court on tuesday May 9 for summary judgment

[mr.yet]

This case is that the 1 st mortgage claims to hold the note, THey endorsed the note quote " Pay to the order of Ameriquest Mortgage Co. without recourse, Argent Mortgage Co. on signed by President and VP of argent ." and also states "pay to the order of _________without recourse,Ameriquest Mortgage. Co. and signed by the President of Ameriquest Mortgage and VP. This transfer was do with the during settlement June 2004.

Ameriquest send me the original document on 11/16/2004, stamped "Pay in full and satisfied" on the note and Ded of Trust. I know they are originals due to Blue ink signature. Argent is trying to get a Summary Judgment to have copies certified as originals to be recorded,-----Yes thats correct they never recorded the mortgage either. I hav not pay the mortgage since Nov 2004.They filed their suit April 11, 2005 and I have prevent them from getting a judgment sofar.

Now this has happen. Ameriquest and asignment and send me notice to transfer of serving right to AMC Mortgage Co. March 2005. This was done without the original note or deed of trust, which a I know is security fraud and will following up on when necessary.

have also challanged the jurisdiction of the court to hear this matter since the plaintiff has never show up for any hearing. I challanged subject matter jurisdiction since plaintiff has no empowered to court by thier presents.

I was wondering if anyone had any thoughts on this matter that I may have over looked.

[mnchicago]

mr.yet:

You are on a slippery slope if you do not have any
representation, and it sounds like not. Also, your post
is a bit unclear in details, or confusing.

You seem to imply that you have the deed marked
"paid in full and satisfied." If so, then what is the issue?
You have evidence that you owe no mortgage.

You need to check with the county to see if the mortgage
were, in fact, recorded. If not, I would get a hold of
some attorney and shut the mortgagee off cold.

It is not clear if there is/has been an assignment, for
that determines who can file the Complaint to Foreclose.
There is not enough information from you to make a
better assessment, at least from me.

Foreclosure cases, especially pro se, if that is what you
are, generally are rubber stamp events. What have you
been doing that has kept the case from being resolved?

You cannot question SMJ because the mortgagee is
represented by counsel, and does not have to show up,
and, you have already submitted yourself to jurisdiction,
so don't waste the court's time over that.

SMJ may be appropriate if there be something wrong in
the assignment, as an example.

More info is needed, and I mean legal specifics, which is
not really appropriate for this forum.

[Glenn]

Mr.Yet;

I hope you find this helpful. I must add I do not know your knowledge or background is take this as intended, What I would do.

This case is that the 1 st mortgage claims to hold the note, THey endorsed the note quote " Pay to the order of Ameriquest Mortgage Co. without recourse, Argent Mortgage Co. on signed by President and VP of argent ." and also states "pay to the order of _________without recourse,Ameriquest Mortgage. Co. and signed by the President of Ameriquest Mortgage and VP. This transfer was do with the during settlement June 2004.

I do not know what settlement in June of 2004 would be as you did not allude to the purpose of such settlement and at this time I do not believe this is of any importance.

Ameriquest send me the original document on 11/16/2004, stamped "Pay in full and satisfied" on the note and Ded of Trust. I know they are originals due to Blue ink signature. Argent is trying to get a Summary Judgment to have copies certified as originals to be recorded,-----Yes thats correct they never recorded the mortgage either. I hav not pay the mortgage since Nov 2004.They filed their suit April 11, 2005 and I have prevent them from getting a judgment sofar.

Here is where it should get fun, very, very fun. With the Original note and the Deed of trust stamped Paid in full and satisfied is the best news you could ever hear.

Check out this link and see if it gives you any ideas.

http://www.suijuris.net/forum/banks-...-showdown.html posting #4 these cases should help.

Now this has happen. Ameriquest and asignment and send me notice to transfer of serving right to AMC Mortgage Co. March 2005. This was done without the original note or deed of trust, which a I know is security fraud and will following up on when necessary.

How can anyone transfer serving rights to anyone on a note they hold no interest in?

have also challanged the jurisdiction of the court to hear this matter since the plaintiff has never show up for any hearing. I challanged subject matter jurisdiction since plaintiff has no empowered to court by thier presents.

Personally I would give the court jurisdiction and file a motion asking for discovery based upon newly discovered evidence and ask some real hard questions.

(I would file the note and deed of trust into the county record on top of your land deed to permanently show paid in full)

If they answer them in the affirmative you can produce a certified copy of the note and deed of trust in court and put an end to it all once and forever.

I was wondering if anyone had any thoughts on this matter that I may have over looked.

That is how I would start, by asking for discovery that will buy you some time to get things together.

Good luck and one more thing if all this fails just keep saying “I’m confused, I do not agree or consent to any of this”

Glenn

[Glenn]

Mr.Yet;

After sleeping on this statement, I think I am going to recanter and say I would not file these documents against the deed.

Without seeing the document I do not know what you are holding for shure.

(I would file the note and deed of trust into the county record on top of your land deed to permanently show paid in full)

Glenn

[mr.yet]

Deed of trust and Promissory note are both marked " PAID IN FULL AND SATSFIED", also a letter noting that the loan has been pay. First mortgage company, claims they still hold the note, even though they sold it to another company. The second company has since sold it to a third company and sent Notice of Assignment.

They are trying to get the court to certified copies of the incomplete note to record it. Their note doesn't have the "Pay to the order of Ameriquest Mortgage Company, without recourse, Argent Mortgage Company and sign.

I have sofar, prevented them for proceeding. The plaintiff has not shown up in court sofar they missed 2 hearing.

I have challanged the subject matter jurisdiction since the pliantiff has not empowered to court to hear the cause. I have challanged the copy of the note, also they are not the Holder in Due course, and demand production of the original note.

They have sent affidavits stating their claim from the vice prsident in charge of records, I have challanged those as hearsay, no Notory Jurat.

I do believe I have covered most everything, I was looking for any suggestion that may help. I plan to push for dismissal--they don t possess the note, and since a third company now claims possession, they In my opinion have a fraudulent claim before the court.

Also will demand dismissal for lack of Subject MAtter Jurisdiction.

Glenn thank you for the cites

[Glenn]

Mr. Yet;

I do not think I would move for dismissal unless it was with prejudice and ask for sanctions.

I would leave it up to the court as what the court deems adequate.

Good luck

Glenn

The most important thing you can do is to hire your own court reporter to be there with you taking the record the minute you step in the door.

I speak from experience.

If you do not do this in this instance, you will regret it.

Henry Franklin