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Originally Posted by scott
Thanks for the cites. I'm actually new to this site but am glad to see others doing what I'm doing, which is fighing my mortgage company in federal court (I started this) while at the same time fighting foreclosure in state court (they started).
Most urgently, I'm fighting foreclosure. The judge will decided on offering a summary judgment next week. But I've got the main gist of what you're talking about in both cases; that my note was an ultra vires contract because they don't have authority to loan credit, that they didn't disclose that to me, that they can't provide the original note, that they didn't give consideration, that they didn't use "lawful money" but "credit money" in their ledger, that they never signed the note, etc.
I'm pretty positive they won't produce the note. I was even informed in the mail several months back that it had been sold to someone else.
But I went bonkers yesterday freaking out with doubt about all of this stuff. Wondering if it was a scam approach that I had convinced myself had merit. So my question regarding your cites:
Do you know of people who have succeeded with this? Real people. Real cases.
That's my biggest thing right now. I need to find people who've been through it who can give me a word of encouragement, that I'm doing the right thing, that I'm right, that I have a chance.
In my federal case I'm submitting documents tomorrow contesting a disputure resolution agreement which requires I arbitrate before the AAA. I want to arbitrate in the ADR program of the court.
All help and replies appreciated.
Hey how do I make my response left-justify?
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Reply:
These are private contracts between youand the bank. By law they are prima facia only. They will stand on their face, but are in actuality void for fraud.
There are actually two transactions which occur at a
closing on real estate. The bank or mortgage company leads you to believe there is only one transaction going on. First is the actual closing where you paid for your property in full and the seller conveyed the property to you without lien or encumbrance. Second is the creation of the trust. If you go to your county recorders office you can get copies of the original warrantee deeds that the seller conveyed the property to you. There will be not only a date stamp but a time stamp on these. If you look at the deeds of trust that the bank had you sign, you will find that they are recorded also with a date and time. The date on the original warrantee deeds from the seller of the property to you will always be earlier than the deeds of trust or trust deeds, maybe only by a minute or two, but it is all that is necessary. In real estate conveyances, the rule "first in time, first in rights applies" in the perfection of a real estate security. In order for rights to move from "A" to "B", "A" must have had the rights first. You can not convey rights which you yourself do not have. The trusts created are void for fraud. Void things are as no things. Check your legal dictionary. Title 12 USC are the banking laws. rules, canons, or whatever, and they will show you how the banks operate. You gave money or equivalent when you gave your promissory note and it was accepted by the bank. Your warrantee deeds are paramount title if the bank can not prove they performed for the rights you granted them. If you already paid for your property, what was the consideration for the grant of a trust? Check 12USC1813(l) for definition of deposit and the sequential sections for clarity.
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