11-01-2007, 05:40 PM
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Unplugged
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Join Date: Aug 2007
Posts: 177
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Quote:
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Originally Posted by macerico
TThis is all fraud. Every time it is exposed in court, the bank looses. This is why they never want to debate the paper trial. Nobody has the right to make something out of nothing, so this is how you supposedly win and get to keep your stuff....the bank broke the law, the bank cannot prosper.
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Can you provide citations to a couple of cases so we can read up on them? |
11-03-2007, 07:49 PM
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Come and Get Some!
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Join Date: Nov 2005
Location: Illinois Republic
Posts: 3,313
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Quote:
Originally Posted by macerico
TThis is all fraud.
Every time it is exposed in court, the bank looses.
This is why they never want to debate the paper trial.
Nobody has the right to make something out of nothing, so this is how you supposedly win and get to keep your stuff....the bank broke the law, the bank cannot prosper.
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Quote:
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Originally Posted by KarenM
Can you provide citations to a couple of cases so we can read up on them?
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First, not all court is held in BAR Association brothels.
Second, banks (the "bench" is a bank), will not publicize or continue a proceeding if it is apparent that the man/woman is competent to hold his/her Constitutional court, and that the scam will be exposed if they allow that court to procede.
The "bench" (bank) though, may be pigheaded and/or stupid.
The following, with the attachment, does not address mortgage "loans," but does address that which "funds" them.
Quote:
FOURTH JUDICIAL DISTRICT COURT
COUNTY OF SAN MIGUEL
STATE OF NEW MEXICO
NO. 03-188-CV
METRIS COMPANIES, LLP.
PLAINTIFF,
VS.
Margaret Edwards,
Defendant.
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Quote:
FOURTH JUDICIAL DISTRICT COURT
COUNTY OF SAN MIGUEL
STATE OF NEW MEXICO
NO. 03-188-CV
METRIS COMPANIES LLP,
PLAINTIFF,
VS.
MARGARET EDWARDS,
DEFENDANT.
ORDER
This case having been set for a trial on the merits on February 8, 2005 at the hour of 9:00 a.m. pursuant to the Amended Notice of Hearing filed on October 28,2004, and defendant having appeared at 9:00 a.m. ready to proceed to trial and the court having waited until 9:30 a.m. for plaintiff to appear, but plaintiff not appearing; and the court being fully advised and informed in the premises,
IT IS, THEREFORE, ORDERED by the court that this case is dismissed.
DATED this 8th day of February, 2005.
(......signed......)
JAY G. HARRIS
DISTRICT JUDGE DIVISION II
CERTIFICATE OF MAILING
I hereby certify that on the 8th day of February, 2005, a copy of the foregoing order was mailed to Edward Connelly, Metris Company, LLP, Kierland l, Suite 300, 16430 N. Scottsdale Road, Scottsdale, AZ 85254 and Margaret Edwards, 739 Dalbey Drive, Las Vegas, NM 8770l.
Roberta J. Sena. TCAA
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Last edited by mrg : 11-03-2007 at 08:57 PM.
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11-03-2007, 08:05 PM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
Posts: 5,397
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There are only a few things one has going for them in challenging a lender regarding a mortgage
The one taking a mortgagee to court 97-99% of the time only has an unauthenticated photocopy of the alleged note.
One could call the Comptroller of Currency to investigate whether the original lender ever had a contract with you
One could subpoena the original lender's books and see if the "loan" was recorded as an asset or liability with a forensic accountant as an expert witness to verify
Last edited by weishaupt1776 : 11-03-2007 at 08:07 PM.
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11-03-2007, 08:55 PM
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Come and Get Some!
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Join Date: Nov 2005
Location: Illinois Republic
Posts: 3,313
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Quote:
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Originally Posted by weishaupt1776
There are only a few things one has going for them in challenging a lender regarding a mortgage
The one taking a mortgagee to court 97-99% of the time only has an unauthenticated photocopy of the alleged note.
One could call the Comptroller of Currency to investigate whether the original lender ever had a contract with you
One could subpoena the original lender's books and see if the "loan" was recorded as an asset or liability with a forensic accountant as an expert witness to verify
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Mortgages are a B*t*h.
Number three could be a good one seems like.
If you could subpoena the original lender's auditor, as well as the books (and bookeeper?) and, on the record, under oath, make him/her the forensic accountant/expert witness by asking the right questions, that would be very good I would think.
Number two sounds interesting.
How would that play out, and what is the likelihood that there is no contract?
For number one, it seems like the scheißter in the robe just steamrolls over that one pretty often.
How do you overcome that?
Good info.
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