March 18, 2016
Why is the country angry?
72 million homeowners have been made peons by the financial institutions given permission by the Congress because the lenders were considered “to big to fail”. The voter now has decided that the offender must be punished rather than provided a golden parachute at the expense of the taxpayer.
Who is there among us that can do just that effectively?
CONFLICT OF INTENTIONS
A married couple, the “borrowers”, wish to make a mortgage loan so that they would be able to purchase a homestead that would be made their home. The mortgage closing date is set with the lender for the completion of the transaction called the “closing”. What is hidden from the couple is the intentions of the lender that will make them peons paying monthly for property they will never own making them renters only. How is that done right before your eyes with the help of law enforcement and the judicial system even though peonage and slavery is prohibited in America?
MORTGAGE STANDARD WITH NOTE EVIDENCING THE DEBT
A “lender” who makes a mortgage loan must have the promissory note that evidences the debt placed in a secure locked, fireproof container. (See EXHIBIT CFR-R 34 CFR 674.19(4)-Fiscal procedures and records)
The original promissory note secured by mortgage must have the mortgage of the real property placed on file at the recorder of deeds and mortgages at the courthouse in the county where the real property is located. (See Ala. Code § 35-4-51.)
The promissory note and mortgage must remain one unit and cannot be separated; therefore, once filed the mortgage is returned by the recorder to the lender. ALABAMA UNIFORM SECURITIES ACT page 46 Paragraph 11(a) evidence of indebtedness secured by a mortgage must be sold as a unit.
Once paid in full the mortgage loan promissory note instrument must be returned to the borrower stamped paid in full. (See Ala. Code 7-3-501(b) (2) and 7 CFR 1951).
The lender that is the “loan originator” can sell the note and mortgage unit to another lender. The assignment from the “loan originator” to the buyer must be an assignment recorded into public record so that the holder of the mortgage can be always known.
The holder in due course of the note and mortgage can delegate the collection of the monthly payments to a company that is the designated servicer. All changes to the service must be identified in writing to the borrower.
Should the “lender” elect to sell the promissory note, the assignment must be duly executed and the assignment placed on file in the same courthouse. Each and every assignment must be recorded. The chain of title must remain unbroken. (See Ala. Uniform Securities Act Page 46, Paragraph 11(a)) The purpose of the recording is to give notice to the world of the ownership of the property and who might have interest in the property, the holder-in-due-course of a debt instrument.
Only the holder-in-due-course with the properly assigned note duly recorded can liquidate the mortgage identified as the real property to be used to satisfy the note which is the evidence of debt. (See §7-3-305 Defenses and Claims in Recoupment). In every mortgage loan when the note which evidences the debt is paid in full, then the note must be stamped paid in full and returned promptly to the borrower. (See §7-3-501(b)(2)). When the borrower holds the note then it is clear that the note has been satisfied and taken out of circulation.
In a mortgage loan when a borrower default occurs, consent is given in the mortgage itself and that consent is called “power of sale” in that the property may be liquidated to satisfy the note which is the evidence of debt.
Prepayment of the mortgage loan note satisfies the loan taking the loan out of circulation by stamping the note “paid in full” and returning the note to the signers of the instrument note. The mortgage is thereby extinguished. Should the “lender” improperly refuse prepayment in full, (See American Jurisprudence §618) then the lender has defaulted and must pay treble damages as an operation of law, if a wrongful foreclosure has been conducted.
(See § 55-59.6. Foreclosure; civil penalty for fraud; civil action
C. The owner of the property subject to foreclosure has a civil cause action against a person who has violated this section, and shall be entitled to recover from such person compensatory damages in the amount of three times the damages incurred by the owner as a result of the violation in addition to reasonable attorney fees and costs.)
It is important to note that in a mortgage foreclosure based on a borrower’s default in payment, legal notice of the time and date of the foreclosure auction conducted with “power of sale” must be published in a local newspaper for three consecutive weeks (four successive weeks where there is no “power of sale”) or the sale is not valid.
When a creditor defaults by improperly refusing prepayment in full, the re-conveyance requires no legal notice publication. See American Jurisprudence § 618.
CONFLICT: UNSECURED CHECK WHEN SEPARATED FROM
The borrower couple’s “lender” wished to purchase a promissory note for resale, but wished to mislead the borrowers into thinking that they have received a mortgage loan with the real property to be purchased to become security for the mortgage loan in the event that the borrower defaults.
The “lender”, before the assignment transfer to a buyer investor, the actual lender, wishes to keep its dealings with the promissory note a secret, the usual legal term is fraudulent concealment. Why? Once the promissory note and mortgage is executed and delivered to “loan originator” it can be made into an electronic file after it has been scanned and then, to avoid duplication, the original can be shredded. The promissory note in electronic form can be delivered to buyer after buyer who actually came forward with funds to purchase the promissory note.
Freddie Mac’s procedural manual required physical delivery of the note and mortgage complete with the original signor signatures. The promissory note sold to Freddie Mac is stamped “WITHOUT RECOURSE PAY TO THE ORDER OF________________” and signed by a corporate official. The promissory note has been changed into a check separated from the mortgage and distributed into commercial trade. No mortgage loan has ever been made, which establishes that false instruments were filed. The “loan originator” is no longer the holder in due course and cannot foreclose with just a check.
Please note that to collect on a check which has no attached “power of sale” for specific property must publish four successive weeks of legal notice in a local newspaper. See Ala. Code § 35-10-3. What bank was the check drawn?
Again, when the “lender” defaults by refusing prepayment in full, re-conveyance is made without publishing notice. The lender cannot refuse payment in full.
Since the borrowers were made to believe that they were making a mortgage loan, they were not asked for consent that the promissory note be transformed into a check for distribution into commercial trade. Therefore, the check is circulated without consent. A false instrument is a “document”, a photocopy bearing no original negotiable instrument signature granting consent.
How the determination is made as to the “lender's” treatment of the promissory note is simple. Once sold a promissory note is not required to be returned to the borrower after the promissory note has been made into a check and put into commercial trade. A promissory note secured by a mortgage must be returned to the borrower if full payment is made. The return of the promissory note defines its being a check or a mortgage.
Central to the understanding of this conflict of intentions between the “borrower” and the “lender” is knowing that the signature on a piece of paper is the property of the signer and is of great value. The signature on a piece of paper constituting a promissory note, the instrument, which becomes tangible property and cannot be destroyed by anyone other than the signer. The signer can destroy the note once it has been paid in full.
The “loan Originator” destroyed the note after it was scanned and transferred to a silent buyer, identified as the investor, and before the false instrument paraded as a mortgage was filed in the courthouse records. No subsequent assignments are on record as checks require no recordation. Having been separated from the mortgage with no recorded assignment, the note is null and void making the mortgage unenforceable.
§ 7-3-305c implies that an investor having bought a check that is separated from the mortgage (a mortgage must be assigned and recorded), is without rights of a holder-in-due-course that is connected with a mortgage. Separation of the note and mortgage renders the note and mortgage null and void. Only the one entitled to the money secured is entitled to foreclose or the ownership of the debt. The holder in due course by assignment or the holder or bearer of the note at the time of foreclosure can foreclose. Ownership of the mortgage does not pass though indorsed in blank. Property cannot be transferred when the foreclosure deed is invalid because of lack of authority to foreclose. The assignment by an agent to a mortgage cannot be valid other than by possession from delivery of the instrument which consents to “power of sale”.
The couple first learns that something is amiss when a refinance to lower the interest rate is denied. A refinance notes and mortgage made to satisfy the first note and mortgage, would require that the first mortgage, when paid, be returned to the borrower. This cannot be done because the original has been shredded after made into electronic file. An electronic file cannot be stamped paid in full. The separated mortgage on file at the courthouse is a false instrument.
Should the couple elect to sell the homestead, no title can be conveyed because the electronic file and the false instrument recorded at the courthouse places a “cloud” over the title. Any potential purchaser requires clear title to the property purchased.
When the borrower wishes to make a prepayment that would result in the surrender of the instrument by the lender if full payment is made. The lender can only refuse to accept prepayment because there is no legitimate evidence of debt.
Once the payment in full is refused, a simulated foreclosure allows the lender to cover his fraud by taking possession of the homestead. When the couple refuses to abandon the property to the lender, the lender then seeks a judge’s order for eviction carried out by the sheriff.
Now the lender has shown himself to be above the law and secured law enforcement to beckon to his command. An IRS 1099A form is filed that identifies the true lender who then places the electronic file as an asset in an off the books accounting to be used in the Wall Street casino.
In summary, the “loan originator” lender sold its interest to several investors, but had failed to record the assignment of the transfer on public record. The “loan originator” lender used the separated mortgage on file with the County Probate Office as authority to foreclose claiming the check as a valid loan and lien. Publication was made for three consecutive weeks wanting all to believe that the false instruments were a mortgage loan, not a check.
No mention is ever made of the “loan originator’s” improper refusal of prepayment. After all, the financial industry states that they only foreclosed on those who do not deserve to remain in their homes.
Law enforcement presence at a non-judicial foreclosure auction is a state action eliminating a non-judicial foreclosure.
A judge is needed to deny trial by jury and to keep secret the determination of the true lender, the true holder-in-due-course, and the determination of the validity after the separation of the note from the mortgage, or if the mortgage is dead. These are but a few of the issues at controversy-- creditor default by improperly refusing payment, Slander of Title, and Default Judgment.
It is time for the voter to speak. Jesus cast out all of the money changers. The peons may do the same. Can you feel the anger?