the property is abandoned. He will win the case if they try to charge him with a felony. They must prove that he took someone's property. For them to prove the property was not abandoned they myst show a valid title.
No one can demonstrate proper title except the bank who doesn't want to because they have to refund the MBS investors.
True on the last part (which is why the whole foreclosure mess has ground to a halt), but the problem is that someone owns it... the fact that it may be a myriad of dumbasses doesn't change the fact that someone does own it. And, if it is a federal institution that is deemed to own it, I'd suspect there may be fireworks.
I'm not sure why he bothered to file a document in the first place? If he did, I'm not sure why he bothered to notarize it... the clerk would probably take it without the requisite formalities... If he filed the document so that he could direct the sheriff to transfer possession of the property to him, then I'd think he's up for some more serious issues...
Why not just go squat yourself and call it a day? The whole point is to put the other guy to the task of proving he has title... and without risking felonies to boot...
The people who own the mortgage own unsecured debt...plain and simple. Problem is in order for them to even attempt to collect on the unsecured debt they need to show a valid debt instrument, which they cannot. You're right about the fireworks....since the government bought these bogus MBSs to try to save the ponzi from being exposed and save our currency, they are going to try to keep it going as long as possible. Our dollar is literally being backed up with bogus mortgages. The standoff between state and federal judges has arleady begun. This will be one more issue of contention leading up to states threatening to leave the Union in the years to come.
If you own a mortgage, you do not own unsecured debt... maybe you're at the back of the priority line... but secured none the less. If a mortgage has been invalidated, then you do not own a mortgage.
This charade ends when jerkwads from new york try and come to BFE to assert property interests counter to that of the local municipalities/counties... these cases have already been won... the purported lienholders just haven't figured it out yet (denial more than anything). Even the interim squatters will get booted by the purchasers at tax sale...
If you own a mortgage you own secured debt. If you own mortgage backed securities sold by banksters to multiple investors claiming MERS as the nominee and beneficiary you own unsecured debt. Anytime you see MERS on your promissory note or trust deed, the mortgage is a piece of shit because MERS cannot legally be the beneficiary. By their own admission in depositions they have no interest in property, deeds or notes.
Yes, and if MERS' beneficiaries are not holders, then a predecessor in the chain is... ther is no avoiding this fact... all mortgages are not invalidated by virtue of MERS' existence... rather, the chain of assignment is screwed up and the real holders cannot assert their claims or they face putbacks from the securities side... but, make no mistake about it, there is no free lunch.
Correct...investors were victims of fraud and deceipt. They need to keep suing the banks that sold them these CDOs / MBSs. Because investors were victims of another bank ponzi does not mean banks should be allowed to throw away centuries of land title law. Those laws have existed throughout the centuries for good reason. Again, these land title laws were put in place to protect those who have already paid off their mortgage as well. Do you see that?
How and where is stare decisis, in this regard, not being maintained? Courts of virtually all jurisdictions are woodshedding the shit out of mortgage practitioners... The fact remains that so long as the holder is unknown, YOU CANNOT FORECLOSE. Or, if you did foreclose without proper standing, then you face the setting aside of your foreclosure as well as penalties from the court, such as the invalidation of your lien/interest. How is this not upholding the law? Just because courts are slow to become aware of the subterfuge does not mean that it cannot be corrected... that takes time too and they're working on it...
Making shit up does not fruitfully add to the discussion...
The ones making shit up are MERS, loan servicing companies, and the banks that engineered MERS for the sole purpose of defrauding investors. Everyone who owns real property has the right to know, per the land title laws of this country going back to the Old World, who they owe money to...otherwise how do you know if you're actually paying off the people who lent you the money for your property?...pretty simple stuff. It's like when you're in the 3rd grade...if it's your shit, write your name on it. If you agree that property owners are in the right to demand this then we are in agreement.
This is encroaching on ad naseum but I'll try one more time. We both agree that MERS is a fraudulent entity that cannot foreclose, despite the fact they are on the notes and deeds as the beneficiary and nominee to the majority of the mortgages done over the past 10-15 years. You assert that if the "layers of the onion" are peeled far enough you will find the true beneficiary. I'm saying what you're suggesting is like hundreds of children taking a piss in the kiddy pool and trying to extract the urine of just one child back out of the water. You're missing the point of what MERS was engineered to do...it was designed as a layer of protection to separate the banks that created it from the scene of the crime. Look, these banks could have easily securitized these mortgages themselves under their own names, but they didn't. So what motivated them to walk out on that branch and circumvent the law? Are you telling me the ones that engineered MERS weren't intelligent enough to know that MERS was in direct conflict with our land title laws?
Trustees are now dissavowing themselves as such to avoid having to go in front of a judge and explain why they have no clue who the beneficiaries are to these properties, despite having been paid to know. It's like if you were paid to be the trustee to Michael Jackson's estate but you're telling the judge you have no clue who his assets are supposed to go to. That's the conundrum title companies acting as trustee are now faced with. The banks defrauded these investors and they are the ones that made the ungodly amounts of money doing so, therefore they need to pay for this...not homeowners, not tax payers. If you're comfortable watching banks make their own rule of law then there is nothing left to discuss.
Comparing morals of property owners who actually read their loan docs and dare to cause the land title laws of this country to be upheld by demanding to know who they owe money to those of criminal bankers who engineer fraudulent entities is absurd, and definitely does add any fruit to the convo.
Yes... the banks are robosigning documents and perpetrating frauds upon the courts... this is known... and, once known by courts, is being prosecuted and remedied...
Certainly, a homeowner has a right to know who to make the monthly paymen to... however, it's a long stretch from not knowing "for sure" and getting a free house... Further, practically speaking, if you receive notice of an assignment (which I have and I suspect most do) and you make payments to the servicer after notice of the assignment... then, I think you've got some problems, waiver chief among them.
The other issue, of course, is that potential damages are not generally compensable... the law does not care if someone may damage you... give the court a call when you've been harmed or can articulate with specificity and a high degree of certainty...
I think the difference between us is that you do not have faith in the legal system... and I find this inconsistent given you had your mortgage allegedly invalidated by a court because of the chain of assignment problems and with MERS' issues... it seems to me that you should be happy the system works... other mortgages/notes will be cleared too... and, further, putbacks will happen... and, ultimately, the parties that screwed up the most (and/or the ones with the deepest pockets) will foot the bill. This stuff is just going to take a very, very long time to clear.
P.S. - If the legislators of this country are owned by banks / corporations how does anyone have complete faith in our legal system?...that would be pollyanaish. How are we any different than other parts of the world? The ones in control of the money are in control of everything. This goes back to Amschel Rothchilds famous quote: "Give me control of a nations money supply, and I care not who makes it’s laws".
Complete faith in about anything is probably more akin to naive optimism... However, there are built in safeguards... whether this means judicial review, prosecutorial discretion, jury nullification, or just common sense judges, there ARE safeguards. When the right people are in place, the system tends to work, really, really well... when the wrong people are in place, in can quickly become a simple exercise in tyranny. [in my experience, the legal system works pretty well because, by and large, capable people are in place].
The ones in control of the money are not in control of everything... they've just managed to capture the lion's share of the avenues to their comeuppance... the other avenues just take time. I wouldn't worry too much until the second amendment gets altered to the point of becoming unrecognizable. And, practically speaking, it isn't that they've captured anything per se, it's probably more accurate to say that they've managed to align their interests with the people who would curtail their activities... which gives the same appearance. Right now, in large part, they're able to take solace in the fact that the mouth breathers, government officials, union workers, and a whole slough of others are solely dependent on the print machine.
Remember, if the entire premise is based on a lie, it has a limited lifespan... sometimes, it takes the pains of deleveraging (or hyperinflation) for us to finally admit we've been had. (or more accurately, looked the other way so we could get benefit today at the sacrifice of our future). All in time.
Let's hope you're right. I believe that's the way the system was designed to work and did for quite some time, however, the elite have aligned themselves with the lawmakers and from where I'm standing it looks like state and corporate powers have merged to unilaterally dismantle the middle class of America. When the average American, down to the village idiot, finally realizes their fiat money is worthless due to desperate measures to keep the facade going, the abode of all demons will be built on American soil.
"Remember, if the entire premise is based on a lie, it has a limited lifespan..." How has religion managed to survive since the beginning of civilization? People still believe the Earth is 6000 years old because a book says so when we know the Colorado River removes 1 ft of Earth every 100 years, and a total of 800 cubic miles of Earth have been removed at the Grand Canyon. If people believe something is true they align themselves with others who believe the same and make it true. Conversely, the same is true when people don't want to believe something. After the collapse, and the confused sheep have traveled hundreds of miles through the desert looking for the lost oasis, they will probably wind up drinking the sand and call it heaven. Things are going to have to get incredibly dark before the masses truly wake up and they're ready to do something about it. When the sheeple can't get their meds anymore, I imagine a significant part of the population will not be able to cope with their new reality. I view our health system in the U.S. as similar to the Department of Corrections. For many, once you're matriculated there is only one way out. It's late and I think I'm digressing. I guess we'll see what happens.
Macho - read this article. I think it will clear some things up for you on how to approach this. You were spot on with your Mike Tyson analogy. You have to punch these people in the face and knock them out before they even have the chance to assert bogus claims. Also, google Chris Peterson. He's a professor at the University of Utah Law School... http://archive.sltrib.com/article.php?id=12928193&itype=storyID&keyword=...
"No one can demonstrate proper title except the bank who doesn't want to because they have to refund the MBS investors."
Bingo! This is the crux of the whole problem. Eventually all that "mark to unicorn" accounting on the books must be dealt with. The MBS investors are part of the elite central banking NWO. In fact, don't most of the MBS sit on the books of the central bankers at the Federal reserve? Since the general public is flat broke, the rich will be trying to eat each other for a while in order to recover any losses. This is the best time in the history of the world to be the holder of any physical asset worth real value. Fuck the banks and the Fed. Common sense tells you how this all ends, hedge accordingly.
When someone claims a false ownership on a title that person / entity can be sued for treble damages (3 times the amount of the their fraudulent lien). What this person is doing is not the solution. You're right...what should be happening is home owners eradicate their bogus trust deeds via Quiet Title Action.
whoever files first may win.
The properties are abandoned. Abandoned property is claimed by others all the time.
Fannie Mae cannot show legitimate title. The bank does not want to show legitimate title.
What about anyone paying a mortgage and mortgage(s)? If the MBS game has been played far and wide, can people paying their mortgage also eradicate any bogus trust deeds via Quiet Title Action?
Laws of Physics - YES! Anyone paying a bogus mortgage to a servicer that has no legal interest in your property can nullify their trust deed. Of course you cannot predict what your state judge will do, but if your judge has any understanding of land title law it will be nullified. If someone can produce a legitimate note showing you owe them money, at that time you'd need to settle with them but the chances of that happening are slim to none.
My deed of trust has MERS as both the trustee, and the beneficiary. My servicer is WF, and the MERS database lists the mortgage owner as "chooses not to be identified." (Now why have a registration system for note owners to declare their ownership, then have them decline to expose it? What legitimate business purpose does this serve?)
Meanwhile, in this non-judicial state, there is not a peep out of the Attorney General and the destruction of state property law. Of course, like most state govs, "they" owe the feds lots of money, so they have little choice but to await their orders from Rome on the Potomac.
Perfect!...nullify the God damn trust deed. They can't identify who mortgage owner is...that's why it's unidentified. I live in Utah and our AG worked with legislators to enact a law stating that if someone was fraudulently foreclosed on they can go after the illegal foreclosing entity for a minimum of $2500 up to the value of the home at the time of foreclosure. Utah is not fucking around with this. State judges are pissed and want some pay back.
Perfect!...nullify the God damn trust deed. They can't identify who mortgage owner is...that's why it's unidentified. I live in Utah and our AG worked with legislators to enact a law stating that if someone was fraudulently foreclosed on they can go after the illegal foreclosing entity for a minimum of $2500 up to the value of the home at the time of foreclosure. Utah is not fucking around with this. State judges are pissed and want some pay back.
Why would they limit the exposure of the wrongdoers? That's really not fucking around...
Why do you need a law for this? All it does is set a ceiling on your negotiations... the value of the case is how much it will cost them if you invalidate the foreclosure... (e.g. through their fraud on the court)... I'd guess... $20-30k would be pretty easy... tack on some more for keeping it out of bad press... maybe $50k/pop?
+ 1
First of all, you are making a lot of assumptions and you know what they say. Secondly, I don't commit fraud, so I am not worrying about going to prison.
Regardless, the point is that there is a major problem that needs to be dealt with. Personally, I am busy trying to stay in business myself and keep my employees employed. Just glad to see someone dealing with it. You don't like it, turn off your computer, get off your ass, and go fix it yourself.
Yes the criminal justice system is its own enterprise, so is everything else. What is your point?
Point? Very simple. You may not be thinking about copying this guy, but from the level of optimism in the threads, others are and unless they are billionaires, they are going to prison.
Good luck with your business.
There are 3 parties to a trust deed, trustor (borrower / owner) trustee (usually title co) and beneficiary (the one who gets paid off if borrower defaults, dies, etc.) MERS cannot be the beneficiary anymore than this 80 year old, or anyone else trying to claim to be. The borrower or owners of these properties should be getting clear title through a Quiet Title Action. If they lost their home to fraudclosure then the party that stole the property needs to be sued for the value of the home. That will put an end to this in a hurry.
There are 3 parties to a trust deed, trustor (borrower / owner) trustee (usually title co) and beneficiary (the one who gets paid off if borrower defaults, dies, etc.) MERS cannot be the beneficiary anymore than this 80 year old, or anyone else trying to claim to be. The borrower or owners of these properties should be getting clear title through a Quiet Title Action. If they lost their home to fraudclosure then the party that stole the property needs to be sued for the value of the home. That will put an end to this in a hurry.
The borrower already has ownership and title to the property (there was only 1 deed)... he cannot clear the liens on his property until he proves that he satisfied the liens... all a quiet title action would do is determine who his real holder is so they can foreclose on him when he defaults...
Further, he was foreclosed upon because he defaulted... no one stole the property from him... he had no claim to the property... if he could pay for it, then he could redeem the property within a certain period of time... after that, his interest is extinguished unless he can set aside the foreclosure decree (or foreclosure, if non-judicial).
How can he sue for the value of the home? If so, then he'll also have to pony up the amount he owes on the home... which is probably more than the value of the home at this point... selling it probably actually reduced his damages in a depreciating asset.... as sad as that is...
What he needs to do is, presuming it's available, threaten to set aside the foreclosure because of standing/fraud upon the court, etc. And then settle with the foreclosing organization, their law firm, lender, etc.... take the money and run. No free house, but who the hell wants an underwater, depreciating asset? Better to take the money and convert it out of the ether methinks.
If someone isn't paying their mortgage then conducting Quiet Title Action would not be as effective. Quiet Title Actions eliminates the trust deed recorded on your chain of title because the signed stipulation from the original lenders states they have no interest in your property whatsover. Once that trust deed is eradicated you have an unencumbered title to your property until someone can produce a valid note showing you owe them money...chances are slim to none it will ever happen. MERS shredded 90% of the notes because they "create loans, not paperwork"...ha ha ha..fucking idiots.
You have to execute a mortgage... so, after the first one is invalidated, that's it... unless you go sign another one, then assignees of that lien are going to eat shit.
If someone else shows up with a note, then they're just an unsecured creditor and, again, can eat shit.
My guess is... that you've got a stipulation from the original lender, but I've got some reservations about the chain of assignment... who else did you name in the lawsuit? Did you serve the servicer and present purported lienholder? Judgments are only good as to those who are properly before the court... Did you do a warning order?
In other words, I'm curious as to how you got from the originator's stipulation to an invalidated mortgage... the judge should have had serious reservations/questions as to the chain of assignment... obviously if the chain defaults and fails to answer, then that's one thing... just curious. Otherwise, I'd think there would be some type equitable lien or similar remedy that would seek the proceeds of sale...
I'd also be extra cautious in regard to required disclosures to prospective purchasers of your property... knowing the limitations or likelihood of outstanding unrecorded liens... of course, a warranty deed will likely put you on the hook anyway...
MERS and present servicer are not parties of interest and therefore do not have to be notified. The only warning order that could be done is a Goodyear Blimp flying around the world asking if anyone had any ownership in my note. All my judge cared about was the fact the original note holder made it crystal clear they had no interest in my property, deed, or note and there were no other encumbrances on the title. He did not give two shits about MERS.
I conveyed a clean title. A warranty deed doesn't put me on the hook for anything. No valid entity can step up and produce a legit note. If a valid entity can step up and produce a legit note then I would have to settle at that point and I'd be happy to do so. It's been almost a year now and so far no one has stepped up to the plate. My attorney wholeheartedly believes it will never happen. I'm not trying to game the system like this guy is. I simply want these cock suckers to follow the same rule of law that I'm subject to.