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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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If a person has been validly assigned the note and mortgage, then he, she, or it is an interested party. In all likelihood, some successor to your originator is the real holder... if so, then heshit needed to be properly before the court. This could be accomplished via warning order given you do not know who is in the chain of assignment... obviously constructive service isn't a favorite of the law, but it's a necessity none the less. That and John Does 1-100 will do the trick.
In your plan, the dead giveaway is that you didn't get a release... nor did you assert you should have one...
Local judges can and will do about anything you can persuade them to do... however, that does not mean it will stick upon appellate or other review.
And make no mistake about it, you're trying to game the system... you're putting them to the test knowing they can't assert their interest without facing putbacks on the securities side... but you shouldn't apologize for it.
No one is ever validly assigned the note when MERS is invovled. The money came from Wall St after being chopped and put into numerous trusts. The people who put up the money were duped and lied to by the banksters. They need to sue the banks and the banks need to pay for their criminal behavior instead of making it our problem. It's time for average Americans to implement their own QE in the form of nullifying their trust deed. It's time for the flow of money to go the other direction for a change.
There is no appealing my judge's decision. The trust deed is gone and the only recourse for whoever is to produce a valid, properly assigned note. It's been almost a year and I'm still waiting. Like I said, I'd be happy to settle if / when someone can show me this was anything but a criminal ponzi scheme. I'm not trying to screw anyone but I will be god damned before I lay down and allow banksters to steal any more from the middle class of this country without fighting back.
If I'm gaming the system I'm doing so by making the banksters follow the land title laws they chose to circumvent to perpetuate their ponzi scheme, or at least on my property. If I could fight for everyone else I would. All I can do is keep providing what I know and hope that others get off their knees and grow a sack. This will go down in history as the largest bank heist ever, with the banks doing the theivery.
First, MERS is not the first stop in the assignment chain... as a result, MERS is likely irrelevant to our primary discussion... I think we can agree on the fact that MERS, in numerous cases, has been determined to either not be able to foreclose or not be able to assign a forecloseable interest.
Second, you do not have to appeal a decision to invalidate it... all an affected party has to do is file a motion to set aside the judgment... or, alternatively, define the scope of the judgment... again, a judgment is only effective against those who have been made parties to the lawsuit and are properly before the court...
Third, I would not get too righteous about making anyone follow "the law"... that's exactly what the banks do (the golden rule)... maybe you're making them take a consistent approach to their real estate endeavors, but you're behaving in a similar fashion... the more important question is whether these laws are neutral on their face and in application... something probably not fit to argue in an impromptu manner on a blog...
If MERS is your nominee and beneficiary then your mortgage is sham...that's the bottom line. MERS is entirely relevant, because it's precisely what facilitated this mess and it was the getaway vehicle used for the robbery. If MERS is completely dismantled the only solution is to retroactively make fraud legal. This is a cluster fuck of epic proportion.
Since there is no appealing a Summary Judgment as you pointed out, any other way of circumventing it would require producing a legit note, properly assigned without more fraud. Once the property is sold, title companies will demand this. A party making a claim against any property would have to identify themselves. If they record on a chain of title without being able to prove they have a legit interest in the party they will be sued for treble damages. How is any entity going to prove that with no promissory note?
Righteous?....you believe that making banks follow land title laws is at parity with setting up fruadulent entities, e.g. MERS to circumvent those same laws to perpetuate a ponzi? It's polar opposite.
MERS is but a single possible assignee... invalid assignments could happen long before MERS is even mentioned in the chain of assignment... MERS' involvment is not necessary for a court to determine the foreclosing party lacks standing... again, we can agree that MERS lacks standing... but, the clusterfuck party may have begun before MERS' drunk ass arrived.
You can appeal a summary judgment all day... so long as it is a final order... however, you cannot appeal it after the prescribed period to certify an appeal has passed (rules of civil/appellate procedure). [done it on numerous occasions].
I'm still at a loss for how a trial judge can invalidate a mortgage with nothing but a stipulation from the original mortgagee that it retains no further interest in the property... you're leaving out some very important details about your case... clearly, the mortgagee isn't going to stipulate to this unless it has been paid by a third party... a third party who, presumably, was validly assigned the note/mortgage. If you got one with MERS as the second assignee, then maybe you got something... but the chain of assignment is not uniform... there may be many stops along the way... each one being a potential holder. If these people were not properly before the court, then I can't understand how the mortgage was properly invalidated... and, thus, should be subject to reinstatement... [due process violation leading to void judgment, which does not require a meritorious defense].
My third point was that the legal system, in general, is set to protect property rights and, often times, the organizations that lobby the best. To hold another party to laws that are not naturally neutral is not necessarily a moral endeavor nor worthy of accolade... but, the fact remains that but for the financial condition of the lending institutions, you would not be able to fulfill your plan... my point is this is exactly what banks and the elite do...
The alternative, in case you're wondering, is to hear the matter on the merits, all things considered, before a determination.
I'm not suggesting you are wrong for doing so... I'm simply pointing out that you aren't as right as you think you are. Obviously, if a thief takes your property, you have a natural right to take it back... but, this process is not so simple.
I dont cheer either, but i observe he may start a land rush.
The banks have no incentive to defend the title. They have already got their money back when they packaged the loan and sold it.
The MBS which were mostly bought up by fnma and the fed are the owners of the mortgage. As government entities they have no interest in attempting to claim the house even if they had title which they dont. Taxpayers lose again. This mess could be so awful that the entire citizenry becomes cynical as hundreds of thousands of houses are up for grabs.
It's important to remember that the Fed's books are stuffed full of MBS. Which means, of course, that by stealing your house you are also fucking the Fed. It really doesn't get any better than that, does it?
SW,
No matter how screwed up the banks got this, the mere fact that the Fed holds the paper,means in the END, whoever paid/pays, hard cash will lose.( Common folks)
Only squatters will come out on this deal,and original buyers that still have the cash to take them to court.
In the end, they lose.
It will take time to run through all this, but DOT.gub, has time, and unlimited resources.
Stop and chew on this, how many times,or how many people do you know, or have heard of that beat the system(no matter how screwed).
I can only think of a mere few, and their claims were taken to court because their family members were murdered.
But, then THAT was when we had a semi Democratic / Republican form of gvt.
SW,
No matter how screwed up the banks got this, the mere fact that the Fed holds the paper,means in the END, whoever paid/pays, hard cash will lose.( Common folks)
Only squatters will come out on this deal,and original buyers that still have the cash to take them to court.
In the end, they lose.
It will take time to run through all this, but DOT.gub, has time, and unlimited resources.
Stop and chew on this, how many times,or how many people do you know, or have heard of that beat the system(no matter how screwed).
I can only think of a mere few, and their claims were taken to court because their family members were murdered.
But, then THAT was when we had a semi Democratic / Republican form of gvt.
I am very conflicted about all this!
So it is going to be like russia at the end of communism, a group of people end up "owning" government property somehow.
Reggie Middleton said the bank recovery on many houses would be zero. Given the lack of proper title added to this i can understand how banks and fannie would become passive and allow quit claims to be.filed by opportunists.
This dude is pure genius!
"Pacco e Contropaccotto!"
i love it....thank you 4closurefraud.
Seems to me if the institution that bifurcated the mortgage and thus killed the deal is to be held accountable in a fair manner, the note should revert to the local governing authority / issuing agent for proper assignment in an orderly and legally acceptable fashion.
Courts could cause the offending financial institution to account for all payments made subsequent to their breaking of trust through bifurcation to be assigned as principle only up to and including Current or lowest Valuation. With any excess to be promptly refunded in full. If any institution balks, then slap them with treble the initial purchase price or highest amount lent and clear title immediately assigned to their victim.
This would work if the future of frns were stable and controllable. But unfortunately, Zimbawbernanke's 1.6T dam busting liquidity problem, (from .24T less than 3 yrs ago) is worse than believing the US Army Corp of Engineers can be trusted to foresee and control midwestern river flows on their own.
If the US got into this bad of condition with only 240B frns in the float, what could possibly happen if / when velocity increases with over 6 times the amount floating now?
Perilous.
Boxed, localities are going to become individual fiefdoms. This billionaire seems to be one of the first to start whether that is his intent or not.
We're becoming Russia of the 1990's. Russia is a two-tiered society of highly organized crime. If either elite or peasant rackets are tampered with, people dissapear.
The Russians I still speak with are doing better these days. But the Russians didn't have nearly the same expectations Americans do. Perilous is right, this will be a drastic life change for Americans. I am ready to be a local warlord or leave the country if needs be. But 99% of the people are not prepared and it is going to get very ugly for a short time.
Americans will have to learn the hard way to collaborate between themselves. Right now, the divisions are legion. But necessity is the mother of all invention...
what the fuck are you talking about... the law already has an answer for this... and has stated it numerous times in recent cases... the assignments are declared invalid...
how do you get back to some type of central authority owning the note? In order for that to happen you would need to first determine who the holder was (so that the instrument could actually be assigned to the central authority)... and, if you know who the holder is (or go through the effort of making the determination), the need to transfer the note to the government is moot... further, the government could not obtain an interest in a note without causing a "taking" in which market value must be paid to the affected party...
What needs to happen (and will happen) is that they take a bath on securities putbacks... and go after foreclosures to recoup some money... the real holders are determined through the trier of fact... and the real holders foreclose, if possible, and if not file claims as unsecured creditors on the contract... once a judgment is obtained, then they foreclose...
Courts don't make up the law... the system was not created yesterday... it has safeguards that are being exercised presently... and that will clear the system, one way or another...
The problem is when these mortgages were bundled and chopped up into copious trusts on Wall St, they were bastardized beyond all recognition. This is what enabled them to sell the same bundle of goods to multiple investors. It's so convoluted it will would be virtuously impossible to find out what money went where and who should of got paid with what money and who didn't. What needs to be happened is the banks that sold these bundled mortgages to multiple investors need to be continually sued by the investors and pay the money without any more theft from the US tax payers. If they can't pay then fuck em...let them die.
this guy is a legend!
Next move Marshall Home should make: obtain allodial title to all the properties. That could initiate end-game for bankster-politico crime syndicate-internationale and their debt-is-money scam. Reasons for such a move would have to be understood by a critical mass and then replicated far, wide and fast, as doing this would risk declaration, unfortunately, of martial law in USA.
...now it's on the ''Books'' Dan 'oh yeeeah. Haa haa haaa.
House of cards come crashing down... http://www.youtube.com/watch?v=aSsqavYIgNc
That is why he is doing it, showing that what he is doing is no different than the banks and servicers have been doing. Ask yourself how can a bank foreclose on a property that was bought right out with cash, it actually happened more than once google it. They would have to have the paperwork, if they didn't they just decided to take it. So this guy is deciding to take it and say F you in the process.
Eh, a one man bank. Easy done.
All that is needed for more Americans to become "Termites" eating away at the real banks knowing the abandoned or foreclosed homes across the land might still be useful to someone out of a home due to the Storms this year in the USA.
property taxes are going to dictate/transfer these properties before adverse possession takes hold... the state gets its due... the prudent get their spoils... and the imprudent lose their houses/collateral.
Exactly...the reason B of A and others set up MERS was so they could sell the same bundled mortgages to multiple investors. Now everyone understands why banks were so willing to give out home loans to anyone with a pulse. Investor B,C and D needed payment. In reality, these mortgages have already been paid off by investor B,C and D...it's just that the criminal banksters took the money instead, thus creating the ponzi. After the banks stole all this money from investors, they turned around and stole money from tax payers to pay for the lost mortgage payments on mortgages that were arleady paid off through the ponzi. This needs to be on every front page of every newspaper until people get it. If Americans stay stuck on stupid, nothing will ever change. Awareness is the first step.
I don't follow you on this point. Are you stating that the investors paid off the loans by their investment? I was told once that the money used to buy the mortgages was accumulated from investors, but did not understand how that worked. Can you fill in the blanks?
The bank took a hundred mortgages and created a "security" out of them. When they sold that security to investors, the bank "made back" the money they'd created and loaned out for the mortgages. Technically, the incoming payments from the mortgages is supposed to be paying the holders of the security, but since so many of the mortgages were bogus, there's not enough money coming in to make those payments.
IH10 also says the banks sold those same hundred mortgages to more than one group of investors (I'm not certain on this point personally, but it seems likely), thus making back far more than the originally-loaned money, and worsening the problem of the non-performing loans failing to pay the investors.
Does that help?
If you approach this from a common sense perspective, it's easy to be confused, because the whole process is so blatantly corrupt and insane that most minds have difficulty grasping it.
I don't follow you on this point. Are you stating that the investors paid off the loans by their investment? I was told once that the money used to buy the mortgages was accumulated from investors, but did not understand how that worked. Can you fill in the blanks?
Blunderdog pretty much explained it. Securitization was not the problem. The primary purpose the banks created MERS was to provide distance so they could sell these bundled mortgages as foreclosure proof, A rated investments and bastardize them by chopping the bundled mortgages and putting them into copious trusts on Wall St. Once these FUBAR mortgages were chopped and dispursed there was nothing stopping them from selling these bundled mortgages to multiple investors in order to maximize profits because they could just keep telling investors that they were buying mortgages, which they were but they were buying mortgages that someone else already bought. In reality, many of the mortgages today were already paid off and then they are going back to the homeowner for a final round of payment. That is how thug banksters do business.
Boy did you hit on the apt phrase.
STUCK ON STUPID.
No kidding.
This is the danger of allowing banks to ignore land title laws going back centuries by creating straw men, AKA MERS. These laws have existed for so long for obvious reasons. If you don't know who you owe money to then Bozo the fucking clown can make a claim on your property and a judge would have to take him seriously. These land title laws are there to protect people who have arleady paid off their mortgage as well as those who have not. I said it before, I'll say it again. If some douche bag showed up at your door to collect your mortgage payment under the premise that money would find it's way into the the right hands, you'd tell him to fuck off...SO TELL YOUR SERVICER TO FUCK OFF by nullifying the trust deed with a state judge. Have your attorney get a signed stipulation from the entity you signed your promissory note with saying they no longer have an interest in that property, deed or note. They will be happy to sign it to get out of the law suit. Get the signed stipulation in front of a state judge. MERS does not have to be served because they are not a party of interest. Your chain of title will not show whatever present servicer because they didn't pay any fees to record on your chain of title. That was whole purpose of MERS..."we create loans, not paperwork"...ha ha ha...FUCK YOU! We'll see how that works out in the end for you. A state judge will nullify your trust deed. Federal judges cannot tell state judges what to do with property in their states, especially when MERS had a secondary or tertiary function of being a tax evasion broker costing cities millions and millions in lost recording fees. That's not going over too well with a lot of state judges either.
what would be even better is if some benevolent county sheriff started doing this, coordinated it with the local governments at the state level, and told the feds to fuck off, then cleaned up their own communities by offering affordible housing auctions, then used the proceeds to close state budget gaps
That would work until I came along and filed a subsequent document and took control of the property, changed the locks, put dogs in the house and put up no trespass signs. The problem with this situation is that nobody has any more right to the place than another. The original debtor-homeowner probably has the most reasonable right to ownership if he can keep squatting long enough that he can shoo away the other claimants.
not true if the local sheriff and local govt did it, part of the assumption is using local courts to obtain clean title to these abandoned fanny and freddy homes
Local government kicking you out of your home is somehow more valid than a bank kicking you out of your home ? That would require a good attorney and a very good argument methinks. If the original title records have become clouded or lost, nobody's claim supercedes anyone elses, and ownership by adverse possession would be in force. What you're talking about is government confiscating private property, and I doubt anybody would sit for that.
You missed the point. I was talking about ABANDONED homes that still sit on Fannie and Freddie (or other banker books). I was thinking that if a Mayoral CANDIDATE did this on his own initiative, how much better if local authorities took the initiative and made it LEGAL. I was not talking about homes still occupied by the owners. The original article also was not about this.
if the home was not abandoned the practice would violate unlawful detainer laws...
They will be OK as long as they don't Fock with any studen loans...those guys are touchy....
And will be the ones standing in the unemployment line or reassigned when the bubble bursts on the student loans.
I am half tempted to call this old fella and find out what it will take after a quiet title is finished on a home if we can get it off his hands for a little more than what he put into it.
South and west of Flagstaff near the white mountains look really nice in the cool pines to me now panting in the Southern heat.
I like that story. Excellent.
In my state it goes a long way when you pay the taxes when you convey the title. Wonder if he is paying taxes on all those houses. The local/state can put a lien on them and they will still get away from FNMA.
Gwar,
Interesting point. If you recorded the Title before the Taxes were due then they would not need to be paid before the registration of the Title. Could be a problem because the tax bill would go to the new recorded Owner. Would the Bank know to pay the Taxes?
With a Tax Sale property the person that pays the Taxes has to foreclose on the person of record to gain title.
What if he had another Company he Owned foreclose on him with a Tax Lein. Could end up being a real nightmare.
In Maryland you have to pay Transfer Stamps on the Assessed Value to record a Title if it is an arms length transaction. Could be expensive.
Folks, he's a Billionaire, think he gives a shit less about taxes?.
Never seen a hearse with a Brink's Truck following.
At least in my state, the commissioner of state lands issues a limited warranty deed regardless of whether the record owner (or other person) has been ousted from the property...
Further, I'd have some serious reservations about "foreclosing on yourself"... I'd have to think there may be an extinguishment somewhere along the line of any lien...
Also, tax stamps here are $3.30/$1,000 in sale price... can't fathom why some punk ass county would make you pay stamps on their assessed value... it's worth what the market will bring, not what they desire to collect in tax revenue... all grantees have to sign, under penalty of perjury (got some doubts about the enforceability of this provision), that the correct amount of stamps have been placed on the deed...
so, here you have a billionaire buying up poor peoples' homes for 100 dollars each and everyone on zh board is cheering. For sure if average joe tried to do this he would be getting a free ride to his new home in the back of a sheriff car but, no, this guy is a billionaire who "knows how to file a real-estate document that looks legitimate" so it's ok.
It's called "Touche La Idiota's!".The POOR peoples, have been LONG gone..................unaware of what they could have done IF they had some cash.
He simply is giving the GOOSE what's good for the Gander.
He's making the system WORK(I mean really work),to beat him,it will require the DOT folks to get their feces together.
This illegal, off the cuff way of business must END.
If the DOT folks can't do their jobs,then they need to be replaced.
They're laughing, and provisionally sorta "on board" because everyone knows the fiat, fake, fraud, fiction, fantasy, fractional-reserve toilet-paper debt-spewing criminals are the banksters and the central bank.
This guy is treating those scumbag predators the way they should be treated... with total contempt.
The system has become so utterly and completely corrupt that NOTHING is law any more. 100% everything that is done by the federal government and all of its agencies and all of its employees and agents is no more than "color of law"... which means PURE PRETEND... a total bluff.
Why should Bernanke and the rest of those predators get away with what they're doing? That's why this guy standing up to their bluff makes them laugh. A good laugh if you ask me.
You'd say it was hopelessly illegal, but then you realize that "legal" doesn't really come anywhere near banking and mortgages these days...so, have at it!
I was wondering when someone would pick this story up. It made the local Phoenix paper a few days ago. Good for him. And don't forget, we Arizonans are well armed.
when you are 80YO, you should be afraid of NOTHING !.......keep it up Mr. Home
I dug a little deeper on this story and I think i've finally found the recap of Wall Street vs Washington history based on your footnote here: http://www.youtube.com/watch?v=L6Vo11BdzF8&feature=player_detailpage
Hmm. I don't know what to think. But he better be careful which abandoned home he pees on leaving his mark.
Where we are, some folks simply burn it leaving behind ashes and a foundation for the bank.
And I believe Detroit simply bulldozes them and cuts services to the affected block. Including trash, fire, police and lighting etc.