MY case needs professional lawyer help that truly understands what President Andrew Jackson was warning us about in 1835 when he said” If the Americsan people ever decide to extenuate the existing banks or establish another like it” now hear we are My suit “Wrongful Foreclosure” was filed in Pierce Co. WA April 29, 09but we ran out of money for the lawyer, Richard Shepard, Tacoma . But his work spells out their crimes and my Complaint addendum tells the story of the interuption of our plan to home school our three kids and sold our farm for $900,000. cash and bought tobe near the tech school for aviation mechanics which they both are liscensed A&P But now scate for Disney on Ice temporarily while waiting the rest of their tuition money and the twin airplane we sold to trey to satisfy the bankers effort to steal our house. Need help and like your understanding of the entire banking violation of our Constitution. Thanks Ron Moss
Who puts thousands of dollars down to buy a home when they know that they cannot make the payments? Only a fictitious person.
Who says that the mortgage crisis was caused by people who bought houses that they couldn’t afford? Bankster shills and the very few fools who believe all of the bankster shills’ BS.
Why do so many judges ignore the law to help banksters steal homes? It is the same reason why we were supposed to have jury trials. Judges have always sided with those who can buy them off.
How come the prosecutors don’t prosecute the banksters and the judges who committed blatant crimes to steal the homes and life savings of millions of American? It is because prosecutors also take cash and look the other way while the rich and powerful commit crimes.
We must ask ourselves that as puppets in this system, and that’s all we really are, if you are going to get pushed around then why not do some pushing around yourself. After all, we are all playing the free enterprise game and it is now time, as players, to step up and capitalize!
We must recognize that opportunity is now knocking, so why not try to capitalize on the good fortune that the other players have created for us? It is time to stop blaming others and get back in the game
The time is now…let’s hit our home runs one after the other…we the American People!
@ Ramona: It doesn’t matter what anybody tells/offers/promises you. Stop trying to blame others for YOUR stupid mistakes. Common sense should clearly indicate that one CANNOT and SHOULD NOT take on a massive loan if one cannot ever hope to pay it off. Face it: most of you GAMBLED & LOST.
lol as stated below…the bank checks pay stubbs , employment, bank statement so you are not pulling any wool over my eyes. the bank , realtors,etc.manipulated all thepaper work . this was a scheme to defraud.
RAMONA
November 22, 2010 at 11:49 PM
the homeowner never had their hand on any money to begin with. just bank to bank ..all imaginary transactions. so how is it the homeowner owes anything? the bank got their home back to sell to some other sucker. just a signature… that is all the bank wanted and they got it so they could commit their fraudclosuregate.
Obviously you must either work for a bank or the government…oh yeah, there’s no difference. You have no idea of what you are saying. This is fraud upon america and you must be lucky not to be involved in the biggest fraud upon america in this nations history. Take a look at a few of the servicing and pooling agreements on the sec site and look up merrill lynch for kicks…or how about JP MOrgan? those are great examples and see what that involves. You won’t believe the massive fraudulent securitized pools…..oh yeah, they are not securitized, they forgot to pay all those fees to record them! Wake up! If you work for the greedy guts above, I suggest you find a real job…unless lying is fun for you too. Debra
The banks are getting away with breaking the law with all this foreclosure mess they have created by not following proceedure. I bet in the end they will prosper…
You know who’ll ‘prosper’? The deadbeats who have been living in houses without making a single goddamn payment for MONTHS, all the while crying & moaning & whining as they try to shift the blame for their OWN stupid financial choices onto the OTHER fraudsters who gave them a loan to begin with.
I’m sick & tired of hearing about “foreclosure fraud”. How about focusing on the deadbeat borrowers who knowingly committed MORTGAGE FRAUD?
RAMONA
November 22, 2010 at 3:56 PM
FRAUD WAS COMMITED AGAINST THOSE PEOPLE…THE AMERICAN HOMEOWNER ISTHE INNOCENT ONE IN ALL THIS!! THEY ARE NOT THE ONES WHO COOKED THE BOOKS TO MAKE A PROFIT. ALL THEYB WANTED WAS THE DREAM OF OWNING A HOME. YOU ARE THE ONES WHO DIRECTED THEM INTO THE OVERLY PRICED HOMES THEN TOLD THEM THEY COULD AFORD THE 700 DOLLAR PAYMENT THAT BALLOONED INTO 3000 DOLLAR PAYMENTS. THE HOMEOWNERS ARE NOT THE ONES WHO COOKED UP THIS WHOLE SCHEME. THIS TOO ATTORNEYS, BANKSTERS,CONGRESS, COURTS ..NOT THE AVERAGE AMERICAN FAMILY .THEY ARE NOT THE ONES WITH THE CROOKED HIGHER EDUCATION THAT KNOWS ALL THE LEGAL MUMBO JUMBO. SO BLAME THE RIGHT CROOK
Officer of the Law
November 23, 2010 at 5:35 PM
F’king Mortgage Fraudster
It is nice to see a bankster shill with the guts to come out and admit it.
By the way, the prosecutors don’t go after any of the homeowners for mortgage fraud because it was all committed by the banksters.
Of course, the prosecutors will threaten to prosecute homeowners who keep pressuring them to hold banksters accountable.
See my comment below for more about why the banksters and their cronies in government get away with their multitude of crimes.
Does anybody really think these judges do not know what is going on? Think they are all suffering from dementia? This is about money and power, thats all, period! Prosecutions and jail should be the immediate future of all involved…… not to mention the suicides and loss of life due toTHIS CATASTROPHIC FIASCO.HOLD ALL ACCOUNTABLE!
THANK YOU!!! Was just thinking this over the weekend that if I can educate myself, they sure as hell should ! At the level in the education systems, they should have figured it long ago. It’s all one big scam.
RAMONA
November 22, 2010 at 3:44 PM
they all knew …the average person doesnt know because they didnt expect all of the above were going to rob everyone. these are people we trusted to help us.this is in all levels through out our country , they are robbing the american people. we have no protection anywhere we turn ..there is no one above helping the average america. the key word AMERICAN.
That’s RIGHT: hold ALL accountable, including the deadbeat asswipe borrowers who took out $600K loans on their $10 per hour salaries.
RAMONA
November 22, 2010 at 11:29 PM
When we bought our home, we had to show our bank accounts, pay subbs, etc. HOWDOES A BANK GIVE A LOAN OF 600K AND NOT KNOW WHAT WAS BEING EARNED? Who are you trying to fool?
I have given up trying to find my daughters note/mortgage. Its an ARM..March 2003. I found the AR’s series for that year..wrote everything down..for every series I could find. I read the Prospectus for each one, including the prospectus before that time. This is what i read.. ‘The Trustee will not have physical possession of the mortgage notes..owned by the Trust. Instead to facilitate servicing and reduce administration costs, Washington Mutual Bank fsb, a wholly owned subsidiary of Washington Mutual Bank, the servicer of the loans, will retain possession of and will review the mortgage notes and mortgages. FUTHERMORE, the mortgage notes and mortgages will not be stamped or otherwise marked to reflect the assignment to Washington Mutual Mortgage Securities Corp. and then to the Trust. ‘ That is what I learned from the prospectus. It tells me the Pool and Servicing Agreement will list a schedule Exhibit D that will tell everything of each mortgage in that series. That is where I would find it. So PSA…I head to find the info..300 + pages…only to see in all the PSA for AR’s series of 2003 Exhibit D was deliberately omitted. What kind of crap is this? After all my work it told me nothing except Washington Mutual kept the mortgage note and never stamped them or assigned them. So was this their practice to sell the notes many times? Or was this done knowing most or all the mortgages were foreclosure bait…and they would have the original notes to prove ownership in foreclosure? Now to see what Chase sends for the list of 20 plus documents that a motion requested in July…and their motion for more time to respond…4 months and counting…they had two chances in court already…and the fight goes on…
Have you tried looking up this loan on fannie mae or freddie mac website yet? It’s pretty easy and you can at least find out if either one of them actually own the loan. If not then you know it is indeed sitting in a trust somewhere or it doesn’t exist. One of the places that a ton of notes were being stored was in LA, and when hurricaine Katrina hit, it took out the building that stored those. So it might not even exist anymore. Good Luck with your search. I’ve been through this too and it took me three years to finally find mine. Fannie Mae owns my loan and not Wells Fargo as the Foreclosure Complaint states. Let me know if I can be of futher help. Rebecca at bankingwiththeenemy@yahoo.com
RAMONA
November 22, 2010 at 3:48 PM
lol oh know its hurricaine katrinas fault the notes are lost
there is always some convincing reason why the men in dresses (JUDGES) have missed the fraud that is flying past their faces hundreds of time per week. These are the people that dispense justice in this country? The jails are overflowing with people that claim they are innocent and the real criminals are sitting in their penthouses looking down and laughing at everyone for being so stupid. Get a rope and clean house.
Thx for pointing this out. It’s not just mortgages that are BS. This practice permeates the justice system. Statements of attorney’s either orally or in briefs are not facts. There are 1000’s of cases that go all the way to trial with the defendant rotting in jail without any facts on record. The trial testimony ex post facto justifies the arrest.
There are so many fraudulent warrants and complaints it’s almost mind boggling.
Far too many judges will take cash and rule in favor of criminals such as big banksters who used fraud to steal the homes of millions of American families. These crooked judges get away with accepting bribes and violating the law requiring them to follow the standards for due process because the prosecutors will not prosecute them.
In case you are wondering why the prosecutors don’t prosecute judges who break the law, all of the prosecutors are crooks who take cash from the rich and powerful and screw over the average American. After all, who will prosecute corrupt prosecutors when they break the law?
When tyranny and injustice rule our country, what amendment gives us the right to hold criminals accountable? Think about that for a second.
Two things regarding the Banksters who usually file a 2-count foreclosure complaint: Count 1 for foreclosure of the mortgage; and Count 2 for reinstatement of a “lost” note.
1) They say the note is lost, but–if we could see the records–the Banksters never file a “Lost Note” form with the government. This is supposed to be mandatory for securities. They don’t file the form, because the note was not really “lost,” it was destroyed by the Banksters. As the Bankers Association told the Florida Supreme Court, the Note is destroyed to avoid “confusion,” but not before the scan the Note and make a digital color copy so they can sell the note multiple times without paying recording fees to the local county government.
2) In the “Lost Note” Count of the Complaint, the Banksters sometimes say that they are “unable to obtain possession of the Note.” Then, weeks, months or years later, they file the “original” note. The defense (in Florida) is that the Bankster did not have possession of the note on the day the Complaint was filed.
Mr. Chaney you are so right. I used the same two defenses in my foreclosure case the judge specifically told me “I have a mortgage and must pay it so do you.” Rubber stamped my complaint and sided with the plaintiff. In reference to Count I above, if note is lost as Plaintiff indicated according to “Securities Exchange Act of 1934. Rule 17f-1–Requirements for Reporting and Inquiry with Respect to Missing, Lost, Counterfeit or Stolen Securities (c2 and 7) they must complete Form X-17F-1A.” Whomever is foreclosing, if they did not report it before filing foreclosure complaint, then the note isn’t lost. Count II-In Florida owning and holding a note and mortgage as of the date of foreclosure complaint is an essential element of a cause of action for foreclosure. NOTE is the I O U, borrower promises to repay the debt. The note is crucial because it is the evidence of the debt. Note is also held by the trust if not otherwise the note does not exist. The MORTGAGE only documents that the house is the collateral for the note. When I took and sold my car to the dealer I had to present the ORIGINAL CERTIFICATE OF TITLE from Tallahassee and not a copy. So why is it good for the Plaintiff to say the NOTE IS LOST AND SAID DOCUMENT IS NO LONGER WITHIN THE CUSTODY OR CONTROL OF THE PLAINTIFF. But six months after filing the foreclosure complaint what is suppose to be the ORIGINAL NOTE AND MORTGAGE is filed into evidence and with no OTHER DOCUMENTS OR AFFIDAVITS attached. I told the judge Wells Fargo was not entitled to enforce the instrument (UCC Section 3-309(a) )and that they must prove their right to enforce, Shapiro & Fishman indicated to the judge the ORIGINAL NOTE AND MORTGAGE was filed, judged asked the plaintiff lawyer S & F to show me the ORIGINALS, guess what, they were only black and white copies of the same things that were attached to the complaint when we were served our summons. Something else uh!!!!!!!!!!
Stupendous Man - Defender of Liberty - Foe of Tyranny
Read the depo of Angela Nolan, available here on 4closurefraud. She describes the “back office banking” of JPMorgan/Chase. Her testimony contradicts the “destroyed notes” and “electronic copies” theory.
It is nigh impossible to keep up with everything and I do miss a fair amount of “stuff,” so it is possible I have missed case law in support of the destroyed/electronic theory. If you have seen such case law I’d appreciate if you’d post links to them. I would very much like to take this out of the “theory” portion of my thinking and put it into the “proven” portion.
Robert Chaney
November 23, 2010 at 7:30 PM
The Florida Bankers Association filed a paper with the Florida Supreme Court, Case No. 09-1460 on 28 September 2009 in which they say:
“The reason ‘many firms file lost note counts as a standard alternative pleading in the complaint’ is because the physical document was deliberately eliminated to avoid confusion immediately upon its conversion to an electronic file. See State Street Bank and Trust Company v. Lord, 851 So. 2d 790 (Fla. 4th DCA 2003). Electronic storage is almost universally acknowledged as safer, more efficient and less expensive than maintaining the originals in hard copy, which bears the concomitant costs of physical indexing, archiving and maintaining security. It is a standard in the industry and becoming the benchmark of modern efficiency across the spectrum of commerce—including the court system.”
Also, the Federal Reserve Board of San Francisco has an “APPLICATION FOR BORROWER IN CUSTODY (BIC) ARRANGEMENT” which says at section 5:
“Are any loan documents imaged?
[ ] No
[ ] Yes, which documents & name of the imaging system:”
MY case needs professional lawyer help that truly understands what President Andrew Jackson was warning us about in 1835 when he said” If the Americsan people ever decide to extenuate the existing banks or establish another like it” now hear we are My suit “Wrongful Foreclosure” was filed in Pierce Co. WA April 29, 09but we ran out of money for the lawyer, Richard Shepard, Tacoma . But his work spells out their crimes and my Complaint addendum tells the story of the interuption of our plan to home school our three kids and sold our farm for $900,000. cash and bought tobe near the tech school for aviation mechanics which they both are liscensed A&P But now scate for Disney on Ice temporarily while waiting the rest of their tuition money and the twin airplane we sold to trey to satisfy the bankers effort to steal our house. Need help and like your understanding of the entire banking violation of our Constitution. Thanks Ron Moss
Who puts thousands of dollars down to buy a home when they know that they cannot make the payments? Only a fictitious person.
Who says that the mortgage crisis was caused by people who bought houses that they couldn’t afford? Bankster shills and the very few fools who believe all of the bankster shills’ BS.
Why do so many judges ignore the law to help banksters steal homes? It is the same reason why we were supposed to have jury trials. Judges have always sided with those who can buy them off.
How come the prosecutors don’t prosecute the banksters and the judges who committed blatant crimes to steal the homes and life savings of millions of American? It is because prosecutors also take cash and look the other way while the rich and powerful commit crimes.
Check out my other comments below.
Let’s look a little deeper people…
We must ask ourselves that as puppets in this system, and that’s all we really are, if you are going to get pushed around then why not do some pushing around yourself. After all, we are all playing the free enterprise game and it is now time, as players, to step up and capitalize!
We must recognize that opportunity is now knocking, so why not try to capitalize on the good fortune that the other players have created for us? It is time to stop blaming others and get back in the game
The time is now…let’s hit our home runs one after the other…we the American People!
@ Ramona: It doesn’t matter what anybody tells/offers/promises you. Stop trying to blame others for YOUR stupid mistakes. Common sense should clearly indicate that one CANNOT and SHOULD NOT take on a massive loan if one cannot ever hope to pay it off. Face it: most of you GAMBLED & LOST.
YOU’VE made yourselves this bed, now SLEEP IN IT!
lol as stated below…the bank checks pay stubbs , employment, bank statement so you are not pulling any wool over my eyes. the bank , realtors,etc.manipulated all thepaper work . this was a scheme to defraud.
the homeowner never had their hand on any money to begin with. just bank to bank ..all imaginary transactions. so how is it the homeowner owes anything? the bank got their home back to sell to some other sucker. just a signature… that is all the bank wanted and they got it so they could commit their fraudclosuregate.
Obviously you must either work for a bank or the government…oh yeah, there’s no difference. You have no idea of what you are saying. This is fraud upon america and you must be lucky not to be involved in the biggest fraud upon america in this nations history. Take a look at a few of the servicing and pooling agreements on the sec site and look up merrill lynch for kicks…or how about JP MOrgan? those are great examples and see what that involves. You won’t believe the massive fraudulent securitized pools…..oh yeah, they are not securitized, they forgot to pay all those fees to record them! Wake up! If you work for the greedy guts above, I suggest you find a real job…unless lying is fun for you too. Debra
The banks are getting away with breaking the law with all this foreclosure mess they have created by not following proceedure. I bet in the end they will prosper…
You know who’ll ‘prosper’? The deadbeats who have been living in houses without making a single goddamn payment for MONTHS, all the while crying & moaning & whining as they try to shift the blame for their OWN stupid financial choices onto the OTHER fraudsters who gave them a loan to begin with.
I’m sick & tired of hearing about “foreclosure fraud”. How about focusing on the deadbeat borrowers who knowingly committed MORTGAGE FRAUD?
FRAUD WAS COMMITED AGAINST THOSE PEOPLE…THE AMERICAN HOMEOWNER ISTHE INNOCENT ONE IN ALL THIS!! THEY ARE NOT THE ONES WHO COOKED THE BOOKS TO MAKE A PROFIT. ALL THEYB WANTED WAS THE DREAM OF OWNING A HOME. YOU ARE THE ONES WHO DIRECTED THEM INTO THE OVERLY PRICED HOMES THEN TOLD THEM THEY COULD AFORD THE 700 DOLLAR PAYMENT THAT BALLOONED INTO 3000 DOLLAR PAYMENTS. THE HOMEOWNERS ARE NOT THE ONES WHO COOKED UP THIS WHOLE SCHEME. THIS TOO ATTORNEYS, BANKSTERS,CONGRESS, COURTS ..NOT THE AVERAGE AMERICAN FAMILY .THEY ARE NOT THE ONES WITH THE CROOKED HIGHER EDUCATION THAT KNOWS ALL THE LEGAL MUMBO JUMBO. SO BLAME THE RIGHT CROOK
F’king Mortgage Fraudster
It is nice to see a bankster shill with the guts to come out and admit it.
By the way, the prosecutors don’t go after any of the homeowners for mortgage fraud because it was all committed by the banksters.
Of course, the prosecutors will threaten to prosecute homeowners who keep pressuring them to hold banksters accountable.
See my comment below for more about why the banksters and their cronies in government get away with their multitude of crimes.
Does anybody really think these judges do not know what is going on? Think they are all suffering from dementia? This is about money and power, thats all, period! Prosecutions and jail should be the immediate future of all involved…… not to mention the suicides and loss of life due toTHIS CATASTROPHIC FIASCO.HOLD ALL ACCOUNTABLE!
THANK YOU!!! Was just thinking this over the weekend that if I can educate myself, they sure as hell should ! At the level in the education systems, they should have figured it long ago. It’s all one big scam.
they all knew …the average person doesnt know because they didnt expect all of the above were going to rob everyone. these are people we trusted to help us.this is in all levels through out our country , they are robbing the american people. we have no protection anywhere we turn ..there is no one above helping the average america. the key word AMERICAN.
That’s RIGHT: hold ALL accountable, including the deadbeat asswipe borrowers who took out $600K loans on their $10 per hour salaries.
When we bought our home, we had to show our bank accounts, pay subbs, etc. HOWDOES A BANK GIVE A LOAN OF 600K AND NOT KNOW WHAT WAS BEING EARNED? Who are you trying to fool?
excuse me, MADAM
I have given up trying to find my daughters note/mortgage. Its an ARM..March 2003. I found the AR’s series for that year..wrote everything down..for every series I could find. I read the Prospectus for each one, including the prospectus before that time. This is what i read.. ‘The Trustee will not have physical possession of the mortgage notes..owned by the Trust. Instead to facilitate servicing and reduce administration costs, Washington Mutual Bank fsb, a wholly owned subsidiary of Washington Mutual Bank, the servicer of the loans, will retain possession of and will review the mortgage notes and mortgages. FUTHERMORE, the mortgage notes and mortgages will not be stamped or otherwise marked to reflect the assignment to Washington Mutual Mortgage Securities Corp. and then to the Trust. ‘ That is what I learned from the prospectus. It tells me the Pool and Servicing Agreement will list a schedule Exhibit D that will tell everything of each mortgage in that series. That is where I would find it. So PSA…I head to find the info..300 + pages…only to see in all the PSA for AR’s series of 2003 Exhibit D was deliberately omitted. What kind of crap is this? After all my work it told me nothing except Washington Mutual kept the mortgage note and never stamped them or assigned them. So was this their practice to sell the notes many times? Or was this done knowing most or all the mortgages were foreclosure bait…and they would have the original notes to prove ownership in foreclosure? Now to see what Chase sends for the list of 20 plus documents that a motion requested in July…and their motion for more time to respond…4 months and counting…they had two chances in court already…and the fight goes on…
I think you’ll find loan-level info in the EX-99’s sir.
Marilyn,
Have you tried looking up this loan on fannie mae or freddie mac website yet? It’s pretty easy and you can at least find out if either one of them actually own the loan. If not then you know it is indeed sitting in a trust somewhere or it doesn’t exist. One of the places that a ton of notes were being stored was in LA, and when hurricaine Katrina hit, it took out the building that stored those. So it might not even exist anymore. Good Luck with your search. I’ve been through this too and it took me three years to finally find mine. Fannie Mae owns my loan and not Wells Fargo as the Foreclosure Complaint states. Let me know if I can be of futher help. Rebecca at bankingwiththeenemy@yahoo.com
lol oh know its hurricaine katrinas fault the notes are lost
there is always some convincing reason why the men in dresses (JUDGES) have missed the fraud that is flying past their faces hundreds of time per week. These are the people that dispense justice in this country? The jails are overflowing with people that claim they are innocent and the real criminals are sitting in their penthouses looking down and laughing at everyone for being so stupid. Get a rope and clean house.
How about using guillotines for these criminals? Save on the rope, as it would most likely require too much of it.
Thx for pointing this out. It’s not just mortgages that are BS. This practice permeates the justice system. Statements of attorney’s either orally or in briefs are not facts. There are 1000’s of cases that go all the way to trial with the defendant rotting in jail without any facts on record. The trial testimony ex post facto justifies the arrest.
There are so many fraudulent warrants and complaints it’s almost mind boggling.
Far too many judges will take cash and rule in favor of criminals such as big banksters who used fraud to steal the homes of millions of American families. These crooked judges get away with accepting bribes and violating the law requiring them to follow the standards for due process because the prosecutors will not prosecute them.
In case you are wondering why the prosecutors don’t prosecute judges who break the law, all of the prosecutors are crooks who take cash from the rich and powerful and screw over the average American. After all, who will prosecute corrupt prosecutors when they break the law?
When tyranny and injustice rule our country, what amendment gives us the right to hold criminals accountable? Think about that for a second.
Two things regarding the Banksters who usually file a 2-count foreclosure complaint: Count 1 for foreclosure of the mortgage; and Count 2 for reinstatement of a “lost” note.
1) They say the note is lost, but–if we could see the records–the Banksters never file a “Lost Note” form with the government. This is supposed to be mandatory for securities. They don’t file the form, because the note was not really “lost,” it was destroyed by the Banksters. As the Bankers Association told the Florida Supreme Court, the Note is destroyed to avoid “confusion,” but not before the scan the Note and make a digital color copy so they can sell the note multiple times without paying recording fees to the local county government.
2) In the “Lost Note” Count of the Complaint, the Banksters sometimes say that they are “unable to obtain possession of the Note.” Then, weeks, months or years later, they file the “original” note. The defense (in Florida) is that the Bankster did not have possession of the note on the day the Complaint was filed.
Mr. Chaney you are so right. I used the same two defenses in my foreclosure case the judge specifically told me “I have a mortgage and must pay it so do you.” Rubber stamped my complaint and sided with the plaintiff. In reference to Count I above, if note is lost as Plaintiff indicated according to “Securities Exchange Act of 1934. Rule 17f-1–Requirements for Reporting and Inquiry with Respect to Missing, Lost, Counterfeit or Stolen Securities (c2 and 7) they must complete Form X-17F-1A.” Whomever is foreclosing, if they did not report it before filing foreclosure complaint, then the note isn’t lost. Count II-In Florida owning and holding a note and mortgage as of the date of foreclosure complaint is an essential element of a cause of action for foreclosure. NOTE is the I O U, borrower promises to repay the debt. The note is crucial because it is the evidence of the debt. Note is also held by the trust if not otherwise the note does not exist. The MORTGAGE only documents that the house is the collateral for the note. When I took and sold my car to the dealer I had to present the ORIGINAL CERTIFICATE OF TITLE from Tallahassee and not a copy. So why is it good for the Plaintiff to say the NOTE IS LOST AND SAID DOCUMENT IS NO LONGER WITHIN THE CUSTODY OR CONTROL OF THE PLAINTIFF. But six months after filing the foreclosure complaint what is suppose to be the ORIGINAL NOTE AND MORTGAGE is filed into evidence and with no OTHER DOCUMENTS OR AFFIDAVITS attached. I told the judge Wells Fargo was not entitled to enforce the instrument (UCC Section 3-309(a) )and that they must prove their right to enforce, Shapiro & Fishman indicated to the judge the ORIGINAL NOTE AND MORTGAGE was filed, judged asked the plaintiff lawyer S & F to show me the ORIGINALS, guess what, they were only black and white copies of the same things that were attached to the complaint when we were served our summons. Something else uh!!!!!!!!!!
@ Robert Chaney:
Read the depo of Angela Nolan, available here on 4closurefraud. She describes the “back office banking” of JPMorgan/Chase. Her testimony contradicts the “destroyed notes” and “electronic copies” theory.
It is nigh impossible to keep up with everything and I do miss a fair amount of “stuff,” so it is possible I have missed case law in support of the destroyed/electronic theory. If you have seen such case law I’d appreciate if you’d post links to them. I would very much like to take this out of the “theory” portion of my thinking and put it into the “proven” portion.
The Florida Bankers Association filed a paper with the Florida Supreme Court, Case No. 09-1460 on 28 September 2009 in which they say:
“The reason ‘many firms file lost note counts as a standard alternative pleading in the complaint’ is because the physical document was deliberately eliminated to avoid confusion immediately upon its conversion to an electronic file. See State Street Bank and Trust Company v. Lord, 851 So. 2d 790 (Fla. 4th DCA 2003). Electronic storage is almost universally acknowledged as safer, more efficient and less expensive than maintaining the originals in hard copy, which bears the concomitant costs of physical indexing, archiving and maintaining security. It is a standard in the industry and becoming the benchmark of modern efficiency across the spectrum of commerce—including the court system.”
Also, the Federal Reserve Board of San Francisco has an “APPLICATION FOR BORROWER IN CUSTODY (BIC) ARRANGEMENT” which says at section 5:
“Are any loan documents imaged?
[ ] No
[ ] Yes, which documents & name of the imaging system:”
Hope this helps.