Mortgage companies already know

[dashboy]

Obviously, Manros is in a heap of trouble! I know because I have been there! However, Manros has failed to study or even research Sui Juris.net for the facts! I don't mean to sound condescending, but if you had done a search on Sui Juris you would see that this discussion has been tossed around time and time again since SUI JURIS.NET inception!!

The banks own Federal and state statutes (Title 62 of the Revised Statutes/ and others) tell you they can not withdrawl their own money and loan it to you! THEY ARE FORBIDDEN BY LAW FROM USING THEIR OWN MONEY!

They certainly cannot use other depositors money without first securing the depositors written permission. When was the last time you went to the bank to withdrawl $50.00 from your savings account and the teller told you, " Oh I am sorry Mr. Manros but we cannot give you your $50.00 because we loaned it out to Billy Bob Thorton so he could buy some nastyboy magazines"! I hope you see my point! These funds are called DEMAND DEPOSITS and must be there for the owner to come and withdrawl at any time on DEMAND!
They do not use these banked funds because they are not their's to give! Its an impossibility!! If they did it without permission it would be called breach of fiduiciary duty and GRAND LARCENY!

In your case, a mortgage (DEAD DEED) loan, the bank utilized a warehouse line of credit also known as a (SPECIAL PURPOSE VEHICLE or SPV better known as a TRUST) to buy an interest in not only your loan, but a POOL of LOANS bundled together to act as the collateral for a security signed by the bank to the INVESTORS. You were not part of this side deal or even suppose to know about it! The reason the bank is doing this side deal is to get your loan off of their books in addition to making more money (DOUBLE DIPPING) off of your ignorance.

However, this changes nothing of the fact that the bank is not the LAWFUL creditor nor is the investor.

In fact, they even told you who they were, THE SERVICER! IS A SERVICER A REAL PARTY IN INTEREST? Dou you know what a REAL PARTY IN INTEREST is? I think you need to demand a more definite statement when the time comes that they file against you! Hope you are ready by then!

If it were me, I would find a way to bring my payments current then sue them for Breach of Contract because they lied! Well did'nt they?

For informational purposes only!
Hope this helps get you mind going in the right direction!

dashboy~

[rottweiler]

I am not giving legal advice, just food for thought.

American Jurisprudence, Second Edition
Copyright © 2006 West Group

Kim Theresa Castelaz, J.D.

Cancellation of Instruments
I. In General

13 Am Jur 2d Cancellation of Instruments § 2

§ 2 Cancellation as equitable remedy

Judicial cancellation or rescission of an instrument is an equitable remedy,15 Indeed, in jurisdictions recognizing separate courts of law and equity, a law court could not require the surrender or cancellation of a note or restrain the negotiation of it.16

The maxim that one who seeks equity must do equity applies in cancellation suits,17 and is the basis for the requirement that a person seeking cancellation of an instrument must, as a condition to obtaining such relief, ordinarily restore the other party to the position which he or she occupied before the transaction in question.n18 § 32.

[manros]

david merrill, dashboy, rottweiler, I am the most thankful for this new light on the subject. I am most thankful for all the posts I have being reading here since I started this with my question.

Thanks to you too, WB, since you act like a good mirror for the elements of this discussion.

I have been learning these things lately. This site is huge and the information is diluted among the thousand posts. Highly informative, yes, and I am delighted. But I lack the knowing on how to create a system/structure to learn A,B,C,D.... As of now, I see C,F,T...Information overload? But I see the light at the end of the road.

At this point, I am almost ready to let go of my home. But not without learning as much as possible. Not without putting up a fight for the principle, at least. There is a good chance to discover how this all works, when the principle turns out to be more important than our own group.

[manros]

oouuuuuuuuuup! I meant ROOF not "group"
Yep, with the home or not, I will find out all about this. I want them and all the details to be exposed.

[dreloc]

Make sure you satisfy your contract with the King.....Or figure out other ways to pay him...the spineless bastard..