MortgageKillerEX 2
MortgageKillerEX 2
MortgageKillerEX 2
Things to do list: All names are case sensitive-John Doe or JOHN DOE
The first thing to do is to understand what is really going on when a Bank ‘loans’ money. As
without the understanding you will have a hard time seeing what is stated in their letters as they
are using ‘code’ words developed by lawyers called ‘legalese’ that looks like English but has
different meanings than the spoken word English. Every thing defends on where you are on
the timeline in having your home taken away. If you have just received your NOTICE OF
DEFAULT on the fact you have missed 3 months of house payments then you are in good
shape and sending the ‘NOTICE OF SELF-EXECUTING CONDITIONAL ACCEPTANCE’
should slow them down considerably. You have plenty of time to study the DVD’s and Books
and Writings before proceeding with filing paperwork. If you have a NOTICE OF TRUSTEE
SALE then you have no time and your house will be sold, quickly, probably in 30 days time.
You need to file Bankruptcy paperwork immediately or at any time prior to the sale date to
stop the sale. You can find an online filing service for less than $300 and here’s a hint don’t
state you borrowed more than $0 dollars from the bank or the judge will state you have no
equity in the home and bump it out to be sold. You can call the Bank an ‘alleged’ creditor as
you do not have any proof yet. Once filed you will get instant protection from the Bank for at
least 30 days and probably more like 60 days. This will be enough time to get a default on
your paperwork you will submit to the bank and put you in a much better position. You can
withdraw from the Bankruptcy later before the Judge swoops down to take any assets. If a
couple months have gone by since you defaulted on the Banks Notice then start the procedure
and study the DVD’s and Books while your in the process. A word about attorneys, they can
be useful and work for your home but never with the same determination that you will have,
second they have sworn an oath to the BAR association that will cause them to abandon your
interests if the Judge requires them to, as they are obedient to the judge regardless and will lose
their lively hood by being disbarred if they don’t play along. You will be considered a child, a
ward of the court, incompetent to speak for yourself if you hire an attorney as he will have full
authority to speak for you even if it’s against your wishes unless you hire him as ‘co-counsel’
meaning he would have to consult you before speaking or acting in court. If you do not know
the subject you cannot argue the subject and will lose. If you are weak in spirit, you will cower
when they demean you and attack you in court. It is my hope that no one ever has to appear to
defend their rights in court as it is a den of vipers with a satanic atmosphere there, however
people have been victorious in court against Banks with a good hearted judge.
The following are the steps to follow to start becoming free of the unconscionable contract you
have with the Bank:
1. Find a Notary willing to follow through on a series of presentments you will make to
the original, and assigned: lender, trustee, and beneficiary of your home ‘loan’.
2. The Notary will notarize your signature on various debt validation letters (perfectly
legal for them as that is their normal function to verify signature/autographs) and act as
the presenter by doing the “proof of service” papers (see an example of a proof of
service in this disc) and you will require any responses from the bank to be sent to your
Notary for verification as a 3rd party witness. The Notary can do anything anyone else
can do and does not use their ‘seal’ or stamp on the proof of service, it would be illegal
to do so, they are just acting as a private party. The beauty of this is that the bank
cannot claim they were ignorant of the notary being a duly licensed notary because they
can witness the notarys signature and seal on the documents the notary notarized (the
DEBT VALIDATION letters).
3. The first set of Notices you will send to the bank, trustee and beneficiary are the
CONDITIONAL ACCEPTANCE OF DEBT UPON PROOF OF CLAIM OF DEBT
(see this document in this folder, and the QWR.
4. You will also send a QWR (qualified written request) demanding more or less the same
proof of claim of debt owed, to witness the original promissory wet-ink signature
document, copies of the loan application documents, and the accounting for this alleged
‘loan’. They will be happy to supply these documents and you need them.
5. The Notary will make a proof of service and sign it using their address as the return
address to send any response the bank, trustee, and beneficiary would be sending in
response to your demands.
6. These notices will be sent by Certified Mail with green signature return cards to gather
court admissible evidence. You can use USPS track and confirm
http://www.usps.com/shipping/trackandconfirm.htm to verify delivery and I would
print off a copy from Track and Confirm about 5-7 days after posting your letters to
confirm delivery. Also, always name an individual party as the recipient, ie find out
who the CFO (chief financial officer) is of the Loan servicer or Bank, etc. Google it,
search it out, and if you can’t find out who it is just address it to CFO C/O (care of) the
BANK OF AMERICA or whoever your lender was. That way you can subpoena the
flesh and blood man or woman as you cannot put a corporation in jail, only people go
to prison. You want a man/woman to sweat going to jail for not responding to your
letters.
7. The QWR’s grant 60 days to default but must be answered that they received it and
acknowledge it, within 20 calendar days after receipt. The Debt validation letter is a
‘counterclaim’ as they claim you owe a debt, so you have a right to put in a
‘counterclaim’ against them. The response time (in courts) for a counterclaim is 21
calendar days and failure to respond in 21 days results in a default judgment.
8. After 14 days from the time you mailed the debt validation letter, mail the first
opportunity to cure letter, giving them a second chance to cure their ‘dishonor’ for
failing to answer your demand for proof of claim. When someone sends you a demand
it is a dishonor if you have a contract with them to not respond and answer the
questions.
9. After 21 days from the time of their receipt of the Debt validation letter if they don’t
respond or if they fail to answer each point you will send them a NOTICE OF
DEFAULT that barrs and estoppes them from claiming they are the creditor and lent
you any ‘money’.
AFTER you send the default you have the right to state they breached your original
contract for the mortgage. After all the mortgage paperwork states “for a loan I have
received” when in fact you were never given a “loan”, the word “loan” was never defined
in the document (promissory note), and they have failed to prove you actually ‘borrowed’
any “money” or even any “credit” from them. Now you can lawfully “cancel” the deed of
trust for cause. What cause? the fact that they didn’t have the elements of a lawful
contract in place, ie. there was no “full disclosure” or a “meeting of the minds” wherein
you were told they deposited your ‘promissory note’ and credited you account and created
the funds from thin air that they advanced to the ‘seller’. 2. they didn’t give any ‘valuable
consideration’ , what did they give you of value? In order for them to have given you value
they would have to suffer a ‘loss’. Could they claim they would suffer a loss if you don’t
pay them money if they created the money they advanced from thin air? and 3. there was
only one signature/autograph on the contract and any contract where you are the only
signer you can cancel it as you don’t need there approval as they didn’t sign it. See Tom
Shauf’s Bankers Manual contained on this disc for a full discussion on the banking loan
business. In addition to sending off the FINAL DEFAULT you send off the Cancelled
Deed of Trust as noted below.
10. So you take the Certified copy of the Deed of trust and stamp each page with the
cancellation stamp and make the document null and void through cancellation. See the
JP cancellation articles (JP Foreclosure free) in this folder. You have to ask for the
Loan application (origination) documents you signed, for your ‘loan’ from the bank and
they will send you copies. You will do the cancellation stamp on these as well as you
are canceling your loan application documents as well.
11. Now you will need to file a NOTICE OF PRESERVATION OF INTEREST at the
county recorders office with a copy of your cancelled Deed of Trust, and debt
validation letters stating that you have an interest in the real property (your home
identified with the assessors information) for the total amount of the loan, after all it
was your promissory note that created the funds, so you are technically the ‘lender’.
12. You will also benefit from proving the bank sold your mortgage to Wall street as a
Mortgage backed security and have a pooling and serviceing agreement with a ‘trust’.
You can get this information in a Securitization investigation for about $1500. An
example is here http://www.consumerdefenseprograms.com/ . My friend (mortgage
broker) in California can do them. You will get ‘proof’ they sold your note and once
the note and deed are separated they have no lawful authority to foreclose on the
property. However in the world of evil, where the bankers run the country, own the
country, run the courts, and are very arrogant, don’t be surprised if the judge refuses to
‘see’ any of your ‘evidence’ and decides to keep it from being presented. You can have
a ‘smoking gun’ and still not get justice. However there are plenty of judges aware of
the total scam, are disgusted with all the greed and are ruling against the bankers and
their evil machinations. Have conviction, hope and make yourself and your interests
known.
13. You can try to do a freedom of information act request to the IRS to have them give
proof of the bank getting paid the full amount of the loan when it was originated in the
form of a tax form 1099OID (this will show your secret strawman account paid the
ORIGIANAL ISSUE DISCOUNT- OID) and the IRS form will show they collected it.
and again 3 years after the origination they (the Bank) will apply for a 1099A (A =
abandonement of the funds and acquisition of the funds by the bank), lovely, they get
paid the full amount while claiming you still owe them? That is fraud. Remember
evidence of their fraud can land them in jail, you can file an FBI complaint for
fraudulently stating that you owe them money when you don’t, you can file a complaint
with Guy Cottrel the chief investigator for the US Postal Service for ‘mail fruad’.
Anytime someone lies and states you have a debt through the postal service by sending
to you in the mail it is mail fraud and quite serious.
So the above is my efforts at getting the banks to fess up to being villains. I have sent 4 notices
like the ones presented here and each and every time the bank, title company and beneficiary
have failed to respond with anything other that uncertified copies of the statements of
payments, loan applications and deed of trust and promissory notes but never any affidavit that
they ‘loaned’ any of their money to the alleged ‘borrower’. They will never give you proof
to hang themselves with. They like to state its your fault that you couldn’t pay them the money
you borrowed. I agree, however it’s their fault that the house cost $300,000 or $500,000 or
whatever, because without the easy money offered by the banks no one could pay that kind of
money and every seller would have to settle for much less. Would that be nice for you? Sure
would, It would make the payments to the seller (who should get the money and interest) less
and everyone would benefit. The seller would have a true right to foreclose because he lent his
labor, not money printed up for free and the admonition of the Bible “the borrower is
subservient to the lender” would hold true. You have to actually ‘borrow’ real money, real
labor, real value before you can be a ‘borrower’. The bankers have caused every war, every
famine, every depression, every malady all in the effort to acquire wealth.
The recorder will have the Deed of Trust and you need a ‘certified copy’.
The first number will be the year (i.e. 2004-4940868 would be the year 2004). Ask the Clerk
for help finding it, and for a “certified copy” it costs more but is proof of being an exact copy
of the original and will be stamped to show it is a “certified copy” .
If you have trouble with your County Recorder filing documents you can get them filed online
in texas by sending the ‘originals’ and they will stamp them and return them to you and post
them in a pdf form for ‘all’ to see on the web. Then you could post your legal notice in the
newspaper qualified for running legal notices and reference your online posting? Worth a shot.
Record online here: www.nationalrepublicregistry.com/ they charge $8 for the 1st page and
$2 for each additional page, a lot cheaper than the County Recorder but the county is the
ablsolute preferred place to give notice.