Banks, Collectors, and CRAs Discuss the elimationa of secured and unsecured "debt", as well as tactics for dealing with debt collectors and credit reporting agencies.


Go Back   Suijuris Forums > Educational & Learning > Banks, Collectors, and CRAs
User Name
Password

Reply
 
Thread Tools
  #1  
Old 07-07-2004, 03:44 PM
HenryBowman
 
Posts: n/a
Fighting Foreclosure

Ok, Let's put our heads together.



First, the bank that (my commercia person) did a mortgage with is no longer in business. They merged into a big conglomerate.



Now, we have several pieces of the chain that are missing.



1. No certified verification has been presented.



2. The new bank has appointed a substitute trustee. They didn't have the authority to do that if they weren't the Note Holder, and thus the new trustee has no legal authority to act.



I need to compel the bank to produce the evidence that:



a.) they have certified verification

b.) that they are in fact the holder of the note



I cannot go into chapter 11. Short version is that I have no $$ to proceed as I need to proceed.



I need to do the Land Patent, but I haven't the time during the week when they are open for searches,



Quite frankly, it's crunch time, and I am crunching for all I am worth.



Another point:



The original note says that the first bank is the lender. The reassignment of Trustee says that the current bank is the lender. Hmmm



Reply With Quote
  #2  
Old 07-07-2004, 03:45 PM
HenryBowman
 
Posts: n/a
Fighting Foreclosure

Another thing on an Equity Line loan



What is a "debt evidenced by the obligation?"



Reply With Quote
  #3  
Old 07-08-2004, 07:12 AM
jmunson
 
Posts: n/a
Fighting Foreclosure

please correct me if i am wrong:



contract = obligation = evidence of a debt owing



jon
Reply With Quote
  #4  
Old 07-11-2004, 01:18 PM
Jerseee's Avatar
Jerseee Jerseee is offline
Come and Get Some!
 
Join Date: Oct 2004
Location: Texas
Posts: 2,837
Fighting Foreclosure

Well what was the consideration?



Was the bank at risk?



Did they loan you something? (banks cannot loan assets or create money)



I think these should be asked first and then certified verification. Copies are not going to cut it. You want to examine the originals.



If you are arguing then you should stop. Just ask questions. If they want their money hand them the CPN. If it was good enough to fund the loan--it should be good enough to discharge it.



what do you think?
__________________
"FOR AS HE THINKETH IN HIS HEART, SO IS HE."
Reply With Quote
  #5  
Old 07-11-2004, 01:30 PM
logos logos is offline
Practice Makes Perfect
 
Join Date: Oct 2004
Location: Connecticut Republic
Posts: 266
Send a message via AIM to logos
Fighting Foreclosure

It was reassuring to hear a lawyer acknowledge the validity of HJR192. I told her I tendered a CPN for payment to my mortgage company's debt collector for the amount of their settlement offer. She admitted that by doing so, I payed them. Ha!
Reply With Quote
  #6  
Old 07-11-2004, 07:04 PM
dashboy's Avatar
dashboy dashboy is offline
Practice Makes Perfect
 
Join Date: Oct 2004
Location: California
Posts: 329
Fighting Foreclosure

An Attorney told you the truth??????? HAHAHAHA! PRAISE GOD.... A convert!!!! PRAISE GOD!!!
__________________
I just figured it out! It's all for free!
Reply With Quote
  #7  
Old 07-12-2004, 12:08 AM
suijuris's Avatar
suijuris suijuris is offline
Come and Get Some!
 
Join Date: Oct 2004
Location: South Carolina
Posts: 1,511
Fighting Foreclosure

Better not post the attorney's name unless you want them disbarred!



__________________
When a statute, code, or court holding changes tomorrow, does reality change? Does truth change? Does right and wrong change?
If so, there are no absolutes, and the only logical conclusion is that reality, truth, and right and wrong are determined arbitrarily on a daily basis by those with the most power, guns, and money, and the rest of us can choose to run, fight, or be their slaves.
Reply With Quote
  #8  
Old 07-12-2004, 03:12 AM
logos logos is offline
Practice Makes Perfect
 
Join Date: Oct 2004
Location: Connecticut Republic
Posts: 266
Send a message via AIM to logos
Fighting Foreclosure

dashboy, suijuris:

Some interesting things from the aforementioned lawyer:


1) her acknowledgement of the reality of the STRAWMAN,


2) at the time, a recommendation to go to BBCOA.com for more info on the STRAWMAN and gaining control over it! needless to say, I was surprised when she said this!


3) i told her i thought the gold fringed flag in the courtroom meant the court was operating in Admiralty. she said it just meant they also heard Admiralty cases. I then told her almost all cases now seemed to be admiralty/maritime/law merchant. she quickly changed the subject.


4) numerous acknowledgments of HJR192, e.g.: an associate and I once teased her by saying we would gladly pay for her services ($175/hr). she sounded pleased at first, then realized what we really meant! she paused, then frowned, then said, "even though you f*ckers are right, if you pull that crap on me I'll shove your bullsh*t bond, promissory note, or whatever the hell it is up your a$$! cash up front!!" hahaha! also a validation of the use of bonds per Rice McLeod.


5) i've been helping this associate clean up his credit report. i explained to him how and why we were going to do it the way i proposed. he told me about a conversation he later had with her: the lawyer offered to do it for him for free. he told her thanks, but he didn't want her to do it. "why?", she asked. he said he didn't want her to do it "because you're gonna argue. that's what you people are trained to do, and i don't want to argue anything." "why not?", she asked. he told her he was only going to demand verification of what they were stating in the credit report and that "by arguing, i'd be agreeing what they (CRA) are saying is true". he says she paused, then said: "you're right. congratulate Mr. Logos on another win". a validation of what Jerseee and Ice have been saying all along--don't argue!


6) a couple of times I told her lawyers ultimately work for the Crown (the Queen Bee, as I call her). she neither confirmed nor denied it, but did agree that our system is based on England's. hmmm......


7) she said anyone may call themselves Esquire. it doesn't mean anything here, no law against it. she suggested i could place that after my name on the paperwork i send to debt collectors, etc., to be more intimidating.


8) I had her look over the PDF file on the Sarah Fugate case in Florida (mortgage discharge via BoE). I asked her why the judge dismissed the case without saying why or allowing for an evidentiary hearing. I already knew the answer, but wanted to see what she would say. For a long time she was evasive or gave lame answers. After much prodding, she said (quoting): Fine.. you didnt get this from me: He Knew she did all the right things, hence he ruled in her favor... now he didnt want everyone and their mother doing the same thing ...she used their rules to blow them out of the water .. ok logos .. you win dammit!!!


9) she tested me on honor/dishonor by asking: what would cause a loss in any commercial litigation? I said: dishonor. he who dishonors first, loses. "correct", she said.


10) the weirdest one yet: i told my associate what Rice McLeod has said about the courts assuming we are all incompetent, and how a lawyer's license to practice law is you allowing them to make legal determinations/speak for you, that you can revoke their power of attorney, even the D.A.'s or judge's because you have to grant them jurisdiction, and that you can declare them incompetent, etc. He decided to test her on this: he was joking with her and she said she could mess him up in court. he said, "no way. i can revoke you're power of attorney". "how?", she asked. "simple, just file a revocation of power of attorney form. they are all over the place". he says when he said that, there was a looong silence, almost a minute. he broke the silence by asking, "if I get into a jam, will you help me revoke the D.A.'s power of attorney?" she said, "no way will i help you revoke his power of attorney!". Damn! she never stated he was crazy or full of b.s. Later when I was chatting with her online I mentioned law was a stable profession. She said (quoting): Not really. My powers can be revoked at anytime according to (my associate). only one thing. he's friggin right." After discussing her comment with my associate, the only thing we think she could have been referring to was his initial discussion with her re revoking her power of attorney. I guess Rice McLeod is right on that one.


11) She admitted the tide is turning, that more and more ordinary people are using the courts and winning.



I hope members reading this will be encouraged by all this.
Reply With Quote
  #9  
Old 07-12-2004, 04:39 AM
Jerseee's Avatar
Jerseee Jerseee is offline
Come and Get Some!
 
Join Date: Oct 2004
Location: Texas
Posts: 2,837
Fighting Foreclosure

Good job Logos!!!



All, as you read this post by Logos--you will clearly see that lawyers/attornies/whatever they are--need to argue and need an argument in any form to validate their existence. Even the powers of attorney are not even a debateable issue and non-argumentative. If you do not start or entertain a debate--then there is no controversy.



Avoid the conflict--you can avoid the contract to argue.



Good job logos!!!
__________________
"FOR AS HE THINKETH IN HIS HEART, SO IS HE."
Reply With Quote
  #10  
Old 07-12-2004, 01:33 PM
logos logos is offline
Practice Makes Perfect
 
Join Date: Oct 2004
Location: Connecticut Republic
Posts: 266
Send a message via AIM to logos
Fighting Foreclosure

Jerseee:

Nice bit of social engineering, if I do say so myself.

I encourage all members to engage in such "intelligence gathering".



dashboy:

I don't think she's quite the convert. Just sympathetic.

She loves her career.
Reply With Quote
Reply


Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
for those facing a foreclosure jaylon Court 15 07-31-2008 12:19 PM
FORECLOSURE PROCEEDINGS: ******* HELP ******* networth Court 39 04-24-2008 03:56 PM
Foreclosure Question? Are servicing rights sold to foreclosure attorneys? gratisman Asset Protection & Estate Planning 1 10-10-2005 05:38 PM
Law Research Group weishaupt1776 Service Providers 23 08-31-2005 04:37 PM
Absolute defense to foreclosure Floridalawman Banks, Collectors, and CRAs 5 01-16-2005 10:32 AM


All times are GMT -7. The time now is 10:56 AM.
Powered by vBulletin Version 3.5.1
Copyright ©2000 - 2008, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 2.4.0
2003-2008 Copyright by Law Research Group, LLC Terms of Use | Sitemap | Privacy Policy | Notice/Disclaimer