BOMBSHELL- Your Honor, We Don’t Represent The Plaintiff….EXACTLY!
The following is a transcript from a hearing when I was sitting in a courtroom where a most extraordinary exchange occurred.
The Plaintiff in the case is, “US Bank”. “US Bank” is suing a homeowner, trying to throw them into the street. There is an attorney standing in the courtroom arguing on behalf of “US BANK”….the judge is upset because she’s been trying to figure out who to hold responsible when the Plaintiffs who are foreclosing are ignoring rules of the Florida Supreme Court, abusing homeowners and just generally making a real mess of things and the responses out of the Plaintiff sound like an Abbott and Costello Routine called, “Who’s On First”….
Who owns the note? We don’t own the note, “they” own the note. Who’s “they”? “They” who? The who that owns the note.
And then that’s when this exchange occurs:
“U.S. Bank is not our client. We have no communication with them on this loan.”
Whoa, say what?
“U.S. Bank is not our client. We have no communication with them on this loan.”
WHICH IS PRECISELY WHAT IS WRONG WITH THIS ENTIRE STINKING SYSTEM CALLED THE AMERICAN LEGAL, FINANCIAL AND FORECLOSURE MESS.
Check out the rest with ull transcript here…
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case reversed ( surprised ?, why?)
case :
http://jweb.flcourts.org/pls/ds/ds_docket?p_caseyear=2012&p_casenumber=2258&psCourt=2&psSearchType=
Yup, they need to. We dealt a fierce blow to Sasser in palm beach county thanks to the dedicated team at Ice Legal. There is no attempt to even give the appearances of neutrality. Its in your face corruption. Its sickening.
Keep up the fight. Remember the ones who fight get the better settlements!
I am glad to hear you struck a blow to that puppet judge….what is going on in these courtrooms is appalling and the truth needs to go mainstream…not even rt news is reporting how corrupt these judges are….I know they have a lot on their plate but this needs to get out there….they don’t have proof they own these loans and property law dating back hundreds of years is being ignored….chase foreclosed on my sister over a year ago….they had no attorney at the time but have since hired an attorney to fight the eviction…her attorney requested discovery and chase attorneys told him once they are granted a foreclosures….they don’t have to produce any docs…..the judge has since granted chase the eviction…it is a travesty……cant give up….forget the house….this is about freedom……they are stealing it under the guise of debt that isn’t even our debt….and a fake war on terror….when they are the terrorists….!!!
They know the only way they win is if they can make us believe their massive lies…that is why the traitor politicians passed NDAA…because America is waking up…and that is what they have been fearing….truth is they are all cowards…I read a prophecy a long time ago that said something would happen that would cause the people to arm themselves against it….CNBC reported the FBI is saying there were more requests this Christmas season for background checks for gun registrations than ever before…looks like America is pretty pissed off….and they have every right to be.
Check out the you tube video….if if does not post…you tube search the title…
THE WORLD IS RUN BY PSYCOPATHS…. http://m.youtube.com/index?desktop_uri=%2F&gl=US#/watch?=u5D6oxCc-1s
The only way to solve this mess is to do massive principal reductions at 90 percent today’s market value and have everyone sign liability waivers and allow the banks to legally correct the defective title. This is really simple. I am not that bright, but I can tell you it would make the economy improve and solve this mess.
Charles….write downs on which one of the multiple pledged mortgages???? One attorney uncovered his clients mortgage was sold 607 times..these criminals owe 700 trillion in derivatives fraud….!!!! There is no fix for what they did!!!! They can all eat their own excriment and bark at the moon….!!!!!
Not including the trillions in bailout money they stole from U.S. TAXPAYERS!!!!!! WE WANT OUR STOLEN MONEY BACK……!!!!!!
Better yet Charles they can eat their own excriment and I hope they choke and die on it!!!! They destroyed this country…WE SHOULD GIVE THEM MORE MONEY TO GIVE THEMSELVES BIG FAT BON– USES WITH????? YEAH RIGHT…..THATS THE ANSWER!!!!!! HOW MANY TIMES ARE WE SUPPOSED TO BAILOUT THESE CRIMINALS WHO SHOULD BE IN PRISON?????
PIGS GET FAT…..HOGS GET SLAUGHTERED!!!!!
Conforming and complying is for cowards….that is how they are going to get people into the fema….camps!!!! Debt is not freedom…debt is slavery…property tax debt is enough slavery in this manufactured economic crisis……!!!!!
The ownership of the debt is in dispute. It would be inequitable for the homeowner to retain ownership the home without honoring the obligations under the note. It would also be unjust for the Bank or pretender lender to take possession without proving ownership, due to his own actions or inactions which caused the chain of title to be clouded. Therefore in the interest of justice and peace, the parties should agree to a just settlement. The only just settlement that would restore peace and fix the issues would be principal reductions 80- 90 percent of todays fair market value. Most people I know can pay on mortgages 150-250K at 4% interest with taxes, insurance and homeowners association. These same people I know can NO longer pay on mortgages 600 -800K at 8% interest with taxes, insurance and HOA. The Bank would regain title to the house and the homeowner would reduce stress and focus on making money and finding suitable employment. Its a WIN, WIN. The Banks realize this, but most of them can not do principal write downs across the board because the PSA’s do not allow them to. The President of AHMSI is lobbying congress to pass a bill to allow them to sell the notes at discount to investors who would then be able to help homeowners with principal reductions. Only under certain circumstances, where the homeowner puts up a fierce legal defense are the Servicers allowed to do principal reductions, only because it protects the Trustee from un-necessary litigation cost. The point is, only those who fight, get the best SETTLEMENTS, but no one should expect a FREE HO– USE.
Charles….how many times should they be allowed to get paid? Their ownership of the loan is what is in dispute….first they have to prove they have standing…now that cant be done most likely without a court proceeding…I would not sign or agree to anything without that proof….an attorney gave me what I think was good advice over a year ago….don’t sign or agree to anything because their debt is unsustainable ..
No one should expect a free house Charles?? No one should expect to commit massive mortgage fraud and get away with it….if you are going to take someones house away you better be able to prove you have standing to do so…..it is called the rule of law…for the love of God!!! Besides…they destroyed their legal contract aka the mortgage when they broke the law…..
You are not going to get the house free LVENT, believe me. The Bank will make you an offer you can’t refuse when they get burnt out litigating.
And what if you lost your livelihood Charles because of what these criminals did to this economy..? That is precisely what was intended….and I would not send them another dime unless they could prove they owned my loan….the 39 docs Aka chain of title….show me the proof…the psa agreement..the delivery and confirmation receipts the UCC-1s, and all of the assignments of the note and the mortgage…..there is no law that says we should pay a mortgage to anyone they say…that is why there is property law….the only thing protecting homeowners from these criminals…is property law..
Don’t expect the Bank to just roll over and give up because you raised the issue of standing. They have deep pockets and will relentlessly pursue you. What I have seen is Banks call to make offers. Never accept the first offer, always litigate. The point is to burn them out with litigation cost so they will make offers and settle for pennies on the dollar. Anyone using a strategy under the false assumption that the bank will walk away is making a sad mistake. The point is not to get a Free House, it is to get a house so cheap, its ALMOST free.
Charles……UCC states a borrower is not in dishonor if payments are not made because ownership is in dispute..
All of your arguments, while very valid legal arguments are lacking supportive case law sufficient to make a case.These issues of standing are relatively new arguments, and recently developing case law. As such, judges do not understand them and are un-willing to, as palm beach Judge John Hoy so eloquently puts it ” give your client a free house” . You can bet that IF your case goes to trial, a jury of your peers are unlikely to understand the relatively new developing case law. The Banks are reluctant to take the cases to trial, but a homeowner should also avoid going to trial as well. The point is again is to burn out the Bank, so as to force them to settle on your terms.
This is not such a black and white matter as you see it. The Bank has already painted a very compelling picture that you are a deadbeat and did not pay. Judges, unfortunately forever have this etched in their minds.
The issue of standing is an issue of fraud……..the non delivery of the security instrument to the trust is securities fraud……that is why we are in this mess….that allowed them to ovrrsell the mortgages……..then there is altering of documents after the signing which is apparent on the face of my mortgage…….foreclosures should have been halted a long time ago and criminal indictments should have been dropped by the thousands…as Elliot Spitzer stated last year….
Until the cover up stops…the economy is going to continue to worsen…and we will all wake up bankrupt and living in Hitlers GERMANY……!
Charles…I not only have case law from my state but this is the law in my state……that is why you ask for discovery….the pretender lender already told me they have no discovery…..an attorney who is advising me told me that will never fly with the judge…..!
I agree it all needs to stop, ALL Foreclosures. Massive principal reductions should be LAW, not CHOICE. But free houses I disgree with. I am fighting my foreclosure for 5 years. The last offer was 5 percent interest only for 5 years that I refused, because the crooks wanted to tack on unpaid interest, taxes and some 15K a year insurance policy they took out. I assume the next offer will be a principal reduction, which I will refuse also until it is market value 4 percent interest.
They can kiss my ass. I dont want a free house, but I think I deserve some relief for the fraud.
If that is what you want Charles..a loan write down should be optional for the homeowner….not forced….remember if you lose your livelihood and you re-establish a new debt…you will have no legal recourse…you will lose your home in short order….I paid my mortgage on time for 18 years….I put 40% down…..you should be mad at the corrupt politicians who allowed this…
Charles…I just read you comment on how I am not going to get a free house……I am actually fighting two fraudclosures…my home and my commercial property…..and you are right about the fact that they do their damnedest to wear you out but I am stubborn….and this is not about a free house or what is right or wrong….this is about truth, justice and the American way……the way it is supposed to be…..everyone is equal under the law…and these crooks should be in prison….we in fraudclose are not deadbeats looking for a free house…we are Americans looking for justice….we did nothing wrong….we lost our livelihoods because of what these crooks did but, I blame the politicians who allowed the wall street casino to use our homes as a tool to commit collateral mortgage fraud…700 trillion dollars worth of it…you can call it a free house if you choose…I call it restitution for what they did…..they should have to eat it all and go to prison for life…teach the greedy bastards a lesson..this was a Hitler plan and all of the players need to be exposed and held accountable….they have waged war against the American people and I am not a coward……..
BTW Charles I am not buying the argument that judges don’t get property law and the proper recording of a lien….if the clerks at the recorder of deeds office get it…..the judges get it….
I concur. I just think the sooner the matter is settled, the less stress homeowners have and their lives can return to some degree of normalcy. I agree in fighting, don’t get be wrong, I have backbone, but don’t lose focus of the intent ( to peacefully reside in your home) in your individual sitution, which is what matters most, I hope.
A few judges are pretending to get it, but there is a this vicious rumor that homeowners are trying to get a free house. Judges in Palm Beach still openly make remarks about “clients wanting a free house”. That to me is a comment that should have a judge removed from the bench. Open displays of affection, flirting( not literally, relax) with the Bank’s attorneys is a disgusting sight to see in Palm Beach County Foreclosure courts. If I was an Attorney and a Judge had to the audacity to tell me such rubbish, I would have been forced to rebut and file a motion to disqualify him/her from the case forthwith and file formal complaints.
I agree Charles..but in order for that to happen these criminals must be forced to pay their own debts…..or admit they cant or the economy will never recover…….there is not enough money in the world yo cover their debts no matter how many homes they steal…..or lians they redo….their debt is unsustainable…….all they are doing is bankrupting America…their debt can never be repaid…! That is what I am talking about…they are lying to the American people with their fake economic recovery…CNBC said today BOFA is out of financial trouble……THAT IS A LIE…..and if not..let the regulators audit them and lets just see what kind of collateral they hold compared to the debt they have in their off balance sheet global pool of massive collateral fraud….some say it is $1.2 QUADRILLION,..
Right on Charles about the disturbing way the judges are acting with these bank attorneys..it is going on in cook county Illinois as well….I can tell you many stories but here are a few…the judge tells the entire courtroom the banks do not have to talk to homeowners….after laughing and cavorting with the bank attorneys in the courtroom…her name is judge Jean pendergrass and she is definitely corrupt..then there is the judge in my house fraudclosure who lets the bank attorney tell him what to do and how to rule…then there is the judge in my commercial property fraudclosure who tries to ignore the manipulating by the bank attorney…they are making a mockery of the justice system…civil court or not…it is criminal behavior by these judges….this is why I say occupy should be spying on the courts and reporting what they are getting away with…
While this is happening in the courts, the legislature is moving as quickly as it can to make all these ‘obstacles’ legal.
Drp…..are you saying that they are asking for the American people to open up a can of whoop ass on them???
The THRILL of the con, the THRILL of getting away with the crime is as much a motivation to these psychopaths is the money. We ask why do they do it? Is it just for the love of money? NO! Its for the THRILL of GETTING AWAY WITH IT! The non psychopath get a THRILL out of EXPOSING AND PROSECUTING THE PSYCHOPATHS.
Question? WHAT IS GOING ON WITH THOSE WHO SHOULD GET THEIR THRILL IN EXPOSING AND PROSECUTING? WHAT SHOULD WE KNOW ABOUT THESE PEOPLE WHO WORK TO UNDERMINE EXPOSURE AND PROSPECTION? WHEN THEIR VERY JOBS ARE TO EXPOSE AND PROSECUTE?
They don’t realize Satan does not give a shit about them…if they continue to run a protection racket for the new world order…they will lose it all just like all of us…..they want a rich and poor society….it will be the 1% who will hold all of the wealth…we will all be slaves to the debt of their perps…..there will be no U.S.CONSTITUTION…..NO ONE IS SAFE…..not the cops.the military nor the politicians because if that happens it will be anarchy in America….because no one will want to live under their tyranny!!!!! Time for all of us to unite….that includes the media and law enforcement…..we have the power to overthrow this tyranny!!!!
time to send the NEW WORLD ORDER running for the caves….they are the only terrorists we need to get rid of….!! The Clinton’s and the Bushes and all of their minions and cohorts should be thrown in gitmo for treason…..
…,and the banks and wall street ceos…..the cfos…..as we’ll as hank paulson, Tim geithner and Bernanke…don’t confuse traitors with puppets…..they are TRAITORS TO AMERICA….! The majority of the media as well….are liars….covering up for them…..they are MAIN REASON……we are all here….imagine if they would have told the truth about the assassination of JFK….9/11 would have never happened….!!!!!
Ivent, I believe those who think they are on the inside, as part of the 1% who who are involved in this racket, are just patsies, useless idiots who will go down as the rest. The 1% do not comprise the ‘elites’ behind this racket. The 1% are the useful fools who are led to believe that somehow they are going to escape the results of their actions.
It is highly likely they will fall and fall far harder then the rest. They think their stolen money is safe in their offshore accounts!
Doubtful. Very doubtful indeed. The 1% are just another domino in the ponzi scheme to fall.Their funds are as accessible as anyone else’s to the elites, when the elites decide its time to take it..
i agree William..they do not realize they are doing business with the devil and there is no loyalty amongst theives….that goes for the media as well…..what mf….global did proves no one is safe….I saw a report on fox business the Irs is auditing millionaires and billionaires because there is 60 billion missing…this proves no one is safe….they are coming tor everyones wealth…!
Mf global stole all of Gerald Celentes gold futures…and he is certainly not middle class!
This sounds similar to what the attorney for the bank told me at my last court date….after court, out in the hallway he told me I should call for a loan mod…..I told him I want to see some discovery……the psa…..agreement…the proof the loan was delivered to the trust and so on…..he said there is no psa…..agreement, there is no trust or trustee…I said that means you are no more than a third party debt collector…..he replied….I never said that..
“For you should know the truth and the truth shall set you free”
I agree!!!
Yes, truth be told..they are all no more than debt collectors….the courts have held that foreclosure of a mortgage MAY NOT be brought by one who has no title to it and absent an effective transfer of the debt, the assignment of the mortgage is a nullilty…..they tell you right on the fraudclosure complaint…this is an attempt to collect a debt…when you call the pretender lender there is a tape recorded message that states…this is an attempt to collect a debt…I researched the licensing of the pretender lender, Bayview Loan Servicing in my state and found they are registered with the Dept of Financial and Professional Regulations as a DEBT COLLECTION AGENCY.,…..!
U.S. BANK claims to be the TRUSTEE for the TRUST….and aquired the loan after the fraudclosure was filed…REMIC CERTIFICATE SERIES 2010-2…they aquired the loan on3-11….it is all a big lie, a sham and a fraud…there is no reason why a trust would accept a non-performing loan after a foreclosure is filed unless they were engaging in insurance fraud..and the original pretender lender Plaintiff could not produce the chain of title…that is called foreclosure fraud!!
I forgot to add…this is my own commercial property fraudclosure I am speaking about…This was our own small family run business that Wells Fargo put us out of business when they aquired Wachovia and pulled our credit line..then the county doubled the property taxes after we were forced to rent the property out…this chain of events put our home of 18 years into fraudclosure as well as our commercial property into fraudclosure…..the banks are still doing this to small business owners in this country everyday….! I heard on a radio talk show last week that BOFA just recently put hundreds of small businesses out of business when they pulled their credit lines and demand payment…they are demanded hundreds of thousands of dollars from these people….this is a tyranny…..!!!
I would also like to add that after our credit lines were pulled we went to the SBA located at Chicago State University to try and get a long…the rep called 3 different banks and they all told her we won’t lend to small car dealers…but, the U.S. GOVERNMENT BAILED OUT GM and CHRYSLER…BUT NOT THE LITTLE GUY…THAT IS THE DEFINITION OF FASCISM….!!!
I meant to say we tried to get a loan from the SBA…I woulud also like to say we were never deadbeats….We had perfect credit for 26 years until that chain of events…we were never late with a bill, a mortgage payment…we paid our own health insurance and so on…as well as we sent 2 kids to college..When we had our home built in 1992…we put down 40 percent…which was the profit from our first home…and we fully qualified for our 30 year fixed mortgage…little did we know that the banks were committing massive collateral fraud with our signatures and they are really who cannot pay their 700 trillion dollars in mortgage fraud debt….their bills…this was all an evil plan…it never had anything to do with the money at the top of the pyramid…it was all about world domination by the NWO..under the guise of too much debt…..which is the debt of their perps..this was another HITLER PLAN…
Our story is not unique…there are millions of us…this is the direct result of losing your livelihood…it begins the domino effect…first the livelihood goes and then the savings and you enter into the spiral of poverty..all because of what the traitor politicians allowed these criminal financial institutions to do..and they still are…the New World Order fully intends to use their debt cartel to take everything away from the people and the fake war on terror to take away all of our rights…..it is il to ALL OF US to stop this global tyranny that they have hijacked America with…..no one is safe…they want rich and poor….that means the 1% and the 99% will be poor..an ex-Cia agent confirmed this and said there maybe a third class of political dissidents who will be underground….under their radar…
I read that thru and thru. A good judge must have the patience of Job. What a waste of court time,judge’s time, and don’t forget the defendants legal bill. And THEN, after all that crap about missing paperwork, the dumbass attorney lets slip that SHE DOESN’T EVEN REPRESENT THE DAMN BANK! Who is she representing (what’s on second and I dunno’s on third?)
Who’s on third..?…..The debt collector….who has no legal standing to take your home…why do they use third parties to fraudclose? As a way to confuse us and as an attempt to cover up tor the ORIGINATION FRAUD….the FACT that they cannot prove chain of title….they do not have proof they own the note or the mortgage…because they don’t ….PROPERTY LAW IS POWER!!!!