? on Discharge of Mortgage

#1 02-08-2004, 12:05 AM

I am in the process of&discharging my mortgage with a BOE and I would like some advise on some approaches&on what my next step could begt; and what may be their next step from your best&experience,&FYI; These are my redemption steps that have been completed:& Charge back to Mr. Snow , Name Copyright 1st version, UCC 1 in birth state and mine, I have ctc3 and a few years of study.&To discharge I sent the Mortg.co.& a BOE,&copy of&CPN, copy UCC1, a special 8 pager VOD used with much success by other groups,&a& NPAT and PAT, an original payoff stamped Acc. For Value& etc..

& I sent Mr. Snow&his orig.&NPAT and the stamped copy of the payoff with the PAT copy&and BOE copy.

The Alleged lender sent it all back to me with an attached letter with all the items listed(good receipt! thanks ha!)that they recieved and signed.&They said REJECTED and said No Contract is entered into with me and the mortgage remains in full force(They also wrote on the BOE canot process no MICA).& They said the pre-authorized transfer was paper purported to be as such.&

& I returned the whole enchilada back with a Affid. of mailing , CONDITIONAL ACCEPTANCE OFFER OF PERFORMANCE & TENDER OF PAYMENT.(And a small post it on the boe&(FYI it is common knowlg. a BOE has no &MICA and does not process through a mica&reader)I also sent a second TENDER of PAYMENT in an affidavit form the next day, everything cert. mail of course.

&They defaulted again >and have kept the whole enchilada since.

I have received numerous requests for payments in the form of standard payment slips& to letters from western&union& and other third party venders etc..&and its always the usual stuff saying im only 2 months behind (trying to get me to go back into contract)& They have called&I sent a notice of not to call& only contact by mail.

They sent me a&letter saying they were going to&start a pre-forclosure& on the 1st &and hung a door hanger on my door knob saying please call us immed.& and took a picture of it.(there office is out of state)

Most recently they sent me another letter saying "they dont except paper perporting to be a preauthorized transfer in lieu of payment" and all documents sent pertaining to this "Bill of Exchange" are being turned over to the FBI. More dishoner& I stamp all their dishoner "RETURN FOR CAUSE WITHOUT DISHONER" ETC..and return I am dealing with one person the "litigation Spe******t"

I then sent them a "NOTICE OF ERROR REQUEST FOR INVESTIGATION" in which they have only a few days left to answer.& I know which documents are next .

I just got a phone message from them asking if i would "please call them& they would make me a great deal refinacing&the loan with some great terms if i would just call "

When i was 6 days late in the past i used to get a letter from their attorney saying they were going to forclose or accelerate the loan !& now i never hear from there attorney since i sent in the discharge&??&either she said& hey its discharged if you want to fight it& go ahead& im not touchin it or &im sure they are going to at the last minute in the 11 th hour& any ideas on this tactic?>

Does any one know what their next move might be ? or what they may have planned& so i can be a few moves ahead 

I have not utilized a Notary Protest& or any dishoner paper yet& &but if i do it will be sent via third party since i have heard useing a notary is not necessary or advisable&& can any one clarify with their own idea on this? I have heard that a SPOA is the ticket to closure I am in the process of looking at&one to modify this for mortgage usage, any ideas?

please since im still in the middle of this &if you see any errors in my past entries& email it private . 

::Not looking for legal advise just an opinion::

Thanks !!!

Never Never give up!&

Ice · #2 02-08-2004, 08:33 AM

Their next move will be to get you into court and directly after that they will forcefully evict you from the property.

Unless you can defend your property via the Land Patent... they win... temporary as it may be.

You will have to go through the appeal process to force obedience to the law... unless you can get a judge to state, on paper, what the law is in regards to the situation and the actions you/they have taken and use that to thwart whatever step they may take to remove you from the property.

By the way, if they sent your BoE to the FBI, they may be guilty of filing a "false report".

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#3 02-08-2004, 06:02 PM

hey, first of all, i would file a criminal complaint for extortion, blackmail,mail fraud the whole like you say"enchilada" because they threatened to report you to the fbi. Use the letter they sent you as evidence. A bill of exchange is lawful and they know it, they are testing to see if you are sure about it being lawful, its a negotiable instrument, equivalent to federal reserve notes and other promissary notes. By the way,write or call the office of the comptroller of the currency and get them to admit that a bill of exchange is equivalent to a federal reserve note. You can do it one of two ways. Request they send you the proof or send them a affidavit certified mail in which you state that a boe is equivalent to federal reserve notes and list the reasons why and if they fail to rebut it, they are in agreement. give them 30 days to respond. Cant hurt anything, you may want to use a boe for something else in the future and have that affidavit to fall back on. people have made the irs go into dishonor by requesting through affidavits certain information and when they go to court they can show the judge that they requested information from the irs so that they could stay within the law.

Ice · #4 02-08-2004, 10:32 PM

Why not just ask a judge to explain what the law is...??

A simple request from a judge shouldn't be that big of a deal... should it?

Wouldn't a judge KNOW and be able to explain the law and provide case cites to uphold his explanation?

Just thinking out loud...

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Jerseee · #5 02-09-2004, 12:35 AM

The judge could (an very well may) respond by saying, "I'm not your lawyer. If you need counsel hire a lawyer."

suijuris · #6 02-09-2004, 12:38 AM

I think it may depend on how you ask him. If you can put a question to a judge in a manner that you are seeking "judicial determination", wouldn't that be a more compelling way to get an answer?

#7 02-09-2004, 07:15 AM

Thanks for the replys to all&!& I will send the comptroller of the currency that letter i like that idea. I will have to go over my notes from last year on the uccsg& one person said& that you can file the notices of dishoner at the county recorder to keep title mucked up and the Sheriff out of the picture.& They have a local lawyer&in there town&they have used in the past, when i was a week late,& I am going to put them on notice with my copyright today, im sure they are working behind the&curtain and&waiting for the last minute.

&Is not all collection activity supose to cease when you dispute a loan ? They never responded to anything I sent& the VOD or the Tender of Payment .

A &group I speak with&is having success with Discharging with a "bond"& from what im hearing& they dont respond at all when they get itI have a feeling they are only digesting&the instrument. any one know of this ? &

Also I have ordered my land patent book from the Aware group and I am under the impression that you have to own the property first to get one?& is this true?

any more idea would be great Thanks

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Ice · #8 02-09-2004, 12:21 PM

Regarding the Land Patent: The land already has the Patent.& All you need do is assert your rights as an assign in said land patent.& There is a download containing legal cites in regards to land patent in the download section.

Yes, all collection activity must cease.& Note: FDCPA does not apply to "original creditor".

It is my belief that securing your rights in the land patent is the first step anyone should take before attempting to discharge&a mortgage.

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#9 02-09-2004, 09:23 PM

Thanks All ! I would not mind going into Court I feel I am in Honor at this point they have not answered anything I have thrown at them.&I have a friend in a&similar Situation that has discharged many mortgages and the attorney for the other side in Court&after months to prepare could only bring up that the&"BOE was a scheem" and he read about it on the internet and had no other proof that the process was not real, we think&the judge& made his mind up already listening to his argument.& Their counsel would only represent the case by phone on a three way even though he was 8 miles away.

& Te&Judge said he would make a decsion in a few days, then he called wanting some case law to final, so that looks very promising.& The facts are they cant come up with anything except for a bunch of bankers trying to bunk the process on web sites. Thanks for the ideas& .

#10 02-09-2004, 09:41 PM

ICE& I am looking for the land patents& legal cities in the download& is it still there&? I can find it can you show me how to get there& or forward it me ?

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Thanks