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in gold or silver or any assets or even promissory notes or mortgages or any type of investment

and the debt and say, okay, well, the wife gets the house and the mortgage, even though

had bought the house and had the mortgage in his own name all by himself

pay the mortgage too. Well that's just a gentleman's agreement because that has

nothing to do with the contract that that man signed with the mortgage

Okay so Chuck please continue, you were saying something right before the break about this mortgage situation. Yeah about the mortgage situation. Now we, hello. Yeah we're here. Hello. Yep.

Then they have to serve, that invokes the subject matter jurisdiction of the court. Then they have to serve process, that's the summits that has to be served on the person who's the defendant, the person supposed to pay the mortgage.

Chickens and hogs and moved on to cattle You know, they got a mortgage on a piece of property

He went straight to that bank and paid off the whole mortgage, okay

they think is relatively minor, like in Waco where the mortgage company files a petition

You want to play for time because you're trying to negotiate with your mortgage company to

fix the mortgage problem so you won't lose the house.

After the bank or mortgage company

Of the obligation, the mortgager

The mortgager

Because of the subprime mortgage

Mortgages that were done that way

It provides government financing and guarantees for illiquid mortgage-backed junk.

by purging mortgage-backed securities.

when a claim is brought for foreclosure by a bank or mortgage company,

the original mortgage note for your inspection to prove that they have a legitimate claim.

91% of the 8,000 credit unions are reporting greater overall growth in mortgage lending than any other kind of loans.

there is another reason why credit unions avoided the mortgage debacle.

Well, your problem in this, this involved a mortgage.

Of course, their attorney is not, you know, the mortgage company didn't disclose all the facts to their attorney.

you can find on the Securities and Exchange Commission any public traded mortgage,

And that report alone will show that they sold the mortgage to another company.

And that alone is enough information to get rid of somebody's mortgage.

But yet they, you know, they don't disclose all these things when you're having all these mortgage battles.

The mortgage is the contract. If you're going to sue on a contract, you have to produce a contract.

because if they didn't go in and challenge the mortgage company with regards to the fact that they were listed as a debtor

91% of the 8,000 credit unions are reporting greater overall growth in mortgage lending

There is another reason why credit unions avoided the mortgage debacle.

Okay, it relates to mortgages. Okay, some engineers have developed a program. I don't know if you know this, but there was a new law passed because the mortgage companies typically screw everybody that pays the mortgage.

They overbill, overcharge, like the phone companies used to do. Okay, and there was a law passed. I haven't researched the law yet, but it was passed recently, which is it makes it recoverable if you find that a mortgage company has overcharged you.

And some engineers, former IBM engineers, have developed a program now to analyze and detect the overcharges on the mortgages. Wow, that's great.

Yeah, they got to California, but anyway, they're in the process of raising money for the funding of their project, and I'll be getting all the information on the program, and it appears to be something that happens all the time. Okay, basically, apparently, from the information I'm getting, it's like in excess of 90% of all mortgages, the mortgage companies overcharge.

One way to make money is just to pencil it in, and they apparently appear to be doing that, and the more times a mortgage is resold, the more times they add to the fees, or one of the ways they do it is they delay the docking or booking of your payments, or they charge you in excess before the payment happens.

So there appears to be a huge problem that's going to be surfacing in the near future, not just related to the mortgage crisis, but related to the way the mortgage companies are committing crimes against the people.

It looks as though the government may be going after these mortgage holders in order to take the heat off, so they don't have to try to buy these guys out. They can just say, well, we've got all these people losing their houses. They go to the mortgage holder and say, well, you tried to screw this guy, so you don't get to collect the mortgage.

I believe that's going to become a widespread issue in the United States, because just think about some little old lady in her house, and she pays her mortgage faithfully every month and doesn't realize that the mortgage company is using her money to increase, boost their profits.

The mortgage company then sends out these notices saying, oh, by the way, your escrow has gone up this year, or your taxes have gone up this year, or just a variety of different things in order to increase their cash flow so they can leverage the money.

And then the mortgage itself is so complex, it's, for an ordinary person, it's almost impossible for them to be able to calculate all of the costs accurately.

Well, that's why these guys have developed a program to do that, because a person can take their mortgage information into them and they can run it through a sophisticated computer program to determine exactly how much the person was overcharged.

Hey, I'm doing fine. Listen, this is about... I heard Tony Davis talking about this mortgage situation.

And right at that time, I had talked about filing a lawsuit against the mortgage company.

with Russell in Texas and Tony Davis, also here in Texas, about the mortgage scam, fraud,

where they can run your mortgage and prove that almost every single mortgage in the United

And I have one friend that got a college professor to run his mortgage one time, and the college

Okay, the mortgage industry has been one of the leading industries in the United States.

So then the scam became the mortgage companies where they would buy the mortgage and sell

The mortgage company insisted his wife be on the mortgage paperwork.

And then once they can prove the overcharges, then anything the mortgage company does comes

in the district court and claim that they were being overcharged on their mortgage and

make the mortgage company prove up and then produce the original documents, couldn't they?

Russell and Tony are here with us talking about mortgage fraud.

We are here with Tony Davis and Russell from Texas talking about mortgage fraud and what

None of them people would ever challenge a mortgage company, none of them, but yet you

points out all these things about mortgages and trades on how to go in it.

be no need to bail these mortgage companies out and you just nail them for fraud.

Right, and of course, it's kind of funny, and you lose your job, you lose your mortgage,

so I was listening to the mortgage part of this very intently, by the way.

But the thing of it is, is the whole mortgage industry has changed so damn much.

When I got out of college in 1970, my first mortgage payment on a house that probably

All right, Mr. Big Stuff, Mr. Big Banks, Mr. Fraudulent Mortgages.

They are staying over this evening to discuss some mortgage issues, and I believe we have

wanted to tell a story about what is, about situation regarding mortgages in your area.

If somebody buys your mortgage, they had better have that original note.

So if that mortgage company goes before a judge, and we have the case signing from a

property, no mortgage or anything.

Now, in this case, it wasn't a mortgage as such.

Well, that's a mortgage.

No, but anyway, it was mortgages.

It's not that complicated about filling it out, but you send it to your mortgage company

In general, if any servicer of a federally related mortgage loan receives a qualified

And then that company turned around and created a trust somewhere and pooled all those mortgages

You have some information about this mortgage situation?

What we found on some of our research is that what they do is separate the note and mortgage

And they might sell the note to someone and sell the mortgage to somebody else.

And the typical mortgage is sold as many as 20 times.

signatures from the original mortgage as evidence that whoever's trying to foreclose on you

actually owns the mortgage or hasn't.

You said you got one mortgage postponed for 10 years?

that have created a program, and what they have determined is that the mortgage companies

overcharge on almost every single mortgage, and the more that they're sold, the more that

mortgage company actually owes you.

I wanted to handle something on the mortgage and the foreclosures.

If you have a copy of a debt, a mortgage, a note, you have evidence of a debt.

talking about mortgages and just a disclaimer here at Rule of Law Radio.

But at any rate, go ahead, Jeff, talking about the original mortgage notes.

american mortgage v wyman

Now people ask me questions about real estate all the time and about mortgage and child

American Mortgage Corp v. Wayman. Even if the police officer makes a valid and lawful arrest,

to be talking with us about foreclosures, mortgages, and Gary helps people save their

are entering into a dangerous area with their mortgage, if they're concerned that they're

loss mitigation teams at these mortgage lenders. We have people on staff, including staff attorneys,

a mortgage home, on a mortgage on your home, and there is a very good alternative to foreclosure,

and gets these mortgage people, mortgage lenders, off their back and puts them in a position

have a lot of people attacking these mortgages for being false and the person who's collecting

mortgage or they're already in trouble, we say, you know, don't abandon the aggressive

once again comfortable and you know that you can make that monthly mortgage without any

a lot of people on this issue on taking on the mortgage companies and one of the things

the whole mortgage thrown out because they feel like they owe the money. They don't want

mortgage and they said they've yet to look at a mortgage that didn't have major errors

in it and they've never analyzed a mortgage that had errors in your favor. The mistake

is comprised of people who are mortgage and lending specialists, attorneys who specialize

$200,000 on their mortgage, and maybe because of the decline in property values, their home

mortgage balance.

Yes. Gary, I've been studying fraud and studying mortgage issues for a good while, and I've

Right now we are talking about mortgage and fraud, mortgage fraud

Who is in trouble or approaching trouble with the mortgage lender, our goal

I talk to people that when they're in this trouble about how the mortgage company is cheating them

Or mortgage rescue, it's all over the internet, it's all everywhere

I had a small problem with my mortgage lender.

by overcharging on the mortgage too.

And in that case, it explains that Wells Fargo purchased a mortgage

and he used an example of MERS who is the servicing agent for millions of mortgages.

He granted a foreclosure to a mortgage company.

Florida Governor Charlie Crist is blaming failing tax revenues and the mortgage default

There was a filing by a mortgage company to foreclose,

has the paper signed for mortgages.

So in the case, let's say, of a mortgage transaction where the person actually

Is the mortgage company doing business in the state? Did this guy ever leave

Anyway, first question is about the mortgage stuff.

OK, so now he's in collusion with the mortgage company

I would claim fraud by the mortgage company.

paid by the mortgage company to prosecute this case.

Greg Chapman, who also deals with fighting mortgage

The mortgage company filed the case.

Well, the standard rule on these mortgage cases

that created a program to analyze mortgages

But what they have found is that every single mortgage they've

analyzed shows that there are overbillings by the mortgage

in the mortgage industry.

And the more times the mortgage is sold,

be to go on the offense before the mortgage company gets

by filing a counterclaim against the mortgage company.

care of part of the mortgage stuff.

I've been running across a lot of people here in Florida that are in mortgage foreclosures.

and they're going to come back and say, well, you didn't make your mortgage payment,

It's going to be 10 years before you're able to qualify for another mortgage if that's the case.

And if the mortgage company defrauded you in some way,

We've got Tony Davis, who is going to be discussing strategies concerning mortgages, how to deal

with mortgages.

with mortgages.

Okay, Tony has been researching this mortgage problem, and he's put together a package on

how to deal with mortgages, and he may have become the most knowledgeable person on how

to deal with mortgages that we have anywhere around right now.

You ask for a chain of title related to your mortgage, and then you ask for certain proof,

okay, that the mortgage actually exists and the note actually exists, and if they can

on your mortgage, and if they don't cooperate with you properly, then you go after them,

that the major banks and mortgage holders had agreed to a moratorium at Obama's request

something to you, at least any listener that has a situation related to a mortgage, okay,

The mortgage companies have a much bigger problem, okay, and that's where your remedy

is that you try to get a modification of your loan where the mortgage company agrees voluntarily

in court and what we're recommending to people is that since the mortgage process typically

for the mortgage company files and they ignore a pro se litigant, okay, then we're recommending

We have now identified three former IBM engineers that have developed a mortgage program that

will show in almost every single situation that the mortgage company overcharges you.

We think it's possible if you get into discovery on these things that the mortgage company

has been paid several times on your mortgage and the reason that would happen is because

that first of all they pool these mortgages and then they assign a trustee to them.

The trustee is required to rebuy the mortgages if they go bad, okay, and if you go research

the packaging of a pool of mortgages you will find that the notes don't exist, okay, or

So what we're now advising people is a series of strategies to deal with the mortgage company.

you shouldn't be afraid of going after the mortgage companies or the banks because they

It's always interested me how the mortgage companies can get themselves into this kind

of mess and it since became clear that one company does the mortgage and then I was talking

Well they have to show everybody the text of the mortgage and they have to show whoever,

even know who ABC Company is, you never signed a note or a mortgage document with ABC Company

transferred as well as many as 20 times a mortgage okay if that note was

until you fill the whole thing okay well the mortgage industry is somewhat

mortgages from the start that's some I guess the marketing group you could call

them okay and those guys then create the mortgages a lot of times they'll age them

will sell that mortgage off to somebody else who will then keep it for a period

difference in value on an age mortgage for one month or three months then

there isn't an age mortgage for six months or in one year or three years but

good okay but it's not an age mortgage if you made your payments for one year

three years or five years it shows that that mortgage is mature and it has a

different value okay and it demands a lower interest rate so that mortgage

because if someone transfers the mortgage or sells it to someone else

have your mortgage dismissed or your loan dismissed and you can do that by

nor on your mortgage by Bob the pirate okay and Bob the pirate claimed that

that he owned your mortgage and you hadn't paid him so you now owed him

the mortgage and I want him to produce the original document and the judge

of crap okay the the fact is if the mortgage company actually has the

mortgage they should be able to produce the original documents because the

largest loan mortgage company in the world and it doesn't matter if it's Bob

deal with the mortgage company okay and we'll have this CD out next week we

recommend that if depending on where you are in your mortgage process that you

send the proper documents into the mortgage company ask of them to

renegotiate your your mortgage okay if you're early on in the process that

what I'm willing to do I'm requesting a renegotiation in the mortgage okay if

the mortgage company refuses or doesn't do what you want them to do okay then

Stevens talking about how to fight the mortgage company I'll be right back

something to avoid so right how do we what do we claim against the mortgage

go back to the mortgage company when you weren't in foreclosure right what do you

modification some of it will do it some mortgage companies will do it over the

are mortgage companies that are owned by banks some of our mortgage companies

mortgages and then they'll package those mortgages and resell them and just go

they'll sell them off okay well okay the mortgage company will take a group of

mortgages maybe they have 50 million dollars and they will send them to

other mortgage companies will send deals to Goldman Sachs they'll all buy them

company or say the investment banker or the mortgage company okay having sold a

demand letter to that mortgage company or investment banker by this note back

amount of mortgages in foreclosure I agree and apparently the Realtors

to do something because it's okay I understand the need for a mortgage

fraud fraud involved in the deal by the mortgage company or by its assignees and

that the lawyers for the mortgage companies okay our masters have

think we have a chance and then we file counterclaims and go after the mortgage

mortgage you're making contract okay when you make contract the only person

But there's all kinds of stuff that – I mean, your mortgage, when you did a mortgage

I mean, my mortgage was in 2001.

I know exactly where my mortgage note is because I looked it up through the SEC documents.

I know my mortgage has been sold and traded.

But why am I still having to pay a mortgage payment then?

But at any rate, he's fighting his mortgage company

but also looks like he's going to get his mortgage discharged over it too.

with the mortgage situation.

Luck kind of sucks because my mortgage is paid off.

Oh, you bought it directly from – you didn't go through a bank for a mortgage?

Mortgages, court cases.

I believe so. They were talking about how to get your mortgage discharged, right?

And so, yes, as far as I know, it doesn't matter whether your mortgage has been sold to another bank

In fact, the best time to deal with this is when you're not in trouble with the bank, with your mortgage.

I think the whole thing started because Chase Bank took over his mortgage

or they bought the mortgage from whatever the original bank was,

He is suing to have the mortgage discharged because it was fraud on its face to begin with

Their third concern is mortgage fraud.

They're jacking up these individuals that can't even barely pay their rent in some cases or their mortgage and their property taxes are going through the roof

collecting any unauthorized toll, tax, freight, or mortgage.

If you apply for a mortgage, if you certain landlords have access to that, I even attempted

These mortgage companies, banks and employers and so forth,

where like a mortgage note might say the note expires in 30 years,

So we need to give them a way to use up all this budget they just got by crucifying all of these mortgage companies.

Well, I suggest that every time someone has a – that everybody who has a mortgage,

whether they're in arrears or not, should look at a forensics analysis of the mortgage

mortgage whatever how can I file stuff and have it show up there because I've

county clerks tend to have a section where you file deeds and mortgages and

We also are going to have Tony Davis call in and he's going to be talking about some mortgage issues, right, Randy?

But he didn't want to do a show yet until we've had a chance to talk to one another, but I would like, I ask him to call in and maybe chime in on the issue that Tony Davis is going to be talking about, which is mortgage issue, which his attorney is very familiar with.

When you start talking about mortgages in a little while

I've heard that if your mortgage has been sold to another lender

And told the mortgage company don't come back into my court

For a mortgage

And so, but here's the deal, and if you go look at all your mortgages, the only person that's signing these things is the maker

Because the bank didn't sign off on the mortgage, they have no control over the contract because they haven't basically agreed to the terms

is that now you can go in and mortgage a homestead, and under certain stipulations,

which you couldn't do before, you can mortgage that homestead for a second.

In other words, you can take out a second mortgage.

Right. Okay, one of the provisions of the new law is that if the mortgage company

exceeds, let's say the face value of the new mortgage is $50,000, or say $100,000 for round

do not correct it in 90 days, then the whole amount of the mortgage becomes paid in full.

if you do it at closing or you do it somewhere in the mortgage pan back with fees, then the

zeroes out your balance on your mortgage. That sounds pretty cool.

Wait, who is they? The mortgage company.

This mortgage company is not going to give up. You're going to have to get a court to order them to.

and the wife stays home and he's got a mortgage and two car payments.

that when you notify the mortgage company that they've exceeded that 3%,

the mortgage company said they sold the note the day before the 90th date

I established that they, and the mortgage says that, and the signs.

and you file a complaint asking the court to rule that the mortgage company

And you just say the costs assessed by the mortgage company exceeded the Constitutional limits.

I'm going head-to-head with my mortgage company in a federal court.

Anyway, so this mortgage is still on there.

important. And then the pleadings themselves, a case in Waco, a mortgage company filed a motion

And he wants to discuss some mortgage issues and foreclosures and eviction hearings.

I've been fighting with my mortgage company for better than a year now.

How much is still owed on the mortgage?

and sub-bottom three, foreclosures of mortgages and enforcement of liens on personal property in cases in which the amount in controversy is otherwise within the justice court's jurisdiction.

Is that a mortgage company or a law firm?

or in this case mortgage company representatives never show up in court.

There is more than one person's name on the mortgage.

On the mortgage?

Yes, on the mortgage it specifically names me and my wife.

In other words, your name in the JP court, you know, versus whatever mortgage company and stuff.

He had the mortgage company, one of his wife's name on the mortgage.

Well, that all other occupants don't cut it when you've got two different names on the deed of trust and the mortgage and stuff.

They're going to bundle it like they do house mortgages, and put you in a big bundle.

We're just fighting a mortgage company over fraud.

Is the counterclaim greater than the amount of the mortgage?

and now the mortgage company wants to raise the issue of, well, we have no such deal.

The issue with the address, I guess, or who we're trying to serve, we're trying to serve the lawyers for the mortgage company.

Should we be serving the mortgage company and not the lawyers?

They're often claiming to be attorneys for the mortgage companies.

Well, actually, the mortgage company would have had to be the ones to file it.

The attorneys could file a contract signed by the mortgage company.

Well, the point is the mortgage company has to be the ones that are coming forth saying

I may have filed this in the wrong court because of the mortgage issue.

If the mortgage company has an office and does business in Texas, and you're in Texas,

For a present, did you get the mortgage in Texas?

No, the mortgage company is a subsidiary company of a national bank.

Yes, actually, with servicing the mortgage company, I talked with Mike Holloway today, and what he did was service the CFO of his mortgage company.

Yeah, if the mortgage, you don't care which, as long as this, whoever is, you serve is connected to the company.

mortgage modification and mitigation.

boat, his corporations, and he's got about either seven or eight mortgages against four

You can talk to us about mortgages.

I got an email, a judge out of Florida dismissed 15,000 cases for mortgage irregularities,

It looks like the heat's on these mortgage companies to take that money they created

get that real soon. I was looking at the mortgages. We had Steve called in on a mortgage and he

sent me a forensic analysis of his mortgage. Anybody out there who has a mortgage, whether

you're behind or not, you should consider getting a forensic analysis of the mortgage.

me there's not a single mortgage out there that's not fraud. If you have a mortgage,

to contract, you get attorney fees. Every mortgage out there is subject to being sued

for fraud. Anybody out there who has a mortgage and you're paying a lot of money to these

analysis and either file suit against the mortgage company for fraud or take it to the

mortgage company and use it as a bargaining chip to lower the amount of your mortgage.

Possibly even both. Possibly both. If the mortgage company is not amenable to negotiation

of the federal programs, you can get the mortgage companies to forgive a lot of the debt.

They just directed the mortgage companies to cut these folks some deals. Well, actually

in it, if you're about to lose your house and this will cut your mortgage by 20 percent,

taking an existing mortgage on which you are not in default and going back at them for

fraud for charging you too much money. The one I looked at, the mortgage, the interest

the mortgage should have been. And over the life of a mortgage that comes out to be a

mortgage had an eighty dollar tax charge on it that the mortgage company was not allowed

the car. So they're doing the same thing on cars as they're doing on mortgages in that

I'm asking if you have tried to force them to procure the original mortgage note, the

wedding signature mortgage note, have you tried to either through discovery or other

mortgage and if there... do you have a contact here in Austin that I could talk to?

Does anybody know where to get a thorough forensic audit on a mortgage?

I have someone who has 25 years of doing these mortgages, and the reason she left the mortgage

And if they wrote the kinds of mortgages they were trying to write, they would wind up in

of the requirements that the mortgagee was supposed to, I mean the mortgageor, was supposed

Him and his partner, Neil, they do a lot of good work with credit cards problems and mortgages

Well, I'm beating iron slings, mortgage fraud, foreclosures.

and it's identical to promissory notes for mortgages, et cetera, rather, that warrant

any I don't have any mortgage problems I'm gonna have any of these debt

example of dealing with mortgages and that's not what they're doing there

trying to undo mortgage documents

Oh, and serve it to the mortgage company too.

Well, obviously you're serving the mortgage company,

commerce of the contract also, I mean the mortgage company, you just told them okay

Okay, let's talk about the mortgage case.

Okay, so you have your mortgage or you're not making your mortgage payments, you get

Officials are weighing a plan to let borrowers who have fallen behind on mortgage payments

rescue plan that was meant to refinance the mortgages of 5 million borrowers and lower

without disrupting mortgage markets.

I was looking at mortgages last night or yesterday, and I went to the mortgage, and there was a place there about HUD insuring the mortgages.

HUD is insuring the mortgage?

And the mortgage is fraud?

So HUD has been paying these mortgages, paying insurance on these foreclosures, and the mortgages are fraud to start with?

I could have a case of mortgage assisting someone, and the attorney ignores this lady in every respect, and they just keep on trucking.

these sorts of things, how the mortgage system works, how the credit card industry works

insurance, car insurance, my mortgage, my car, everything, I have found them traded

or share in a ship, a mortgage of a ship, or of a share in a ship, a mortgage of a ship's

say mortgage of a ship? Commerce. Did it not just say cargo of a ship? Commerce. Did it

We've got a guy out here with five kids, a huge mortgage,

It's just like what the mortgage companies do.

my mortgage company has stated clearly in bold print on the cover page of everything they send

the court ordered the rescission of a mortgage and informed the debtor they no longer had

to tender on a mortgage. Tender?

complaints, what the IRS is doing wrong, what the mortgage companies are doing wrong. But

Because if you eliminate this, then the mortgage company's got nobody to use and they're always

at the mortgage and show everything that's wrong with it. Any fraud in that mortgage,

law firms. It makes it for the mortgage company so expensive to try to do a repossession that

If anybody out there has a mortgage, whether it's up to date, even if you have a house

that's completely paid off, people on fixed income that have paid off their mortgages,

the main reps for Countrywide Mortgage, which was at that point the largest mortgage lender

fog a mirror, and they would give them a mortgage. Now, if you were an American, forget it. You

I don't understand this. The mortgage company, when they sold the house to you, they had

Think of it this way. The mortgage company may have $100,000 in the bank. They're going

a mortgage to you. You sign the note. They create 100,000 additional dollars. So now

take out a mortgage with you as a private lender. You guys do the note. You do the mortgage.

and you've been paid fees upfront and you may be paid fees to handle the mortgage payments,

the guy that's buying the buyer B has an expectation that the mortgagee, Deborah, is going to pay

Well, in the mortgage industry, Charlotte, you had mentioned that there's usually only

processing and legal services in the mortgage industry.

The firm has a long-standing client relationship with the most dominant mortgage industry leaders,

Michael C. Barrett and James C. Frappier on 313-08 each donated $5,000 to the Mortgage

the mortgage companies, claiming that it's being too costly on the banks and the attorney

one of the largest law firms representing alleged lenders, particularly in the mortgage

If they change it so that it's harder to sue for fraud in the mortgage area, they're going

I mean, they've entered into contracts with these property tax people and these mortgage

to be in the position of a plaintiff in a court in a case related to mortgages in Florida,

they can get to 1900, we can make up for it by beating up Crapola out of these mortgage

The brokerage community, there's not a mortgage in the nation

Yeah, I need help with my mortgage fraud.

And the reason we have two is they have two different specialties concerning this mortgage

of give us an overview of the situation concerning people with mortgages.

She can take the mortgage that you have, you send her all the paperwork, and she can tell

idea of what you can expect if you go over your mortgage closely?

And what has happened is they have allowed borrowers to have funds for mortgages that

that aren't delinquent, so the mortgage industry is in a mess.

I mean, if you go back and correct the mortgage at that point to correct the payment scheduled

all these errors in the mortgage?

I've been in real estate for 25 years, and the mortgage issue to me, there are a lot

There's a lot of stuff that goes on, I think, in the mortgage side of things.

On the mortgage side of it, I'm not sure that those folks are totally at blame either.

to do with the mortgage broker or the mortgage people, in my opinion.

the mortgage are created on the signature.

And so when we talk about these, this mortgage crisis, I mean, the system is what it is,

And I think we should go after them for the whole value, face value of the mortgage and

You want to look up monetizing signatures and mortgages?

We're talking about individuals, so we're not asking a judge to say that every mortgage

always found with the mortgages is that there's only one signatory on all of this paperwork

What happened in the mortgage industry, and so lenders are always very resilient in trying

mostly three and five year interest only payment loans to get into mortgages.

Yeah, it looks like when I look at it, the guy can't pay the mortgage and the interest.

In this case, it would be the mortgage lender versus the borrower.

And what I've always seen, be it in the financial markets or the mortgage markets or whatever,

The default risk really falls back to the mortgage or, not the mortgagee.

on that everybody sees in the financial markets now, the mortgage markets, it's just inherent

Charla, the one thing that you do is examine the mortgages the way they're done.

of the mortgages that you look at?

88% of all mortgage loans have a serious infraction, and there's different levels of, I guess,

what I've seen in researching these cases against credit card companies and mortgage

especially in these economic times and people that are having trouble with finances and mortgages

At this point in time, real estate stuff and mortgage stuff is not going to be covered in the seminar

Okay, so now we can't do the mortgage and all that stuff at this point in time.

We actually want to refer people to SHARLA to deal with mortgages.

And Charla, of course, our guest, our mortgage expert.

and it tells you, you know, the properties, what the term federally regulated mortgage loan is.

mortgage company.

If a consumer notifies a debt collector, that's going to be your mortgage company because

a power of attorney, let's say over to Charla, she can do this, she can send the mortgage

I just want to tell you the little thing that's involved with my mortgage.

Kaseko Finance was my mortgage for my mobile home, but they went bankrupt in 2002.

Well, Green Tree is the one that supposedly has my mortgage now.

Well, how did the bankruptcy affect your mortgage?

So the bankruptcy court is telling me I cannot even challenge the mortgage now because of that.

Well, it's also, you know, all this mortgage paperwork and stuff is bogus.

Well, I know exactly where my mortgage is.

When Confeco did my mortgage in August, by December of 2001,

She wrote a brazen dissertation on bankruptcies and mortgages.

It's called Real Estate Mortgage Investment Conduits Reporting Information or REMIX.

Well, you can narrow down the trust that your mortgage was put into.

For instance, my friend, he took out a countrywide mortgage in 1996.

they create things like every month they're creating another REMIX, okay, mortgage trust.

And you can narrow it down based on when your mortgage documents are done to where that trust is,

And so, you know, it's more of a helpful investigating tool on where your trust is that has your mortgage.

and the mortgage company was kind enough to let me use theirs for a month.

analysis of these mortgages and the equity lines of credit and such.

And most of the time in that type of mortgage, what you're going to find are violations,

here if you can actually take someone that is not behind on a mortgage and look at what

type of mortgage they had and do a forensic analysis on it, you're probably going to find

the mortgage companies to introduce fraud.

We're here with Sharla and we are talking about errors in mortgages that basically,

They would take that $60 million and convert it to 20 and 30 year mortgages, but they got

Well, if you have a $200,000 loan against a house and you have the houses and the mortgage

These are the mortgage companies we're talking about.

it costs less for this building and get you to get into the mortgage.

well be that the Obama administration has decided to throw the mortgage companies to

And I was looking at a mortgage the other day with Charla and she mentioned some of

Every appraisal that is done, a market analysis that is done for a mortgage loan, it is also

We're here with Sharla, talking about mortgage fraud, we'll be right back.

We are here with our guest, Sharla, talking about the mortgage fraud issues.

Obviously, if you're talking about a 30-year mortgage and you're actually paying an incorrect

over that 30-year mortgage, you know, so let's say, for example, that your note rate is 6%

But then all the interest you paid, these people who have already paid off their mortgages

in other mortgages that are currently in repayment.

thing to what you just said, you know, all lenders and mortgages are subject to audits

that requirement never changes just because I'm eight years into a 30-year mortgage.

All right, watching the sparks fly off the mortgage papers.

In your experience, how many of these mortgage companies have the actual real wet signature

But most likely the wedding signature documents in China and this mortgage company is going

who is going to be speaking on mortgage, the mortgages.

Yeah, Deborah, you said before the break I was going to talk about foreclosures and mortgages,

Okay, well, when you get back here, you and I need to visit so that you and I can at some point schedule a time to discuss all this stuff with foreclosures and these bonds and the mortgages.

This is the guy that knows how the bonds work, and I used what you told me the other day about how the bank who's doing the mortgages gets like 50 million bucks from Wells Fargo, loans out the loans, and has to pay it back to Wells Fargo.

We had put in a mortgage foreclosure case a judicial notice of foreign law, and this

who also deals with fraud and mortgages and such,

about the mortgage industry, questions for our guests regarding abusive numbers

and securitizing these instruments, questions about mortgages or these sorts of things.

Randy, you had some questions concerning these mortgages

and doing these forensic analyses of these mortgages and the mistakes,

your mortgage note, to exchange that for legal tender.

how the mortgage system really works, the fiat currency system, the whole nine yards.

Also, on my mortgage, on my mobile home, it doesn't say anything about a loan.

That's why the mortgage turns into a security because it's more than nine months.

on a mortgage loan application and then going in later and doing a revocation of power of attorney?

And also, is there some way you could easily detect at what point the bank securitizes a mortgage loan?

So you've got the mortgage company and you also now are dealing with the county.

or to offset a mortgage?

We've got Paul from Texas who's going to be going over the mortgage industry,

history of the mortgage industry, and some of his background.

and how these mortgages are turned into securities instruments

Many of your questions will be answered by Paul regarding the mortgage industry

with what's taking place in the mortgage industry.

and talk a little bit about, you know, the mortgage industry and the money

to create backing for the mortgage business.

which took the mortgage business into a number of what we called in the industry, tranches.

into what we note in the current marketplace as mortgage-backed instruments.

There are also index funds made up of these mortgage-backed instruments.

There are derivatives that are made up of these mortgage-backed instruments.

an investment pool of mortgages, they were classified like all of the rating industry,

the investment banking business knowing that every mortgage has an average life of seven years

they had to come up with a method of pooling more and more and more of these mortgages,

pretty much throughout the world as subprime mortgages.

And the problem that they encountered with these subprime mortgages was that a larger number of those

they're taking monetized money off of your mortgage

that they did with the mortgage loan, and it becomes monetized.

you know, I'll just pick a number of – you know, $250 million of mortgage loans.

in the area of mortgage notes.

They get the brokerage community to come in, and they structure a secondary mortgage sale

through what is, you know, either a mortgage-backed security portfolio

They know that there's going to be a large percentage of these mortgages going to default.

The brokerage community might, you know, create a mortgage-backed fund on one hand

and they're going to be able to sell these mortgages as an investment pool.

And then the bank turns around and pools this group of mortgages

or they've hired somebody to be the servicing agent that's going to service this mortgage for the 30 years that you signed up for it.

so that when the revenue comes in from the monthly mortgage payments that all these people have been making all over,

And so the same thing is going on in the mortgage business.

And so are individual QCID numbers assigned to each mortgage,

And can someone trace the flow of their individual mortgage, of how it's been securitized and bought and sold on the market?

If you knew approximately when you sold or when you signed the paper on your mortgage,

Let's say LaSalle Bank National, a mortgage-backed portfolio as trustee for the trust created in 2003, BJ3.

It probably has 10,000 mortgages in it.

use one of these companies that put people looking for mortgage

you might get 20, 25,000 mortgages show up.

Your mortgage will be in there somewhere.

And if there's a staple hole in that mortgage, you know,

All right, we're talking here with Paul in Texas about the mortgage industry

The bank cannot claim they own the mortgage or any other asset until they loan you their money.

or when requested to do so by the taxpayer or mortgage or other persons holding the lien.

And we are here with Paul from Texas talking about the mortgage situation and how they

actually taken the overseers of these mortgages that you're talking about, where you come

and appraise a piece of property for this mortgage, whereas this person, I'm going to

There's not a mortgage in this country, not one, that doesn't eventually end up under

as far as mortgages goes, as far as China goes.

mortgage or whomever that might be.

is worth less than the land, well, now you can't, a mortgage company will not issue a

We've got our special guest, Paul, talking about the mortgage industry.

Credit card company irs, uh, mortgage company whomever it would be you center that little statement at the top or in the middle

And I said, okay, what's your mortgage payment? What's your car payment?

Now I could go to a bank and say, I'd like to pay off every mortgage in my town.

And then priced in dollars, if you have a mortgage and any of what I'm hypothesizing to you tonight were to take place

And that's what we're doing with mortgages

We have been working on a program to help people with mortgage problems

Even if they don't have mortgage problems

In favor of the consumer as opposed to the mortgage companies

A case where they ruled that the only one withstanding to pursue a mortgage issue is the owner of the note

He worked in the mortgage industry and this is the part that he worked in

They would take that loan and convert it into 20 and 30 year mortgages

Failure to notify a mortgager of a mortgagee's intent to accelerate a note

Is it credit or mortgage?

And your mortgage payment still stayed the same

mortgages and he's up to his eyeballs already because he's not doing what

I recently had a decline of credit on a mortgage application.

some other property to buy and was going to just go ahead and take out a mortgage with,

And I pulled my credit, and exactly the reason that they gave for the decline on the mortgage

It appears as though the feds are beginning to throw these financial guys to the wolves, the mortgage companies and the credit card companies.

government notes, mortgage and agency debt, and foreign currency reserves of the United States dollar.

You want free college, energy, mortgages, whatever you like.

truth regarding tearing things up in the mortgage industry, apparently, if the note's been sold,

holding the deed of trust had sold the mortgage, had sold the security instrument and the one

So once the mortgage and the security is split, let me read out of the case, the practical

The mortgage loan becomes ineffectual when the note holder did not also hold the deed

So it wouldn't just be for mortgages in Kansas is what I'm asking.

It appears as though the mortgage companies are being tossed to the wolves.

But then it occurred to me, well, I really need to see what the mortgage agreement entails.

So I told the folks and they contacted the mortgage company.

And the mortgage company says there was an addendum to the loan agreement that said that

These guys loan out $150, $200,000 and they don't even bother to have them sign a mortgage.

So now no one is hoping to mortgage because they never signed one.

The documents uncovered relating to Judge Welch revealed that he has mortgaged his primary

If the judge owns property, the title or if he has a mortgage against, if there's a mortgage

hide the person who actually held their mortgage.

who actually held mortgages on these properties.

of the mortgage holders, of all the borrowers, of all the property owners.

And then if there's mortgages against the property, they'll be listed.

And then there's reconveniences where the mortgage has been paid off, they'll be listed.

the mortgage companies to the wolves.

and Learn How to Combat Financial Fraud, Banking Fraud, Credit Card Fraud, Mortgage Fraud.

This is something I just came across in mortgage where if they defraud you on your mortgage

Then the amount of profit they would have received from the mortgage if it went to term is what you can sue for in a triplicate

This is a little bit off topic, it goes to mortgage

But just about every mortgage company sells the note because they borrow the money

I have to have the mortgage

The mortgage company has the deed of trust

But before they issue the mortgage, before they create the loan, they go to someone else and say

When the mortgage and the deed of trust are separated, it creates a fatal flaw

Just today I was reading a document on mortgage fraud and they addressed this issue of accounting and documentation

agency to regulate consumer financial products from credit cards to mortgages.

on these mortgages and they could do that. However, if they did do that, according to

I heard the first of the program that Randy was discussing a mortgage with, well, I don't know if he was discussing it with somebody, but he was going over it.

And I just wanted to know what information I had to give Randy to let him look at my mortgage.

And we're talking about for mortgages here, right?

For mortgages.

And in this spreadsheet, it calculates mortgages.

that HUD provides mortgage insurance for these guys.

If the mortgage is fraudulent,

However, if you're one of those folks that aren't behind in your mortgage,

with these bad times coming if they knock that mortgage down

But the company ran into problems after getting into subprime mortgage and student lending.

after getting into subprime mortgage and student lending.

and denied of a decline on the home mortgage.

I'm going to guess that you kept the letter of being turned down for the mortgage?

it's like, and I'm using a hypothetical number of $200,000 or $250,000 or $300,000 mortgage.

They insured all the mortgages.

That's who we have mortgages with.

hours but they do mortgage stuff they do fair credit that collection they do

He worked for a company that wrote mortgages, wrote mortgage loans

Then they would convert that loan into 20 and 30 year mortgages

So when they wrote these mortgages they had no intention of keeping them

They'd write all these mortgages, bundle them all up

To where they would struggle and pour every penny they could produce into this mortgage

And the mortgage company pretty well knew that they would not be able to pay for it

And I subtracted the overpayment from the principal and ran the mortgage that way

So that means that the mortgage company did not give proper notice

So if you have a mortgage, look at your paperwork, okay, if you're not behind, if you're all up to date and everything's just fine

They seem purely by happenstance when the mortgage company makes a mistake, it just always happens to be in their favor

So if anybody's out there who's got their mortgage papers, if you can pull out your actual note and pull out your

They give you an estimate of what it's going to cost, of what the mortgage will be and then they'll give you the actual note

I have a question about my mortgage, I filed a quiet title act two years ago and of course the judge erred many times

got six minutes left. Oh okay, I'll go through this quickly. Mortgage company rights of mortgage.

That when the mortgage company sold the note itself, the promise to pay to someone else,

So the mortgage company is holding the deed of trust and someone else is holding the promise to

pay. The mortgage company who's holding the deed of trust, they got paid. They got all their money

payments to the mortgage company, you're not. They're just a servicing agent. They collect it

deed of trust. So he has an unsecured note. The Supreme Court said that when the mortgage company

you can go to the mortgage company and say, who are you? Exactly. Or do you have standing

rate mortgage that you look at, the till that was issued at origination is going to differ from the

in the mortgage industry, but before that I wanted to read this article, Randy may find

we come back we're going to talk about mortgage debts okay we'll be right back

We're gonna discuss the material Randy had planned tonight, which has to do with mortgages.

for us concerning the mortgage industry.

Yes. I've been putting together a program to do forensic analysis on mortgages. And

regulated in how they were to write mortgages. And mortgages were relatively cheap compared

to recent standards. Most of the mortgages I'm doing analysis on are about five to ten

years old, and they're six, seven, eight percent interest. Before all of these changes, mortgages

and Monetary Control Act of 1980, the Alternative Mortgage Transaction Act of 1982, and the

you a relatively minor mortgage on a new and nicer house. Well, the banker, he's going

to get a quarter of the entire cost of the house as a mortgage. And because you have

allowed to convince them to enter into mortgage deals that were knowingly outside the range

mortgage bubble a lot worse than it would have been because of their terroristic activities

industry executives and Washington policymakers are worried another government mortgage giant could be next.

Problems at the Federal Housing Administration, which guarantees mortgages and low-down payments, are becoming so acute,

Since the bottom fell out of the mortgage market, the FHA has assumed a crucial role in the nation's housing market.

Created to help lower-income and first-time buyers purchase homes, the agency now insures 5.4 million single-family home mortgages worth $675 billion.

And I have a case I pulled down doing mortgage issues.

and Washington policymakers are worried another government mortgage giant could be next.

Problems at the Federal Housing Administration, which guarantees mortgages and low-down payments,

Since the bottom fell out of the mortgage market, the FHA has assumed a crucial role

5.4 million single-family home mortgages worth $675 billion.

industry executives and Washington policymakers are worried another government mortgage giant could be next.

Problems at the Federal Housing Administration, which guarantees mortgages and low-down payments, are becoming so acute,

Since the bottom fell out of the mortgage market, the FHA has assumed a crucial role in the nation's housing market.

the agency now insures 5.4 million single-family home mortgages worth $675 billion.

Anybody who's got a mortgage, the cost of doing the forensic analysis is chump change

I mean, that's just the way I'm looking at it, be it with mortgages, be it with, you know, tax cases, be it with the motor vehicle code.

in Florida in the mortgage foreclosure business, a guy up here in the Tampa Bay area that's

been on the show before was a mortgage broker and realized that some of the banks and their

Okay, I'm calling a little bit off subject, but I was calling about a mortgage situation

When you first go to the mortgage company to get a loan, they have to give you a good

So what we do is sue the mortgage company for triple that amount.

We got the mortgage company over here who sold that instrument to them.

I ended up talking to Steve on the mortgage show.

They, they will give you loans, mortgages without ID, without social security card.

Well, they don't loan you any money on that credit card and like they don't own a mortgage or auto loan or anything else

By the way, for your mortgage stuff

Randy is ready to launch his mortgage analysis program,

then Randy's going to talk about his mortgage analysis business

has to do with the forensic mortgage analysis

companies and mortgage companies.

that I need to evaluate the mortgage on the site

the only thing this applies to is residential mortgages.

most of these mortgage companies, when they answer the respite letter,

give the mortgage company reason to deal very positively with you.

they got people into mortgages that they absolutely could not afford.

So what they wound up doing was you have this mortgage company sitting here in the middle.

and they convert that loan into 20- and 30-year mortgages.

The mortgage companies sitting in the middle,

Well, most mortgages are good mortgages, especially in the baby boomer era.

And we have a lot of people who have paid 10, 20 years on a mortgage,

But how it wound up is you have the mortgage company standing in the middle,

the first thing we want to do is know every entity that has owned the mortgage.

In a mortgage, there are two things.

For $500 you get a mortgage analysis, a forensic mortgage analysis by Randy.

You can find out more about the forensic mortgage analysis at ForensicFraudFinder.com

and if you are having trouble with your mortgage or if you're not having trouble with your mortgage,

that the mortgage company's done wrong.

And when we sue the pool, the pool's going to come back to the mortgage company and say,

This will give the mortgage company reason to want to come talk to us and make this thing go away.

If you go on the site, there's kind of a treatment of the mortgage industry on the front.

And even if you're not behind on your mortgage, good chance you're paying a whole lot more than you should be.

I ran one that was $113,000 mortgage, guaranteed 6%.

Talk about traffic, talk about mortgage issues or other issues you may have.

Pat, how would this affect a lien, a mortgage on your particular piece of property?

It does not affect the mortgage at all.

If you owe somebody money for a contract for a mortgage, you still owe that money.

You were talking about mortgage companies and everything else earlier.

What I wanted to find out is does anybody know of anybody that has a good mortgage company

I would just say to anybody that's listening that has a mortgage issue to get a hold of us

We're going to be talking about the mortgage industry, where we're coming from, where it's headed,

Randy Kelton has just launched his new website to do forensic mortgage analysis

and prepare lawsuits for folks, whether you're in trouble with your mortgage or not.

I've been researching the mortgage industry for a while now,

and during the show I've received a lot of input on the trouble in the mortgage industry,

Randy, can you kind of give us a rundown on the condition of the mortgage industry today?

This was right after the mortgage subprime started blowing up on them.

Okay, then, if we're dealing with – not with the mortgage company, but with a servicer,

Okay, before we went to break, we were discussing why these mortgage companies would rather foreclose and work things out.

Yes, in studying what's going on, it appears as though the servicer, I don't want to call them the mortgage company, that's what they appear to be,

that's what they start out as, but they stop being the mortgage company very quickly because they get a large loan from a large bank,

convert that loan into 20 and 30-year mortgages, but have to pay the loan back rather quickly, six, nine months.

Well, the majority of all of the mortgages written are really good loans because especially now with the aging baby boomers,

Well, I was going to say they did a study back in 2005 and over 68% of the home loans issued in 2004 were done by mortgage brokers.

So you have like 53,000 mortgage brokers companies employing, you know, 420,000 people that play a significant role in the lending process.

And callers, if you'd like to call in, if you have questions, comments about mortgage situation, 512-646-1984.

Okay, we are here with Randy Raylor, our guest, talking about the mortgage industry. And Randy, you were saying that most of the loans are originated by mortgage brokers, is that correct?

Yeah, basically 68% in 2004 of the home loans were originated through mortgage brokers. Now brokers are not lenders. I mean, they're originators, but they're not like the bank.

And in looking at this, it appears as though we have this broker and mortgage company standing in the middle here, feeding from both sides, defrauding both sides.

So when he gets the tort letter, he's going to come back to the mortgage company and say, what in the heck is going on?

So we try to put the mortgage company in the middle where they put themselves.

Well, you know, the mortgage brokerage industry is regulated by 10 federal laws.

There you go. There you go. What will the mortgage company attempt to do if you're trying

As long as you keep paying your mortgage.

a piece of property and you have a mortgage on it, the likelihood that a land patent has

value, and what has happened as a result is mortgage companies, banks will not

give a mortgage on a property where the building is worth or appraised less

mortgages anymore because they paid them off and the banksters aren't

making any money off of mortgages,

And then they could find that normally in their last mortgage paperwork, their last

mortgage packet, if it was done at the same time that they financed the property.

Realtors go in there all the time. People from banks and mortgage companies go in there all the time.

or by the mortgage company or by the seller or by the buyer.

Now, any piece of property you buy that you have a mortgage on,

in scale and nature to that brought about by the sub-prime mortgage crisis. But Patrick

I talked to my brother who lives in Chicago and his tax was double what my mortgage was

to that brought about by the sub-prime mortgage crisis.

which allowed somebody else to get a lien on it, get a mortgage, whatever.

The downside is you're not going to get a mortgage on the property.

then we will give you a mortgage if you have to have money.

When you go to sell the property, if the buyers are going to put a mortgage on it,

And all property taxes that have been paid, you know, through the payment of the mortgage on the property,

Well, if you bought it, even if you still have a mortgage on it, hopefully that deed is clear, correct, and a legal document.

It will not get you out of your mortgage, because that's a contract.

Understand that most mortgage companies and banks will not loan money

What if you currently have a mortgage on your property?

Can you get, bring your patent forward, or do you have to pay off the mortgage first?

The patent does not affect your contract to pay that mortgage.

to talk about mortgage issues. And since Michael from Maryland has been waiting so long and

he told my call screener he has a mortgage question, so we're going to let Michael ask

his mortgage question. Michael, thanks for calling in. I know you also have a red light

camera issue, but I would like to stick just to the mortgage issues right now because we've

you ask your question to Paul about your mortgage, about mortgage issues, Michael.

the mortgage, and so we don't care what you were assigned, it didn't give you standing.

Court did address the fact that MERS was put in place to give the mortgage company a different

place to register the mortgages. And the Supreme Court agreed that the statutory requirement

of a problem with a mortgage unless you're behind it and they're attempting to foreclose.

What we look at, the primary thing I want to look at with the mortgages and the reason

is if there's some type of mortgage fraud associated with past transactions and you

whole from harm, not taxable. If you sue the mortgage company for triple the harm they

Randy wanted to ask Paul a question about how mortgages are originated.

Now, you wanted Paul to discuss on how mortgages are initiated and created.

Yes, the main reason I brought Paul on is, the first time I had Paul on, he talked about how these mortgages are originated.

Paul, will you explain what you did the first time about the company you were with and how you created these mortgages and what you did with them?

Well, actually, Randy, the company I was with didn't create any mortgages.

What we did was we put together pools of mortgages.

The mortgages are already – I mean, each lending institution across the country, their boards and however their hierarchy is developed inside their company,

But their primary interest is in being able to have a pool of mortgage money.

But if you take that same bank and put them in Phoenix, Arizona or San Antonio or Austin, there's a tremendous incentive to have available funding in those markets to attract and to lend for mortgages.

The problem then becomes that as that local bank approaches its allocated amount of mortgage money,

they basically have loaned themselves out of the mortgage business.

And the only way they can generate additional funding internally to continue to make bank loans in the form of mortgage loans

and put a pool together of mortgage-backed securities and sell it to that pool

And XYZ Bank has $50 million that it's allocated towards mortgage generation, let's say.

get it sold into the secondary market as a mortgage-backed security

They're being funded in both the Fed Reserve window and this mortgage-backed pool

What I want to be able to do is create pressure on the mortgage company

We want to create pressure on the mortgage company to make them a deal they can live with.

through a secondary mortgage-backed security such as a trust arrangement,

if they've changed anything about his mortgage, if they've sold it to a new servicing company

mortgage-backed securities trust B, 2003 or 2007, that is a new security.

That loan was paid for when the investing public purchased that mortgage-backed security portfolio.

A lot of people get their mortgage. They never get a copy of the contract,

which is usually the bank or the mortgage company.

Even through the FDIC, you can get to the Real Trade Commission Act as far as mortgage foreclosures,

which there will be a lot of remedies as far as your mortgage foreclosures or even credit card debt,

Yeah, I know. We'd like to get into talking to Paul about issues on foreclosure and mortgages.

It binds and secures your property from that point in time until the terms and conditions of the mortgage are met

At which point in time, then the contract is complete, and you retain your property, and they've been paid back, and that's the way mortgages work

If they're processed dealing with a mortgage, or they're processed dealing with a tax liability,

but the mortgages, if the process of the mortgage was an unlawful process, and most of the time

And that would be like, for example, when you took out the mortgage, if there was a

promissory note in the documentation for the mortgage, in all likelihood today, if there

The way you save the property in dealing with mortgages and other things is not by using

If you want to enter into a contract for a mortgage or property tax or anything else

If you contract for a property tax or for a mortgage, you're subject to the terms and

your control over the relationship on the mortgage.

You see, they didn't even get to have the relationship on the mortgage or acquire the

I'm not talking about the mortgage.

The way they do it up here is when you get a mortgage on a house, that's exactly what

So if I entered into a contract of sale and I subsequently find that the mortgage company

If you try to resend the contract, all you do is accelerate the mortgage and you'll lose

to fruition, which generally comes to more than the amount of the mortgage in the first

pay after the sale, I believe you addressed it from the standpoint of an existing mortgage.

What I was talking about was where the mortgage is already paid off.

a current lien on the property like a mortgage.

Again, property taxes, mortgages, all of those kinds of things, they're contracts dealing

a way that folks can go on and enter the information from their mortgage directly into the forms

completed, a mortgage is a mortgage for the most part, and it should be able to work on

Same thing on mortgage foreclosures, IRS, I don't believe it, credibility.

we gave them that pressure, they said, look, the bank wants to raise this mortgage payment.

All right. I can see fraud on so many levels. I think it's time for Randy's mortgage analysis

that they do have access to everything like the the deeds of trust and the mortgage amounts

Because when you do a loan, the mortgage company that writes the loan almost immediately sells the note

Actually, each section concerning the consumer loans said this section does not apply to residential mortgages, reverse mortgages, and something else

It didn't apply to residential mortgages

I thought, what is going on here, and it took a while to figure out what a residential mortgage was

As opposed to a mortgage on a residential home that Regulation Z applied to

The difference is, a residential mortgage is a mortgage on a single or multiple family resident, up to four family residents

Those mortgages on single family residences that fall under Regulation Z are those mortgages that are lent to a consumer, a person who will actually live in the property

They would improperly induce someone into entering into a mortgage and then they'd sell that mortgage right away

That they were being led into loans that they couldn't afford and induced to enter loans without full knowledge and once the mortgage company sold the note, it left the lender without recourse

And what we're looking to do in order to help people negotiate better terms on either refinancing their note or getting a better deal from the mortgage company

And when the current owner of the note gets a tort letter telling them about all the crapola that the mortgage company pulled and claiming that you are the present owner and you are receiving unjust enrichment based on a fraudulent contract

And we're going to sue you for it. They're going to be really, really unhappy. And the idea is to get these guys to come back to the mortgage company and say, yo bubba, what is going on here?

And we give the mortgage company real good reason to play. Let's make a deal and give you a good modification or in some cases they're bad enough that you could possibly make the mortgage go away altogether

When the mortgage company initiates the note, they can charge an origination fee and that origination fee cannot exceed one percent of the face amount of the note

Cause to abide by each one of these notice requirements on every single mortgage. So we go through and on all of these we see a number of violations. That's one violation

it gets the mortgages and stuff because that's what I do.

I was looking for people to kind of join in with me and start buying up collateralized debt obligations and other commercial and residential mortgage bonds,

You still owe whatever money was on your mortgage for the house even though there's no house to live in.

They got their mortgage, they got their golf clubs, and they go fishing and hunting and

How many mortgages could that enlightened soul buy off the banks from previously denominated

completely lied to by their mortgage companies, who took their mortgage bond, sold it three

that they actually have the right to collect on the mortgage obligation you allegedly have.

risky subprime mortgage market, fueling a housing bubble that triggered the worst economic

plunged into the risky subprime mortgage market fueling a housing bubble

because they insured all these bad notes, mortgage notes.

I don't get into foreclosures per se, but I had something happen with my mortgage

on the mortgage issues

of interest which on again debtor creditor law IRS or mortgages they never say who the

So if you come in on, say, a mortgage issue and they haven't put the real note

mortgages we've got judges that are saying produce the note prove to us what is this property and and

You know, there are three credit reporting agencies because I know I used to be a mortgage guy,

Were you there on a mortgage issue?

And so that trumps the mortgage.

But watch out for mortgage companies.

I mean, 25% of the mortgage foreclosures in the country being in Florida

I mean, something that most people don't know is 25% of the mortgage defaults in the country are Florida mortgages

And that's because Florida has admitted that when they received complaints about banks and mortgage brokers committing fraud on homebuyers

But they admitted that it was in the tens of thousands of complaints about fraud being committed by banks and mortgage companies

and we could spend the next week talking about IRS issues and mortgage issues.

This means higher rates on credit cards, home equity loans, and many mortgages will follow

home equity loans, and many mortgages will follow the Fed's eventual recall of the trillions

of mortgage that the bank uses to throw out the bar of the home. What these videos demonstrate

number you get and what I'm doing with mortgages, I've kind of worked up this routine where

into court, if they didn't have to prove it, and say, this guy owes me money for this mortgage on

Okay, when we get back, Randy wants to present some material concerning mortgage fraud.

Plug your website and then give us an overview of this mortgage fraud program of yours.

You know, you would think that a lender, when he enters into a mortgage agreement, would be concerned that the borrower actually be able to pay off the loan.

And when you read them, one of the things I stumbled over, it said that this does not apply to a residential mortgage.

Well, it turned out that a residential mortgage is where someone purchases a house for the purpose of investment, to lease it out or rent it out or to resell it.

If you purchase a mortgage, a property for the purpose of consumption and you consume the property by living in it, that's a protected transaction.

The lender then, the lenders traditionally were banks. They were actually mortgage companies.

So now we've got the lender is no longer really a mortgage company in the traditional sense.

And then you have what was supposed to be a mortgage company, but he's really just another broker now.

And what he does is the mortgage companies will go get a large loan from Chase or Wells Fargo,

They would convert that loan into 20- and 30-year mortgages.

So they never intended to keep the mortgage when they wrote it.

The first guy purchases and holds the pool. The mortgage company will create a pool.

And they may combine with other mortgage companies to get enough mortgages in one group,

Well, he's not interested in the individual mortgage.

He's interested in the pool, 8, 10, 15,000 mortgages maybe in one pool.

will generate over the life of a 30-year mortgage about $220,000.

With the mortgage crisis worsening,

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

With the mortgage crisis worsening,

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

Anyone who has a mortgage from time to time will get a new servicer

In fact, probably most are not. There are things like warehouse fee, which in the case of a mortgage banker

Well, those kind of things are going to depend really on whether or not this is a mortgage banker who did the loan

Or if they're a mortgage broker who is strictly just a paperwork guy

See, the mortgage broker never puts their own money into a deal

But the mortgage banker is the one who's got the $50 million credit line, let's say

And she was a mortgage broker for, I don't want to say how long, she might get mad at me

Regardless that they can charge higher, but for close-ended mortgages, 1%, period

Yeah, that's the only loans that I'm dealing with at the moment are consumer loans, not residential mortgages

I'll just say it. Everybody who gets a license, whether it's real estate license or a mortgage license

Before the ink was dry on your mortgage papers, they have already created fraud

If you look at your mortgage papers, it will talk about MERS on there

Mortgage Electronic Registration System, okay?

Well, in a mortgage you have two documents

One is your debt note, your promise to pay, and the security, which is the mortgage or deed of trust

In other words, the deed of trust or the mortgage document and the promissory note, okay?

how the lender is not really a mortgage company anymore,

He gets this large loan, converts it to 20, 30 year mortgages

The mortgage company invests an amount of money

As soon as the mortgage company secures the note

as a rule, they're just a mortgage company and all of their whole business is creating these notes.

So, if you have a mortgage, when you sit down at the settlement table and sign the note,

that she was not allowed to accept more than 1% of what the mortgage was.

with Merge, mortgage electronic registration system,

But then again, you already know who it is because you're paying the mortgage.

With the mortgage crisis worsening,

If you have a mortgage or have paid yours off,

With the mortgage crisis worsening, we set our sights on finding a remedy for people

If you have a mortgage or have paid yours off, you have probably been cheated out of

Let me preface my question by saying that Mr. Kelton and I work in the same field when it comes to mortgages

the means in which to possibly negate their mortgage. Most of these mortgages are above $100,000 each, some in the range of half a million dollars

If we were successful in putting in our client's hands the tools that they need to possibly negate these mortgages in, let's say, numbers of 100,000, maybe 200,000

Once that money has been repaid, if every mortgage in the United States was repaid tomorrow, there would be no currency in circulation at all and everything would cease

This mortgage crisis is getting worse by the day.

the mortgage where they can pay it.

They're better off if the person paying the mortgage is behind every month because they

With the mortgage crisis worsening, we set our sights on finding a remedy

If you have a mortgage or have paid yours off

With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands

A lot of the banks, I guess, or some of the mortgage and bank companies have sold off

With the mortgage crisis worsening, we set our sights on finding a remedy for people

If you have a mortgage or have paid yours off, you have probably been cheated out of

With the mortgage crisis worsening, we set our sights on finding a remedy

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

the mortgage crisis worsening we set our sights on finding a remedy for people

who have been cheated by their lenders if you have a mortgage or have paid

The report concluded Lehman died from bad mortgage holdings and, less directly, demands

the mortgage crisis worsening we set our sights on finding a remedy for people

who have been cheated by their lenders if you have a mortgage or have paid

Yes, my question had to do with a mortgage or a hypothetical situation.

with the mortgage crisis worsening we set our sights on finding a remedy for people who have been cheated by their lenders

if you have a mortgage or have paid yours off you have probably been cheated out of thousands

me to examine all of these mortgage issues without being on the hook for them.

But isn't that only for the mortgage though, Randy, not the note?

they call a mortgage, sometimes they call a deed of trust, different states, different

the security instrument to be filed, because we're not talking about the mortgage, we're

Ohio is not a trust state, it's a mortgage state.

So they set up MERS so you could do mortgage electronic registration service.

I just read an article today about how these mortgage companies are scrambling to try to

the mortgage?

Because the mortgage is what's expensive because it's several pages long.

What are you calling a mortgage?

The mortgage is the lien, the lien document that gets filed.

note, but you're referring to the mortgage.

with the mortgage being split from the note.

And once the mortgage is split, the note itself...

Then you're calling the mortgage the lien document.

Then you're calling the mortgage the lien document is what you're calling the mortgage.

In Ohio, it's the mortgage.

You're calling the lien document a mortgage.

Where they said, you know, oh, no, no, guys, that was just the second mortgage situation.

With the mortgage crisis worsening,

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

The report concluded Lehman died from bad mortgage holdings and less directly, demands

Well, since I've been fighting my mortgage since 2001 and learning a hell of a lot about

With the mortgage crisis worsening, we set our sights on finding a remedy for people

If you have a mortgage or have paid yours off, you have probably been cheated out of

And then during – when you were talking about the mortgages and then when Eddie was talking about something else, it cut off those two different times, too.

of their losses. Well, in the world we live in now, the mortgage company as we think about

mortgage companies is not really a mortgage company anymore. We think of a mortgage company

$75 million loan and they convert it to 20 and 30 year mortgages. Problem, they have

to pay that loan back in six to nine months. So when they create the mortgage, they have

create the mortgage, they have someone standing in line waiting to purchase it. A whole cottage

to convince everyone that with the growing housing demand and increase in mortgage prices,

slavery. They wound up spending their entire life trying to find a way to pay this mortgage.

to come back in now and let Randy continue on with his information regarding these mortgages

With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

The report concluded Lehman died from bad mortgage holdings and, less directly, demands

with the mortgage crisis worsening

if you have a mortgage or have paid yours off, you have probably been cheated out of thousands

claims, you know, such as credit card debts, mortgages, teaches you that basically the

Anyway, I've talked to you a couple of times in the past concerning my mortgage situation

With the mortgage crisis worsening, we set our sights on finding a remedy for people

If you have a mortgage or have paid yours off, you have probably been cheated out of

With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands, but there is a remedy.

The report concluded Lehman died from bad mortgage holdings and, less directly, demands

With the mortgage crisis worsening, we set our sights on finding a remedy for people

If you have a mortgage or have paid yours off, you have probably been cheated out of

with the mortgage crisis worsening.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

creditor Mike yep they were they were listed as a servicer and I looked through my mortgage

if you're getting into the mortgage foreclosure thing that kind of stuff qualified written

mortgage audited yeah yeah well then you can go after the servicer you know and and just

to strike back against corrupt public officials with the mortgage crisis worsening we set our

sights on finding a remedy for people who have been cheated by their lenders if you have a mortgage

The report concluded Lehman died from bad mortgage holdings and less directly, demands

the mortgages and sell them off in packages to various debt collectors.

They ask you simple questions, you know, like how much is your rent or mortgage and how

who bought insurance, anybody could bet on these bad mortgages and they bought insurance

people how to strike back against corrupt public officials, with the mortgage crisis

their lenders, if you have a mortgage or have paid yours off, you have probably been cheated

All right, Willow, I know you had a question for Randy about some mortgage stuff,

With the mortgage crisis worsening,

If you have a mortgage or have paid yours off,

With the mortgage crisis worsening, we set our sights on finding a remedy for people

If you have a mortgage or have paid yours off, you have probably been cheated out of

I've got a mortgage foreclosure question, if that's okay?

I had a court reporter, and then he asked me, when did you pay your mortgage?

mortgage issue and I was considering a way if we have a mortgage company that's acting

With the mortgage crisis worsening we set our sights on finding a remedy for people

If you have a mortgage or have paid years off you have probably been cheated out of

With the mortgage crisis worsening, we set our sights on finding a remedy for people

If you have a mortgage or have paid yours off, you have probably been cheated out of

mortgages for contributing to the economic meltdown.

which is upsetting, because my name is on the deed, and it's not on the mortgage, and

people how to strike back against corrupt public officials. With the mortgage crisis

their lenders. If you have a mortgage or have paid yours off, you have probably been cheated

With the mortgage crisis worsening, we set our sights on finding a remedy for people

If you have a mortgage or have paid years off, you have probably been cheated out of

Regarding the mortgage issues and the rest of the letters and so on,

With the mortgage crisis worsening,

If you have a mortgage or have paid yours off,

With the mortgage crisis worsening,

If you have a mortgage or have paid yours off,

With the mortgage crisis worsening

If you have a mortgage or have paid yours off

With the mortgage crisis worsening, we set our sights on finding a remedy for people

If you have a mortgage or have paid yours off, you have probably been cheated out of

Oh, okay. You don't exactly write HOPA, RESPA complaints. What's the situation on his mortgage? Is he in foreclosure?

Maybe we should get into the whole mortgage thing tomorrow night because we've got three other callers on the board.

Yeah. And we can talk about this mortgage stuff tomorrow night on the air too.

With the mortgage crisis worsening,

If you have a mortgage or have paid years off,

you'll find that many, most mortgage companies upcharge that, which is a hidden fee.

The mortgage company, to take off of your original amount of your note,

and they really don't have any law to put out there, but they've made a ruling that the mortgage company,

the little mom-and-pop mortgage companies around here can't call the appraiser directly.

They have to call somebody in New York or wherever this individual company may be, which is probably owned by a much larger mortgage company

As long as, and I say notes, I've held a lot of mortgages and still hold a lot of mortgages that we might need to look over.

Randy, you wanted to talk about mortgage stuff, we started talking about that last night towards

a big loan from a big bank, convert that bank to 20, 30 year mortgages and then they have

it's not happening anymore, that's all stopped, but they were buying mortgages and they put

get the note, they have you buy mortgage insurance and this is one of the things that we raise

as an issue that the mortgage insurance is not something you should have to pay, that's

for the mortgage company if they want to insure themselves, knock yourself out and don't bill

out of the remake, out of their real estate mortgage investment conduit because if the

They use predatory lending practices to turn them into 20, 30-year mortgages, sell off the security instrument,

I have never seen that in any residential commercial mortgage, I mean a consumer mortgage note.

It's just like with the mortgage companies.

And with the mortgage stuff I'm doing, what I'm doing is looking for the weaknesses.

didn't dodge the mortgage mess but made more than we lost by betting against the housing

With the mortgage crisis worsening, we set our sights on finding a remedy for people

If you have a mortgage or have paid yours off, you have probably been cheated out of

firms committed fraud in the lead up to the subprime mortgage meltdown.

With the mortgage crisis worsening, we set our sights on finding a remedy for

If you have a mortgage or have paid yours off, you have probably been cheated

With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands, but there is a remedy.

With the mortgage crisis worsening, we set our sights on finding a remedy for people

If you have a mortgage or have paid yours off, you have probably been cheated out of

with the mortgage crisis worsening.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands,

And if you had a mortgage on it, then you are not yet the owner, correct?

As long as it's under a mortgage, you're not

Or the mortgager or the lendy or whoever, okay?

But again, you would have to search and see what the contract, the mortgage itself

their mortgages so you think about it. The mortgage companies aren't making any money

because the mortgages are already paid. They don't like that. They want mortgages on all

is worth less than the land, you can't get a mortgage. You can't take out a home equity

wants to come in and buy a home, a property in the neighborhood, they can't get a mortgage.

And I'd had one of my mortgage companies that had answered back right away said that they

Things so far and that last letter that you'd helped me with on my second mortgage, that's

With the mortgage crisis worsening,

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

And that doesn't just go to mortgages, that goes to any presentment,

just like the note you filled out when you got your mortgage.

And this is an issue we're taking up with the mortgage issue.

With the mortgage crisis worsening, we set our sights on finding a remedy

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

ministry occupied by communist protesters. The Mortgage Bankers Association said Wednesday

more than 10% of homeowners with a mortgage missed at least one payment in the period

a mortgage, are at risk of losing their homes. They have either missed at least three payments

The bill seeks to curb abusive lending, particularly in the mortgage industry, and to ensure that

The bill seeks to curb abusive lending, particularly in the mortgage industry,

They were having a mortgage issue, and I told them,

Debts must be collected and loans and mortgage foreclosed as soon as possible.

the way that's probably involving a mortgage. I'm going to say that most people own their

property as a result of a mortgage and not paying cash. Your mortgage puts you in business

with the state. Actually, your mortgage company is the one that is supposed to be paying the

Randy, there's another fraud to go after the mortgage company is on. It's the property

They didn't have mortgages.

People back in the depression, if you had a second mortgage, you were not an industrial

pay the mortgage.

and then they'll award the mortgage to the other person and all these sorts of

because if somebody signs a mortgage,

In the meantime I found out and their lawyer told me that the mortgage company had foreclosed

My ex-wife had put a security block, I was originally on the title but not on the mortgage

But however, if it's regarding a bankruptcy or a mortgage or credit cards, then that definition of the word debt does not apply.

a big portion, legal portion, would be predicated on fraudulent mortgage debt note

to the question I've got, which is what is the charge for the process to help with the mortgage?

Wait, did you say what was the process to help with the mortgage?

What is the fee for helping with the mortgage?

And 42 U.S. Code 1983 is pretty specific. Is this related to a mortgage issue or something else?

Well, I really don't know how I'm going to make my mortgage payments

We had a guy here in Colorado who was up to date on his mortgage

If anybody else is in San Diego and they have mortgage issues, you might want to give me an email and come down.

on what's going on with your mortgage fraud business?

and I'm going to go by the house across the street and not have any mortgage.

Evening. One issue, I've got two issues I'd like to discuss. One is about mortgages. And

going to get behind in his mortgage, the first thing he needs to do is see if the other side

is complied with a Freddie Mac arrest book and all the necessary laws for mortgages.

to sell up a mortgage. But however, they haven't shown that they even have standing. And that's

you'll write to the mortgage company and especially the attorneys. They completely ignore you

to do. So in a mortgage, absolutely, just start doing your pre-trial discovery and start

The homeownership program aims to reduce mortgage payments for millions of homeowners who can't afford their monthly bills.

He tried to get his seminars, his two-day seminar on mortgage fraud scheduled over the weekend,

Okay, yes, my background is pretty much, I have a banking background primarily in mortgages

He's actually giving a seminar tonight on mortgage fraud, so he's not here with us tonight, but he will be back on Thursday night

Yeah, now the way that I know that Randy handles mortgage fraud issues because I understand what you're saying about the Constitution

He looks for legal violations, he looks for violations in law that have been made on the part of the banking industry because there are very specific laws regulating the mortgage industry from state to state and also at the federal level

And pretty much every mortgage has literally hundreds of violations in the paperwork of the mortgage itself violating statutes at the federal level and at the state level

And so what he does is he does an audit, a mortgage analysis audit of the mortgage paperwork itself and discovers what all of the violations are and then helps people write up lawsuits

And yes Anthony, the way I see it, the way that Randy handles mortgage fraud issues

So it's not about the debt at all, well it's sort of similar to that, the way that Randy handles the mortgage issues

He looks for violations of law in the mortgage itself and he says there's not one mortgage that is proper according to law

Just strictly doing an analysis and audit of the mortgages and finding the violations of law that the banks have committed in the mortgages

And then going after the banks and getting the entire mortgage dismissed and people come away with their houses

You, that's the best time to have your mortgage analysis done and get out from underneath the debt by having a mortgage analysis done of an audit

A mortgage audit and find all the violations and then you're the plaintiff straight up and just sue the bank before anything happens

Yeah you need to sue them, you need to have a forensic mortgage audit done first off the bat

No, you don't have to subpoena anything, you have copies of the mortgage papers

You get copies of everything when you take out a mortgage

If not then you don't have to subpoena anything, you just go to the bank and ask them to copy the mortgage file

You just get a copy of all the mortgage documents and then Randy can do a forensic mortgage audit

And Randy's other website that deals with the mortgages issue is remediesinrealestate.com

The rest of the claims are generic to most every consumer mortgage in the country, the issues of agency standing capacity, the validity of the security instrument, the validity of the lien document.

I applaud him for doing a good job in the mortgage areas.

And I used to do mortgage for people, but I got too busy with tax and traffic.

But anyway, people come to me for mortgage issues, and I do ask them,

But we want everybody to be able to stop their mortgages.

even if you are going to assist someone with a mortgage,

And then the mortgage side, you've got to have a 30-by-6 witness.

So you have said the right thing, sir, in a non-mortgage foreclosure state.

And Randy's going to talk about some mortgage issues tonight.

But before we start in with the mortgage issues, I have a few announcements to make.

So why don't you tell us what is going on with you and these seminars and the mortgage fraud business that you've got going on

Busting up mortgage fraud and helping people get out of these foreclosures and stuff like that

Where someone decided that you could take a consumer real estate mortgage

Because this encouraged people to go into business as mortgage companies

And converted that loan into 20- and 30-year mortgages

So when the mortgage company secured the note, they had no intention of keeping it

What they are is mortgage insurance

Most everybody sees a mortgage insurance policy on their note

That mortgage insurance policy will pay the holder of the policy

The entire amount of money invested in consumer mortgages in the United States is on the order of $15 billion

So if you have a mortgage right now

And you've been in the mortgage more than three or four years

If you are engaged in a mortgage, you will watch the value of your property

any money you pay into the mortgage will be more than made up for

for chump change, and you can have your mortgage.

On a $200,000 mortgage, we will generally find about $1.2 million

and your mortgage fraud business

It's put out by the Mortgage Bankers Association,

Have you ever thought about using the strong arm statute on the trustee to make him settle the mortgage issue?

But the last time I was in Chapter 13 in 2005, we successfully got to mortgage people

And I had an appraiser come in and appraise it, and then we fought the mortgage company

and I successfully reduced my mortgage in half doing that.

You absolutely have grounds to file a suit. What's the condition of your mortgage?

and it had specifically to do with the mortgage industry because people are losing their houses

job growth and homeowners continue to fall behind on their mortgage payments.

In the meantime, Randy, why don't you give us an update on what's going on in the mortgage fraud industry?

Defendants recorded or caused to be recorded deeds of trust slash mortgages and other documents which identified MERS as the beneficiary, which MERS is not.

And holding legal title when legal title rested with the trustee in this state, which uses a deed of trust to secure a mortgage.

Now, as I read that, that means that virtually every mortgage, every deed of trust, is a falsity on its face.

The mortgages are deed of trust, annulety.

if you were coming up to Connecticut, if there was a possibility of setting up one of the mortgage seminars up here?

If they had $10,000, they'd pay the mortgage.

before we start getting off on a mortgage topic or something else.

the mortgage merging titles we're working on that

say somebody has a mortgage and they've got a lien

and this is concerning your mortgage business

now but are listening online or on the listener line, et cetera, Randy is giving a mortgage

until 8. This seminar is strictly on the mortgage fraud industry. It's not going to be on due

free is because he is giving the initial information for people who may be victims of mortgage

strictly for the mortgage fraud industry so that you can determine if you want to use

mentioned it about the use of Randy's services to deal with mortgage issues. I did put in

even to deal with the mortgage industry. He will be on the show again on Thursday. He's

Disease as far as mortgages go.

And I've got some, several mortgage documents that I have over the years that I've had seven,

I don't have any, I've had mortgage documents over the years.

Okay, what condition is the mortgage in?

In the meantime, again, folks, Randy is having his mortgage fraud seminar this

Alright, so in the meantime, this coming Saturday, Randy has one of his mortgage fraud seminars

There were a couple of dynamics that changed that completely flipped the mortgage industry

of all mortgages will default.

back every penny you've paid them, principal and interest, not the mortgage insurance and

Wells Fargo Mortgage Company is being sued in the Hague

So if you have a mortgage, you've got to understand what's happening

If you got a mortgage two years ago or in 06, 07, high to the bubble,

And I'm doing mortgage issues, and everything I do is about how much damage can I do to the other side?

We're going to be talking about some mortgage issues tonight.

Tomorrow night, Mike Mirris, and tonight we're going to be talking about mortgage issues.

I'm looking forward to discussing some mortgage issues with him.

He does a mortgage program that's somewhat different than mine.

When I started doing the mortgage program, I had no idea that they were doing anything

come to the surface in these fraudulent mortgages, one of them being bifurcation.

In English, the separation of the note from the deed of trust or the mortgage.

I've got it pretty close, but it was determined that the note and the mortgage are inseparable.

The assignment of the note carries with it the mortgage, but the assignment of the mortgage

loan into 20 and 30-year mortgages.

into a real estate mortgage investment conduit, a REMIC.

I quote, a note and mortgage are inseparable, the former as essential, the latter as an

incident, an assignment of the note carries with it or sorry, carries the mortgage with

Then we have the lien document, the mortgage or deed of trust, whatever it happens to be

If anybody's heard of Mears, Mortgage Electronic Registry Service, there is a movement going

If you find that you have Mears in your mortgage, you may have a good case.

Mears is inextricably intermingled with all of these mortgages.

You can't extract Mears from the equation without invalidating all the mortgages.

So if you have a mortgage, soon, now is the time to sue, the politics are turning in our

If you buy all this matter, it goes to our primary premise, if you're in mortgage, in

It's one of them, and the mortgage industry has been in such a mess for so long, everybody

But the mortgage industry is in a terrible mess, and the bubble bursting and causing

like the fact that you're being screwed royal, and if you've entered into a mortgage in the

Well, most of us, when we think of mortgages, we think of mortgages from an archaic perspective.

They get a large loan and they convert that loan into 20 and 30-year mortgages.

They call themselves mortgage companies or banks, but they're not banks or mortgage companies in the traditional sense.

But in any event, my other key question is in our case, we are fully paid up on our mortgage and we're thinking about possibly moving in one to two years or else possibly renting or selling our home.

Hang on, predatory lending peaked in 2006, 2007, so if you refinanced in 2005, you've got a better chance of finding more violations than somebody who's been in their mortgage since, say, 2000 and never refied.

With mortgage analyses, we tend to find more violations in refinance contracts than we do in original mortgages and those are primarily between the years 2005, 2009.

They get boxed together just like the mortgage notes get boxed and they're sold as a $100,000 lot

AIG, when we bailed them out all over the news, they were insurer of mortgages.

And they had all these bad mortgages that failed.

They bet on that, knowing that they were risking mortgages and that if they failed,

And this is the second mortgage they've taken for me that they're the servicer on.

Not a mortgage.

She's dealing with the mortgage fraud issues with Randy and his new business.

I have several mortgage companies that I work with, I say mortgage companies, that do the

And the servicers of the mortgage, the guys you make your payments to during your credit

the mortgage stuff.

I said, I don't do the mortgage stuff, I don't do Tila, Respa or any of that stuff, that's

MERS is getting...if anybody has a mortgage out there and the lender has filed it with

Mortgage Electronic Registration Service.

Good chance you can get your mortgage trashed.

lot of success going after these banksters, dealing with these corrupt mortgage industry.

It starts slandering scamsers and con artists exploiting the mortgage foreclosure crisis.

all over and doing this just happen to be mortgage and foreclosure attorneys.

Let's see, exploiting the mortgage foreclosure crisis.

So Randy, how long do you think it, and then they talk about the mortgage stuff.

but I had someone raise that issue today that they got paid off by the mortgage insurance.

It's not really a payoff of the mortgage.

Wait a minute, he's buying the house from your father, is he assuming a mortgage?

Then, okay, then that's not exactly shady, it's just not a mortgage.

and it does not involve purchase money then it's not a mortgage.

So that's just simply an installment loan, it's not a mortgage and that's a private contract.

But from what I understand, the mortgage company doesn't look at it that way.

Okay, will the short sale turn pay off the mortgage?

It will be less than the mortgage.

Then what happens to the mortgage?

Your father has the mortgage on the property, right?

Does your father have – can he assign the mortgage to someone else?

Okay, either he has to pay off the mortgage.

Well, the mortgage company is going – in other words, they put the house up on the market,

and the market is saying this house isn't worth the amount of the mortgage.

You know, he's not going to pay the mortgage out.

and the amount of the mortgage.

Do you think we should have a fraud examiner examine the mortgage

So in other words, if the mortgage company tries to muck this up,

Yeah, that may give you leverage to get the mortgage company to make a deal,

So if they lose, then not only would – if your father's unable to pay the mortgage –

Unless there's some way that the new person could assume the mortgage,

Right, because there's no way he's going to sell property for the amount of the mortgage.

It's very similar to the earlier caller about the mortgage,

and in that process I found out that there were a lot of wrong things in the mortgage,

the things the mortgage company did improperly.

So I need to know what steps can I take to call in that mortgage, get that mortgage voided.

This mortgage thing, what would be the process?

What would be the steps to get a fraudulent mortgage voided?

I know a couple who are up to date on the mortgage, but it's countrywide and they've sold it.

I made it back, and my question is, in the process of getting a petition deed from my mortgage company,

the title attorney who did it said, man, this is one of the worst mortgages I've ever seen.

It's not some other kind of mortgage, and it's full of holes.

MERS is Mortgage Electronic Registration Service.

So the person who collects our mortgages is not the holder.

But what they regularly do is take out insurance policies on your mortgage.

Yeah, it depends on what the mortgage contract said that... If it's in the contract that

What kind of leverage do you have when they keep selling your mortgage without you even

selling the mortgage as if that harms you.

I'm sitting here with a builder manager, a real estate agent, and a mortgage broker,

Okay, in regards to property taxes, I've heard a lot of mention recently about the mortgage fraud situation,

a bank will not give a mortgage on a piece of property to buy a piece of property

They've paid off their mortgages.

And so the banks are not making a dime off of this neighborhood because nobody has a mortgage.

And then also I have heard a lot about the whole mortgage fraud issue with Merce and all of that kind of stuff.

Randy, we've been pounding away on mortgages for a long time,

and have done a great job, and we're seeing the mortgage

in on mortgage issues, correct?

and another one, that their paperwork in the mortgage

As you said, 90-plus percent of the mortgages foreclosures

Foreclosure suspensions affect mortgages in 23 states, including Florida and New York.

into this mortgage, and then he went and wrote a mortgage insurance premium on your property.

Hi guys, good news on how widespread knowledge of mortgage fraud has become. I was actually doing a candidate forum two days ago at a, believe it or not, a college, and the students had a lot of good questions about this, and this was one of the things I'd focused on.

And yeah, the mortgage thing's really taken off.

First real briefly, how do we think that this mortgage fiasco will affect homeowners

That's exactly what I'm concerned about because when I called the mortgage company,

So you're still engaged in the mortgage?

Is that something that maybe we could look at in the mortgage industry?

and basically, the mortgagee, not the landowner,

and addresses some of this mortgage mess?

Randy is going to start off by talking about the fraud in the mortgage industry.

Yes, we've been talking about what we expected to happen in the mortgage industry for quite

They pretty well dropped the sky on the mortgage industry.

There were two primary decisions, first one was just an individual mortgage company saying

The next one went to MERS, Mortgage Electronic Registration Service and MERS is on some 62

combined all of those into a real estate mortgage investment conduit and sold percentages of

It was required that the sale of a security instrument based on a consumer mortgage be

filed in the public record with the county recorder's office, but MERS, Mortgage Electronic

Well, it's taken until just before the election for the issue of the mortgage to become political.

One of the things that came up recently is this thing of all of these mortgage companies

These mortgage companies are creating predatory loans hand over fist, and they're going bankrupt.

talking about the real estate mortgage industry and what a mess it is in.

We're talking about why all of these mortgage companies are going out of business.

Well, what the deal may be is that the mortgage company is not what it appears to be, a private

company trying to secure consumer mortgage notes and then sell them to the special purpose

It appears as though the mortgage company may actually be an undisclosed arm of the

actually is creating the mortgage company and having the mortgage company create these

predatory loans and then transfer the loans via a purported sale from the mortgage company

The reason they would do this is so they can use the mortgage company to hide their profits

implemented rules that say that only the mortgage company can hire appraisers.

The mortgage company has exclusive right to hire the appraiser.

This gives the mortgage company undue influence over the appraiser so that the mortgage company

That allows the lender to extract the higher mortgage from the borrower and when the mortgage

because each time the mortgage company transfers a security instrument to the special purpose

In other words, they bundle up the mortgages into these bundles and sell them, and so then

They bundle them up, they sell them into a real estate mortgage investment conduit, this

we are looking at in the mortgage industry, and this is a problem that could follow us

This is a terrible problem, and it really came to light when the mortgage companies,

So when we file suit based on the fraud in the mortgages

I had one other question about the mortgages.

And I would like to discuss about the Fair Debt Collective Practice Act used in the mortgage situation.

credit cards, or even as mortgages.

On the surface, it seems counterintuitive because when we think of mortgage companies,

we tend to think of mortgage companies in terms of it's a wonderful life,

We have all of these long-term consumer mortgages,

But what this did was create an opportunity for people to go into business as a mortgage company,

convert that loan into 20-, 30-year mortgages.

So he doesn't have to get into a long-term mortgage arrangement, he just creates the loans,

The lender asked for a guarantee in the form of a lien document, a mortgage or deed of trust or whatever they call it.

In the mortgage industry, the reason I say all of this stuff they do,

If you look at your mortgage paperwork,

you'll find a mortgage insurance premium listed on the HUD-1 settlement statement.

You bet that if the mortgage defaults, you make a bet with the insurance company on the mortgage defaulting.

Now, on this bet, if you win, you lose, because you can't bet that if the mortgage forecloses, you'll get more than the principal.

That bet is regulated, and for you to be able to make such a bet on a mortgage you created,

It's all too well orchestrated for 10,000 mortgage companies to have set this up,

Not only do we have to now go back and instead of paying mortgages

We're getting depositions now from people that have left the mortgage industry

And he says, they're cleaning up their affidavits and trying to get people to repurchase these mortgages.

I had a question about the mortgage and pooling and servicing agreement, all this stuff.

Countrywide initiated the mortgage.

Other notes, like if you refinance, right, and you pay off a previous mortgage,

And we have evidence that people have had banks try to foreclose when the guy never had a mortgage.

And then guys who paid off their mortgage had other people trying to come and collect the mortgage a second time.

Yeah, I've had a mortgage since 2007, the very beginning of 2007.

That's fine. It's a mortgage. Go ahead.

Sounds excellent. All right. Well, City Mortgage bought my loan two months

by a company called Nation Star Mortgage, who I've never heard of.

Well, I'm saying are you up to date on your mortgage?

If not, anyway, I don't suggest you stop paying the mortgage

However, right now we're handling a mortgage question.

See, what I thought was very weird was now that all this mortgage fraud stuff is coming out in the open,

I have been up to date on my mortgage.

Well, I will give you an email and I know what day do you all do the mortgage thing because I'll give you all a call back then.

Right now, the sky is falling in on the mortgage industry. The lenders are getting clobbered from every side.

when the real estate mortgage investment conduit fails, then they swallow your retirement funds.

I'd want quiet title, and I'd want all my money back that I ever paid into the mortgage, too.

but Randy has to do a little bit more research because we don't have a mortgage in our situation.

But I'll tell you, if it was me with the mortgage, I would be asking for quiet title,

place that has a $229,000 loan, and we paid the mortgage for years and years and now it's

Right, and it's with an American Home Services mortgage, which was option one, and they keep

Just go on to mortgagecrime.com and...

Mortgagecrime.com?

started, go to Randy's website, themortgageclimes.com, and enter in the information, and then someone

just keep saying mortgagecrimes.com and I have not been able to pull it up.

Is it mortgage crime or mortgage crimes?

I keep getting redirected. It comes up mortgage crimes not crimes and I don't know what's

$1.6 trillion worth of loans, two-thirds of the nation's mortgages.

credit reports and of course if you have any mortgage issues randy's remedies in real estate

you say that on the mortgage crisis you're good with co-state to the federal and i was just going

dealing with his mortgage business now. He's got people that are, their wives are in the

And they had a reverse mortgage, which is upside down

And they say that we have to pay the mortgage in full

Can that be done? Can reverse mortgage be checked out

But reverse mortgage is something I have not yet investigated

I mean, usually someone gets a mortgage, they start paying monthly payments

It's a reverse mortgage, Deborah

So every month, the mortgage goes up

So when the lenders realized that the market was going to crash, they started pushing for reverse mortgages

The mortgage, the property value is not going to go back up

Okay, I need to research reverse mortgage fraud

You are the third person that's approached me with a reverse mortgage issue

However, I do have, just from my other research, indication that there's a tremendous amount of fraud in reverse mortgages

If you can find some fraud in the reverse mortgage

Yes, I also have a mortgage issue

with so many people upside down on their mortgages

and so we don't have a mortgage problem.

Randy, do you have like an e-mail address for your mortgage company that she can e-mail you,

I have a tax client who has paid off their mortgage, and after doing so, it was with B of A,

to the problems that mortgage lenders Fannie Mae and Freddie Mac,

And Randy's business with the mortgage recovery couldn't be better timing.

I mean, mortgage brokers have been pulled in, title companies, like I said, the person who bought the home.

And, you know, we knew mortgage brokers and people, you know, who could help make the deal happen.

And if somebody, you know, if you've got a wife, you've got kids, you've got a mortgage, you've got responsibilities,

It was August the 19th and October the 15th on your mortgage that you did.

The company that I was dealing with at the time was FFA Mortgage,

my actual mortgage company that I could send the payments to,

But if you've got mirrors in the mix, you have no idea if you're paying off your mortgage or not.

They assigned the mortgage right before or actually after the complaint, the whole mess.

It could be all the rogue public officials, the mortgage fraud, the whole nine yards.

I am not a mortgage specialist, so if you have a mortgage question, please save that

long as it's not mortgages.

Now that you mention it, they shouldn't be able to sell a mortgage note if it was of

look at that arm at the adjustable rate mortgage, because they do all kinds of cheating with

the mortgage itself.

That's one of my other websites where we do mortgage issues.

We explain the kinds of things they're doing in the mortgage industry, so it'll make sense

So if you have a mortgage, if you're behind on your mortgage, go after them, fight them.

But what we have with the issue of how do you stop a mortgage foreclosure,

first is if it's a mortgage company, they have to have someone to represent them under Rule 30B6

Okay. What is the condition of your mortgage? Are you...

With my mortgage, my current mortgage is a 30-year note. I'm about 15 years into it.

So if you're in a loan and you're having trouble with the mortgage,

Yeah, if you have other questions tonight, you can go ahead and ask them tonight unless it's mortgage issues.

No, it's not mortgage issues.

Origination just like mortgage tax is in that zero percent tolerance, meaning you cannot

It seems real obvious what happened, I mean the fact that they didn't disclose the mortgage

But now that this has come out about the mortgage tax that they didn't disclose, now I mean

And this is a national mortgage bank by the way, they loan in all 50 states I believe.

the mortgage to close and he wants to forget all about this right now but that's not going

to get this refinance with, is that the same lender that currently owns the mortgage?

Now, with the MIRA's method, it doesn't really apply to mortgage situations in general.

and so Mike Miras has already said that in general, his methods don't apply to mortgage

mortgage, I'm sure there's plenty of TILA and RESPA violations and so if worse comes

And then even if you're holding the note, show me the mortgage and prove that the mortgage

hasn't been separated from the note because if it has been, the mortgage became void at

Was this a large bank or was it a mortgage company?

One way was to reach out to some mortgage lenders to see about negotiating the terms

of mortgages on behalf of my clients.

He had a pristine mortgage payment history on his current mortgage.

I referred my client to this mortgage bank that I had begun discussing future business

On this good faith estimate, our loan officer failed to disclose the mortgage tax that borrowers

In New York State, they call it mortgage tax.

It's usually 1% of the mortgage amount.

On the good faith estimate, my loan officer quoted $0 for the mortgage tax, and this is

something that has to be paid or the mortgage will not be recorded.

and per RESPA, mortgage tax or transfer tax is part of the 0% tolerance, meaning whatever

It cannot go up even a penny, meaning someone is going to have to pay this mortgage tax.

They are now obligated to pay this mortgage tax, which would be 1% of the borrower's loan

that's needed for mortgage approval.

was his current mortgage was set to balloon at the end of September, and that was why

Okay, well, when I left off, I was just explaining that my borrower's original mortgage was set

Now we're getting into the end of October, early November, and my client's mortgage has

mortgage lender.

In the meantime, because the current mortgage ballooned, his credit is now showing mortgage

It counts as a mortgage late.

took a look at my client's credit, and his mortgage ballooned, and he now has three mortgage

His mortgage has ballooned, he's now 90 days late, and faces possible foreclosure.

for any excuse possible not to close this loan because they don't want to pay the mortgage

And if they don't pay the mortgage tax, they risk violating respite.

We could have gone to a different mortgage lender and tried to save this before his credit

I think only in the case where the borrower meets all of the criteria for mortgage approval.

you know, all the criteria that has to be met in order for them to get mortgage commitment.

And even when they issue mortgage commitment, a lot of times it's conditional commitment.

they could turn around and say, hey look, you've got mortgage rates on your credit,

They didn't want to pay out of pocket the mortgage tax.

What do you mean the mortgage tax?

If you look at a good faith estimate, in New York state, all borrowers pay a mortgage tax

the loan amount and that is mortgage tax the borrower has to pay and it's also a fee that's

I mean, if you're a New York mortgage lender, you know that in New York state, the borrower

has to pay mortgage tax and that it's part of that 0% policy.

They forgot to include the information that the borrower would have to pay this mortgage

there about the borrower having to pay this mortgage tax and so because of that, the lender

would have had to pay the mortgage tax which is what, like 1% of the loan?

somehow I doubt that the mortgage tax would cut into the overall profit scheme very much

Wait a minute, the president of the bank probably would have or the mortgage company, he probably

level people in the mortgage company that you can find, or the bank if it's a bank.

mortgage, and then he'll also get a loan for the refinance?

I forget the acronyms, but my question is, if someone were to do a forensic mortgage audit

and come back with a very strong set of facts that indict the mortgage companies and the lenders for the fraud,

If we were to stop making mortgage payments, which admittedly invites foreclosure proceedings,

To the mortgage company or whatnot.

no longer making mortgage payment because every month it goes by,

Oh, yeah. What's up is the question about Randy about mortgages. And I would suggest that people

It will show that your mortgage has already been paid. So you do your abstractive title and ask

I always mortgage it. And if it's, if it, you can't get the right person there to show,

then it will show the mortgage is already been paid.

and I thought I was sending him information about a mortgage fraud that I think has been going on for at least a year and a half.

My father has been getting strung along by some mortgages, and I told him that they were just stringing them along.

comes around I have terrific information about the mortgages and I know this is the traffic

show tonight so we'll say the mortgage, your signature, is securitization and I can prove

that and everyone needs to look, the listeners and the payers, you got mortgage problems

My husband wasn't on a note and they took a mortgage out with a forged private attorney

and the mortgage and we told her about it and the property was using this forged private

attorney, transferred during a mortgage to somebody else.

For the appeals court to hold my husband liable for a mortgage, you know, which was a fraud.

Who was on the mortgage, was on the house with his brother?

They transferred it over to his father, going a pending mortgage.

There was another mortgage on the house.

Okay, so was there a mortgage involved somehow?

Yes, there was a mortgage.

Did the bank commit some kind of fraud with the mortgage?

They went and told, apparently they weren't paying this mortgage that they took out for

night and he's the mortgage foreclosure expert, okay?

Can he now go on the title to property, due on a mortgage?

Somebody was in...they didn't pay their mortgage.

and then I realized that I need to send some QWR letters to my mortgage company,

Question is, I just now got a letter from an attorney for the mortgage company

The only thing I really can't do a lot with is mortgages.

That's Randy's area of expertise, so if you have a mortgage question, please save that for Thursday or Friday.

For someone who is up to date on the mortgage, what would be your recommendation to actually see the note?

And my parents had the reverse mortgage on their home, and they both passed away last year.

This is a reverse mortgage.

No, my parents took out a reverse mortgage.

A reverse mortgage should be paying down the mortgage.

Generally, the lender pays money back to the person who holds the reverse mortgage.

So if it's a reverse mortgage, the whole point of that is, is so that you don't have to pay in,

Yeah. My question was, reverse mortgages, are the – do I have to pay close attention to the charges just like you would on a normal loan?

Let's see if we can't get him interested in your mortgage more.

Two questions in regards to mortgages, and I guess enjoy listening to your guys' show,

But anyways, looking through my mortgage documents, we did a refi here on April of 2008,

And then he attempts to convince you to accept a higher priced mortgage

It was a first and second mortgage, and I know you beat on the drum of looking at your HUD.

Hey, I called about my mortgage.

Randy, I have a mortgage on a house in St. Louis County that I bought in 95.

And in 03, I refinanced with a local family-owned mortgage company,

And they immediately sold the mortgage to Countrywide.

I didn't realize I was buying a less-than-the-prime mortgage when I bought it,

I didn't have one the first time, but it was a low-doc, stated income mortgage

Yeah, and it is a Merz mortgage.

and you can put in the electronic mortgage number,

So if you are up to date on your mortgage,

They maintained that these mortgage companies were going into business creating predatory loans and then selling the security instrument and going out of business, leaving the borrower with no remedy.

Therefore, in the matter of a residential mortgage based on a consumer transaction, any purchaser of the security instrument is subject to any claim the borrower would have against the lender.

They asked me to produce documentation for the mortgage that stood under my

I ended up taking out a mortgage because my older brother was a contractor and

In the process of doing that we took out a mortgage but during the process of

When I finally did get the documents together, the mortgage documents together,

So if you all have mortgage questions, we may not be able to help you.

This is a mortgage case.

They've assigned the mortgage post.

Yeah, and plus there is an assignment of mortgage done post litigation.

In another case, which is a mortgage case, I had a loan modification company.

An initial appraisal said the house was going to be worth at least $105,000, and my mortgage

And when I learned about all this mortgage fraud business, I decided to take a stand

and I made my last mortgage payment in August.

I got a letter dated November the 8th saying that the Government National Mortgage Association

They included a copy of the original note showing that the mortgage company has this

At the bank, I remember the aides saying that Government National Mortgage Association owns

the original mortgage company, which I did my refinance with.

Can you call back on next Thursday to talk more about mortgage issues?

Randy's mortgage fraud company, remediesinrealestate.com.

Yeah. But the mortgage that was put against the house was a forgery. So according to law,

my husband didn't have to pay a note because he didn't take it out, and the mortgage that they

defective. The mortgage is defective. You can't sue a victim, in essence, of a crime, but they did

anyway. And so, you know, this guy who's, now we found out that this guy was the mortgage broker,

and he is the person who got the mortgage for these, it was my husband's father.

He was the mortgage broker. Now, he testified he didn't know anything about this and how they did

that was her employer, and she said, I'm going to pay for the mortgage. I'm going to pay it.

Don't worry about it. He just wants you to sign for a new mortgage, a new note, a new, you know.

It'll violate them. Well, what happened was, we refused to go for a new mortgage, I mean,

a federal, you know, grant to pay the rent, and they were using that money to pay the mortgage

on the note and the mortgage. Now, we were never notified. We never had any hearings.

helping you in this particular case than I will. Mortgage is not what I do.

Demonstrators crashed a mortgage bankers' association summit in Washington Wednesday,

Mortgage lender The Pult Group was given a $917 million tax break in 2009.

Yes. I wanted to ask him, what would happen if you're not on the note and the mortgage was attained in your name through a forgery?

No, a mortgage was obtained in my husband's name.

He didn't borrow the money, but the mortgage was used, a forgery was used with his name on it, so he didn't borrow the money.

They borrowed the money, and the mortgage that was put against the property was used by a forgery with a private attorney.

No, they sued us for the mortgage, the bank, and we were held liable for it.

We were sued for the mortgage and for the note.

You were sued for the mortgage and note that you didn't sign for.

and they lied to the court stating that my husband was on the note and the mortgage.

His name is in the mortgage, not the note.

No. He forged his name on the mortgage.

The mortgage had his name forged on it.

because otherwise your mortgage would be over in a couple years.

and the mortgage is the security for that note.

You don't have to be on the note to be on the mortgage.

Well, if the mortgage is a fraud, then they had no legal action against you.

Everything you're saying is fraud, but it's not about the mortgage industry.

and they knew nothing about the mortgage industry.

Sure. Well, Randy, I spent, like you said, about 20 years in the banking and mortgage industry.

Due to the demise of the mortgage industry approximately three years ago, my career had pretty much stalled.

to take a loan of some sort, whether it's a credit card, it's a home equity line, it's a mortgage,

Now, for a mortgage application, those forms are fairly regulated at a federal level.

And whether they're making it for the bank or they're making it for a mortgage broker

So anytime you fill out a mortgage application,

and the borrower comes in and wants a mortgage, they say, great, I want my mortgage.

Now, many states have enacted a mortgage licensing policy,

so they could package them up in these mortgage-backed securities

They have a smaller mortgage that they can handle.

them for fraud on your mortgage.

The assignment of the mortgage from the original lender to the foreclosing bank was signed

caused the subprime mortgage crisis are causing food prices to rise.

complaint process just like we do in mortgage foreclosures.

Demonstrators crashed a mortgage bankers association summit in Washington Wednesday

And that is, if there is no agent for this foreign corporation that especially, say, you and I deal with, say, mortgages.

my mortgage company in order to have stopped our foreclosure that was going through and

crazy and it almost appears that during the middle of this lawsuit that the mortgage holder

Hi, I've been doing a lot of research lately for some friends on their mortgage fraud case,

The mortgage company.

I'm current on my mortgage right now,

for. If it's a John Doe, the states that they work for ABC mortgage company or bank or whatever,

A thought I had while you were talking about that. We have people paying their mortgages

judges have long been barred from lowering mortgage payments on primary residences even

banks incentives to modify mortgages. The government didn't discriminate in its $700

will ultimately get lasting mortgage modifications.

Bankruptcy judges have long been barred from lowering mortgage payments on primary residences,

that offers banks incentives to modify mortgages.

Fewer than 800,000 homeowners will ultimately get lasting mortgage modifications.

Simple question, really. It has to do with taking my mortgage companies, such as they are,

simultaneously, and then what? It depends on what the condition of your mortgage is at the present.

It's in foreclosure. It's behind on mortgage payments. Have you received a notice of acceleration?

Mortgages, I've been imploring my family to get on the website that you just mentioned

Along the lines of those things, you got traffic, you got mortgages.

With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

This is regarding property rights and rental issues, not necessarily a mortgage issue.

my name is Randall Kelton and I co-host on rule of law radio we specialize in showing people how to strike back against corrupt public officials with the mortgage crisis worsening we set our sights on finding a remedy for people who have been cheated by their lenders

if you have a mortgage or have paid yours off you have probably been cheated out of thousands but there is a remedy go to remediesinrealestate.com or call me at 512-430-4140

that's a primary problem with the mortgages

is you get the mortgage and you start paying it

Anybody out there with a mortgage who subsequently finds fraud in the mortgage

We're talking about real estate mortgages.

Yeah, but if they fall under, then anyone trying to enforce a mortgage, a

My brother, he wanted me to write him a letter to send to his mortgage person

With the mortgage crisis worsening, we set our sights on finding a remedy

If you have a mortgage or have paid yours off,

Okay, are you in a mortgage, okay, are you in foreclosure or approaching?

With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands, but there is a remedy.

Mortgage questions and things like that, I'm not going to be your guy.

mortgages, loans, debt collection, you name it. Somewhere, some attorney, some judge, or somebody

For mortgage crisis worsening, we set our sights on finding a remedy

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

mortgage crisis worsening we set our sights on finding a remedy for people who have been

cheated by their lenders if you have a mortgage or have paid yours off you have probably been

With the mortgage crisis worsening, we set our sights on finding a remedy for people

If you have a mortgage or have paid yours off, you have probably been cheated out of

With the mortgage crisis worsening,

If you have a mortgage or have paid yours off,

With the mortgage crisis worsening,

If you have a mortgage or have paid yours off,

With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands

head of Countrywide Financial, the largest originator of failed subprime mortgages that

We're talking with Jill in North Carolina about some mortgage issues.

With the mortgage crisis worsening, we set our sights on finding a remedy

If you have a mortgage or have paid yours off,

With the mortgage crisis worsening, we set our sights on finding a remedy for people

If you have a mortgage or have paid yours off, you have probably been cheated out of

With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

One other thing, I have another attorney screwing around on a mortgage case.

that the court could actually modify the terms of a mortgage if they were unconscionable,

mortgage company V. Janice Carizmara et al., and that was a 2005 case, it was unpublished

In the immigrant mortgage company case, the Carizmara, they basically said that you don't

even have to plead it, and they could modify the terms of the mortgage, and of course,

Well, these two other particular cases that I found are very interesting, and you guys are probably familiar with how people have tried to submit payments for their mortgages, but the mortgage companies have either refused to take them or refused to accept them or otherwise.

And in both cases, what had happened is the person who had taken out the mortgage had tried to pay the mortgage company, but the mortgage company didn't accept it.

And the court in both cases actually ruled that although the companies that created the mortgage didn't accept it, that was in fact a payment.

With the mortgage crisis worsening,

If you have a mortgage or have paid yours off,

He does a conference call concerning his mortgage clients on Monday nights, but at any rate,

With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands, but there is a remedy

mortgage or traffic tickets or other unrelated issues, please wait till tomorrow night to call

With the mortgage crisis worsening, we set our sights on finding a remedy for people

If you have a mortgage or have paid yours off, you have probably been cheated out of

With the mortgage crisis worsening, we set our sights on finding a remedy

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

If it involves real estate or mortgages, however, save that for Thursday or Friday when Randy's on.

and you guys have that beautiful case in Texas with the American mortgage insurance,

With the mortgage crisis worsening, we set our sights on finding a remedy for people

If you have a mortgage or have paid yours off, you have probably been cheated out of

So if you do have any mortgage questions or things of that nature,

how to strike back against corrupt public officials with the mortgage

been cheated by their lenders if you have a mortgage or have paid yours off

mortgage department of one of the largest banks in the country and my

at the mortgage crisis worsening we set our sights on finding a remedy for people who have been cheated by their lenders

if you have a mortgage or have paid yours off you have probably been cheated out of thousands

Also if you have mortgage issues, you can go to remediesinrealestate.com.

With the mortgage crisis worsening, we set our sights on finding a remedy for people

If you have a mortgage or have paid yours off, you have probably been cheated out of

with a mortgage, why don't you check this out, man.

With the mortgage crisis worsening, we set our sights on finding a remedy for people

If you have a mortgage or have paid yours off, you have probably been cheated out of

With the mortgage crisis worsening,

If you have paid your mortgage or have paid yours off,

With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands, but there is a remedy. Go to remediesinrealestate.com or call me at 512-430-4140 and find out how to use the consumer protection laws to recover what the lenders have stolen through fraud and deception.

I'm not the mortgage expert. Randy's the one that deals with this,

but just as a casual observer listening to these many months of Randy discussing these mortgage issues,

With the mortgage crisis worsening,

If you have a mortgage or have paid yours off,

With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands

With the mortgage crisis worsening, we set our sights on finding a remedy for people

If you have a mortgage or have paid yours off, you have probably been cheated out of

to strike back against corrupt public officials. With the mortgage crisis worsening, we set our

mortgage or have paid yours off, you have probably been cheated out of thousands, but there is a

With the mortgage crisis worsening,

If you have a mortgage or have paid yours off,

And Randy, fortunately, he's got a business dealing with mortgage fraud.

You did a bang-up job on that mortgage thing. I really like listening to it.

With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands, but there is a remedy.

Paid the mortgage for two, two and a half years, and then through a massive decline in my income,

to discuss tonight concerning mortgage issues.

All of these banks were using MERS, Mortgage Electronic Registration Service.

to register all sales of security instruments based on consumer residential mortgages,

They needed for you to foreclose. They needed for you to default on the mortgage so that they

could foreclose on the mortgage, because they had a pretty good bookie, HCI, Shearson, Lehman,

default on this mortgage. Well, that was a good bet, because when they created the mortgage,

Well, when he creates the promissory note, he has the borrower get mortgage insurance,

and this mortgage insurance is designed to protect him against a default. With this mortgage

insurance, if you fail to complete the contract in default, the mortgage insurance will pay him

just use as an example, 100,000 to purchase his property with. Now, he gives you the mortgage

people that have all of these mortgages, they'll be able to pay them off with a loaf of bread

because the mortgage does not increase because the value of the dollar decreases.

system with toxic mortgages and undermining public trust in the run-up to the 2008 financial

With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands, but there is a remedy.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands, but there is a remedy.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands, but there is a remedy.

over, quote, a pattern of misconduct and negligence related to residential mortgage loans and

With the mortgage crisis worsening,

If you have a mortgage or have paid yours off,

over, quote, a pattern of misconduct and negligence related to residential mortgage loans and foreclosures.

With the mortgage crisis worsening, we set our sights on finding a remedy for

If you have a mortgage or have paid yours off, you have probably been cheated

With the mortgage crisis worsening,

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

And neither does the client, or I should say the mortgageor,

because it wiped out their mortgage when we foreclosed on their tax lien.

They were required to forge 360 mortgage documents an hour.

With the mortgage crisis worsening, we set our sights on finding a remedy for people

If you have a mortgage or have paid yours off, you have probably been cheated out of

struck off that bank. It was struck off to mortgage electronic registration systems.

And then the other thing I wanted to know was, I have a real quick mortgage question

now that if there's a flaw in the mortgage document or they've done something inappropriate

Here's your problem, if you have a mortgage on a house and you want to sell that house,

Here's the real problem that you're going to have, you can't get mortgage insurance.

With the mortgage crisis worsening, we set our sights on finding a remedy for

If you have a mortgage or have paid yours off, you have probably been cheated out

With the mortgage crisis worsening, we set our sights on finding a remedy for people

If you have a mortgage or have paid yours off, you have probably been cheated out of

reach their investment limit, then they will codify all of that into a real estate mortgage

With the mortgage crisis worsening,

If you have a mortgage or have paid yours off,

With the mortgage crisis worsening,

If you have a mortgage or have paid yours off,

This is not a mortgage deal.

With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands, but there is a remedy.

With the mortgage crisis worsening,

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

Randy on the mortgage stuff and Eddie on the traffic stuff.

Ray's working over the mortgage company pretty good at this point.

With the mortgage crisis worsening, we set our sights on finding a remedy

If you have a mortgage or have paid yours off,

Yes, ma'am. I've got a rental issue, not so much a mortgage issue like anyone else,

A mortgage company, I'm sorry, a rental company took over the place,

They treat them as mortgage-backed securities.

They trade them exactly the same way as a mortgage-backed security.

If they're trading this as a mortgage-backed security,

Well, like I say, these are traded as mortgage-backed securities.

Wells Fargo was not on there, had never got an assignment to be attached to her mortgage.

With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands, but there is a remedy.

in showing people how to strike back against corrupt public officials with the mortgage crisis

if you have a mortgage or have paid yours off you have probably been cheated out of thousands

With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands, but there is a remedy.

With the mortgage crisis worsening,

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

interest on mortgages and commercial loans should be used to pay all the taxes.

except on Monday nights we can't do mortgages,

except on Monday nights we don't do mortgage stuff.

and we are not schooled in mortgage issues like he is.

With the mortgage crisis worsening, we set our sights on finding a remedy

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

That mortgage thing, the escrow that they're trying to force on me,

Ray wasn't behind on anything, and he sued the mortgage company.

And I think after you've paid 15 percent of the mortgage off,

Is this mortgage insurance or hazard insurance?

I thought maybe you were trying to do some land patents on some mortgage fraud.

With the mortgage crisis worsening, we set our sights on finding a remedy for people

If you have a mortgage or have paid yours off, you have probably been cheated out of

Is this for a mortgage?

You discharged the debt associated with the loan or mortgage on it.

Just please remember, Randy is not here, so please don't bring up any mortgage issues.

With the mortgage crisis worsening, we set our sights on finding a remedy for people

If you have a mortgage or have paid yours off, you have probably been cheated out of

The only thing is, please don't call us with a mortgage question.

With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

About the mortgage information.

Oh, the mortgage information. But yes, the insurance, was it private mortgage insurance or hazard insurance?

Oh, okay. Well, it's okay. Now, see the thing with getting mortgage insurance is now the lender wants to force place mortgage insurance?

Fannie Mae has been transferred the mortgage.

And you maintain that the mortgage is void and of no import as the holder of the mortgage received consideration.

With the mortgage crisis worsening,

If you have a mortgage or have paid yours off,

Not mortgage night.

With the mortgage crisis worsening, we set our sights on finding a remedy for people

If you have a mortgage or have paid yours off, you have probably been cheated out of

With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

to strike back against corrupt public officials with the mortgage crisis worsening we set our

sights on finding a remedy for people who have been cheated by their lenders if you have a mortgage

them not a third party debt collector but it's horse manure because the mortgage gives them no

mortgage that it was endorsed by leanin brothers they paid to the auto leanin brothers four times

only the second mortgage okay you paid the second mortgage off yes and and they sent me

that's always the wrong one because the second mortgage can't move ahead when the first one's

standing okay but i don't does that go to both mortgages or are just the second same same same

how to strike back against corrupt public officials with the mortgage crisis worsening

if you have a mortgage or have paid yours off you have probably been cheated out of

with it's just mortgage issues things of that nature not my area of expertise but if you

With the mortgage crisis worsening,

If you have a mortgage or have paid yours off,

in showing people how to strike back against corrupt public officials. With the mortgage crisis

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

based on a mortgage transaction?

With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

but we will talk about other issues, but we cannot take mortgage questions tonight because

Randy is the mortgage guy, and he's not here on Monday nights.

And they're throwing the banksters to the wolves, and we intend to be the wolves. If you have a mortgage that you secured in the last 20 years, which most of us will have one of those, then you need to look at that mortgage.

Get a forensic analysis of the mortgage. And one thing you need to look at all of the fees they charged you, most of the forensic analysis out there, don't look at the fees.

They could win the whole enchilada. So the moral of this story is if you have a mortgage, sue them.

If you have had a mortgage and have been foreclosed on, sue them. File a good suit, file a bad suit, just sue them,

With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

as if I went out and just going to go through the mortgage holder that I have now.

his federal law suit on the mortgage companies,

using this Kim and Chris's law suit on the mortgage companies.

Those people who have mortgages and are having mortgage issues,

They give the purchaser of the note, the private mortgage insurance,

We are discussing some mortgage issues tonight and then we're gonna be taking your phone calls 512-646-1984.

Okay. What they did with the derivatives is they would buy a private mortgage insurance policy for each sale they made.

They sell the note to an investor. They provide the investor with private mortgage insurance and they tell the investor,

this private mortgage insurance will pay you 85% of the principal if the client's foreclosures or defaults.

Now you collect the 85% of the mortgage from the insurance, private mortgage insurance.

And this vehicle was for the special purpose of securing promissory notes from residential mortgages.

They would file it with the eternal revenue service as real estate mortgage investment conduit,

It was a perfect match for people with a long-term payment plan, the residential mortgages,

They expected 5% that was a general foreclosure in any given group of residents or mortgages.

The slowdown caused a number of these mortgages to foreclose.

And AIG, Houston, Lehman Brothers had to start paying off on all of these mortgages, derivative mortgages,

The banks would file their mortgages with these people.

And then they sued this woman in Florida. And the problem was, if she wasn't just a woman behind on her mortgage payments, she was an attorney.

If you secured a mortgage any time in the last 20 years,

you need to look real close at your mortgage.

If you have a mortgage and you have been foreclosed on and they've taken your house,

But because they just got things out of hand, so the moral of the story is if you have a mortgage and you're all up to date,

take a good look at your mortgage, rather use us, somebody else doesn't make any difference.

help with if we can. Randy is here for the mortgage questions if you have any. Both of

mortgage issue, because it's time we started taking them to criminal task. The heat is

people how to strike back against corrupt public officials. With the mortgage crisis

lenders. If you have a mortgage or have paid yours off, you have probably been cheated out

You're talking about the holder of the mortgage, the lien document.

If someone is claiming to collect the debt based on the leak document, the mortgage or the deed of trust, and the holder of the note is not also the holder of the deed of trust, then that guy's a third-party debt collector.

Beginning of last week, I wrote my first complaint. I'm getting ready to go to court to take the reverse mortgage company on my parent's home.

What are the claims you've brought on the reverse mortgage?

On the reverse mortgage, basically what I've gone through the steps that I notified them when my parents passed away.

A year later, they did a whole new mortgage for a reverse.

I go down to the clerk and I say, I want to see a filing on a reverse mortgage issue.

ruleoflawradio, and we were talking about false fees. If you have a mortgage,

Now they start coming after you. Anybody out there who has a mortgage, you might

want to get some mortgage out and look at it.

and since we paid the penalty with it your mortgage didn't get paid you get a

your mortgage after you signed the note get over it

the subject but in any case if you have a mortgage

and then take your mortgage and do an amortization run it through an

when you entered into a mortgage and signed a promise to pay, you had one primary purpose.

public officials with the mortgage crisis worsening we set our sights on finding a remedy

for people who have been cheated by their lenders if you have a mortgage or have paid yours

test here's the we they're not there the same thing on the mortgage issue you have these

to a trial well well wait wait wait you sign the mortgage yes but then mr. attorney where

With the mortgage crisis worsening, we set our sights on finding a remedy for people

If you have a mortgage or have paid yours off, you have probably been cheated out of

Who purchased their mortgage back securities on the secondary real estate market

Now it's going to be very difficult for them to come back and foreclose on a mortgage they've already been paid for

Anyone who tries to do a mortgage now is looking at an incredibly steep uphill climb

So if you've got a mortgage that you wrote in the last 15 to 20 years

With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

And when he sells the note, he will take your private mortgage insurance that you had to pay for, and he will give that to the purchaser of the note.

But he won't transfer the title document, the lien document, mortgage or deed of trust, whatever they call it in a particular state.

And in order to give you standing to enforce the promise to pay, you also received a document creating the lien against the property, deed of trust and mortgage.

And then go on the derivatives market and purchase an unregulated private mortgage insurance policy against the property.

Then sell that note to a second investor and provide that second investor with private mortgage insurance to assure the investor that if the note defaults, it'll pay you up to 85% of the principal.

AIG, Shershan Lehman, Lehman Brothers, wound up having to pay off these private mortgage insurance policies they sold them on the derivatives market.

So, if you have a mortgage and you're having trouble paying or you're behind on the payments,

Right now, if you have a mortgage issue, I don't have it on Remedy's site yet,

My name is Randall Kelton and I co-host on Rule of Law Radio. We specialize in showing people how to strike back against corrupt public officials. With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands, but there is a remedy. Go to remediesinrealestate.com or call me at 512-430-4140 and find out how to use the consumer protection laws to recover what the lenders have stolen through fraud and deception.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands, but there is a remedy for people who have been cheated out of thousands.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands, but there is a remedy for people who have been cheated out of thousands, but there is a remedy for people who have been cheated out of thousands.

Hi, Eddie, uh, and, and Randy and company. Um, well, I'm, I'm in litigation with a mortgage,

trustees deed, this Bank of America was the original mortgagee, they were the current

mortgagee and mortgagee servicer, so they were the everything on the loan. They sold

on Thursday because Eddie and I don't do mortgage stuff.

the mortgage crisis worsening.

If you have a mortgage or have paid yours off you have probably been cheated out of

mortgage crisis worsening, we set our sights on finding a remedy for people who have been

cheated by their lenders. If you have a mortgage or have paid yours off, you have probably been

he's a very calm and intelligent man and he's the one who's going to speak to you about a mortgage

she said that you said go ahead and file a lawsuit before the mortgage company does for

and sell it to an investor and give the investor the private mortgage insurance that you put filled

and there's a lot is coming down on these guys. So as far as the mortgage issue

Yes, I did. As a matter of fact, some common mortgages,

had reinstated his note mortgage and then tender payment

that came into play in immigrant mortgage company v. Janus Karzmara.

And believe it or not, I think considering what I've seen out here in Connecticut, this sort of abuse is only second to the mortgage fraud.

With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

Yeah, we've got a lot of things going on with the mortgages and debt collection and

to go after them, even if you can pay your mortgage to get it reduced.

With the mortgage crisis worsening,

If you have a mortgage or have paid yours off,

A coalition of 50 state attorneys general are currently negotiating settlements with five of the biggest U.S. banks over the bank's fraudulent mortgage practices.

With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands, but there is a remedy.

I got that. So I do want to ask you on tape recordings. I tape everything that comes across my lines in business now because you can't call the electric company, the mortgage company, the bottle factory or anyone anymore without being a you either allow us to tape your court or no deal.

One thing about mortgages, I mean, when the State Attorney General of Texas asked for a moratorium, it was big time news on the standard television news at night with regards to the mortgages.

With the mortgage crisis worsening, we set our sights on finding a remedy for

If you have a mortgage or have paid yours off, you have probably been cheated out of

So, last time I talked, we were having an issue with mortgage.

people how to strike back against corrupt public officials. With the mortgage crisis

their lenders. If you have a mortgage or have paid yours off, you have probably been cheated

With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

But absolutely, they can, you know, when a bank, if you sue the bank and stop paying the bank on a mortgage,

The mortgages, there's a website you can have this on your link that I filled out today.

If you have other questions about traffic or mortgages or due process or federal issues

If you have questions about mortgages or due process or traffic tickets, please hold the

public officials. With the mortgage crisis worsening, we set our sights on finding a

remedy for people who have been cheated by their lenders. If you have a mortgage or have

people how to strike back against corrupt public officials. With the mortgage crisis

their lenders. If you have a mortgage or have paid yours off, you have probably been cheated

foreclosed on and the mortgage company, there was some circumstance. The mortgage company was about

there are going to be lots of those. And he looked for the mortgage company and they were out of

and I discovered that it's Ulster Bank, New York. And they keep telling me that my mortgage is part

mortgage with. It's Ulster Associates or Ulster Associates. It's a corporate entity that Ulster

Well, what they did is they came back to me and said, we'll give you another mortgage and you

could start paying your mortgage again, but you need to sign a 30-year mortgage at this outrageous

rate. And I was in the middle of a 30-year mortgage. I had already refinanced in 96. In 96,

they basically stuffed. I had paid every mortgage payment on time. I got divorced in 96 for my

mortgage. It has to be an arm mortgage. And they basically stuffed that down my throat. So I was

12 years into a 30-year mortgage. Okay. Okay. Wait, we're going to run out of time. Okay.

Arm mortgage is always creditory. Okay. Sue them. Okay. What should we sue them for?

Okay, no, I just want to clarify. The lien document is the deed of trust or the mortgage.

With the mortgage crisis worsening, we set our sights on finding a remedy for people

If you have a mortgage or have paid yours off, you have probably been cheated out of

how to strike back against corrupt public officials. With the mortgage crisis worsening,

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

happened to AIG a few years ago for paying bad mortgages. I mean, this stuff don't happen. It's

insurance claims against all the bad mortgages that they insured. The banks wanted their money.

With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.

If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.

Please give us a call if you got a question or an issue, remember this is traffic night, I do not deal with mortgages, land patents or things of that nature per se, so please save those questions for Thursday or Friday.

that purchased mortgage-backed securities underwritten by Goldman.

Buyers of mortgage-backed securities made money from these investments

and fell behind on their mortgages, investors lost billions.

If you entered into a mortgage agreement after the year 2000,

If you entered into a mortgage agreement after the year 2000, you were subjected to the largest

way, so whatever issue you've got, we'll deal with, Randy is here so we can even do mortgage

If you entered into a mortgage agreement after the year 2000,

or by a prior lender involving an acquisition of a property and a loan or mortgage by a subsequent lender,

Well, I've also, this month, they increased the mortgage a hundred bucks, to my surprise.

Do you have a variable rate mortgage, an arm, or do you have a fixed rate?

Do you have an adjustable rate mortgage, or do you have a fixed rate mortgage?

They just put it on the mortgage as far as I can see.

You guys got any wins lately with the mortgage stuff?

The lien document, the mortgage does not give them a claim against the borrower.

So, they can say, we've got this mortgage document, well, okay, you got a photocopy

If you entered into a mortgage agreement after the year 2000, you were subjected to the largest fraud ever perpetrated on the American public.

If you entered into a mortgage agreement after the year 2000, you were subjected to the largest

except for the mortgage issues, because like I say, Randy is not here tonight.

Visit us at capitalcornandbullion.com or call 512-646-640. If you entered into a mortgage

If you entered into a mortgage agreement after the year 2000, you were subjected to the largest

with the nation's five largest mortgage firms.

into mortgage improprieties, subpoenaing documents from the nation's largest financial institutions

in response to the subprime mortgage crisis tarp has been marked by poor oversight and

if you entered into a mortgage agreement after the year 2000 you were subjected to the largest

If they are foreclosing on a mortgage as an agent for the holder of the note

so you have a second mortgage on a property and the person holding the primary lead foreclosures

If you entered into a mortgage agreement after the year 2000, you were subjected to the largest fraud ever perpetrated on the American public.

It is a real estate mortgage investment conduit.

then they filed that pool with the IRS as a real estate mortgage investment conduit.

And if you're paying off a mortgage, you don't want to wait 30 years to find out that they've sold your note 10 times

Okay, what is the condition of your mortgage right now?

If you entered into a mortgage agreement after the year 2000, you were subjected to the largest

America now. I'm Ron Paul and I approve this message. If you entered into a mortgage agreement

so if you have mortgage questions, you feel free to call in about that, too.

Financial giant Bank of America, struggling with souring mortgage losses, is reportedly

or call 512-646-644-0. If you entered into a mortgage agreement after

Financial giant Bank of America struggling with souring mortgage losses is reportedly planning to cut roughly 40,000 positions.

If you entered into a mortgage agreement after the year 2000, you were subjected to the largest fraud ever perpetrated on the American public.

If you entered into a mortgage agreement after the year 2000, you were subjected to the largest fraud ever perpetrated on the American public.

Ron Paul and I approve this message if you entered into a mortgage agreement

or call 512-646-6400. If you entered into a mortgage agreement after

Meeting House Democrats have accused the Obama administration of ignoring the mortgage crisis,

Lawmakers said they were encouraged by Obama's mention of mortgage relief

This is a consumer mortgage.

There was a Nebraska case where some government authority was going after nears, and nears was saying that they couldn't assign mortgages and really didn't have any rights in it.

If you entered into a mortgage agreement after the year 2000, you were subjected to the largest fraud ever perpetrated on the American public.

Well, actually for like if you were up to date on your mortgage or a car note, because I believe I know a lady that has a car note that she got behind on, but I believe it was sold.

If you entered into a mortgage agreement after the year 2000,

If you entered into a mortgage agreement after the year 2000, you were subjected to the largest fraud ever perpetrated on the American public.

The US Securities and Exchange Commission may charge standard and poorest rating agency with violating federal security laws after the agency gave a triple A rating to a repackage mortgage bond in 2007.

S&P awarded triple A ratings to many mortgage-related securities that later went belly up when housing prices collapsed.

If you entered into a mortgage agreement after the year 2000, you were subjected to the largest fraud ever perpetrated on the American public.

If you entered into a mortgage agreement after the year 2000,

from people whose mortgage situation Randy was handling for them.

Folks, if Randy was assisting you with a mortgage situation, please send me an email, deborah

the mortgage situation until further notice.

of because Chris knows everything that needs to be done regarding the mortgage fraud situation

If you entered into a mortgage agreement after the year 2000, you were subjected to the largest

You know, it's just like mortgages.

I started to notice that in child support enforcement, you'll find similar tactics as used in mortgages.

But now to kind of segue over to mortgages in Missouri in Chapter 443.

And basically what that lays out is if a mortgage, at the county recorders, the mortgage company that's listed there as our mortgage holders, this is some stuff I learned from you,

the mortgage company that's listed there is not the mortgage company we're paying now, okay?

The release of deed usually comes when the mortgage has been satisfied with good funds.

You can go in, you can request the mortgage company that's on your record, in the records at the courts down there.

And I'm going, I'm clouding our mortgage and I'm all over it.

Basically giving you the right to request from the mortgage holder of record that they either submit to you a deed of relief because the mortgage has been satisfied or record a valid assignment.

Well, you owe some money. You owe this mortgage over here. What mortgage? I don't know anything about mortgage.

You see, when you entered into the agreement, you only had one purpose when you entered into the mortgage.

Immediately after you entered into the mortgage, the other side transferred ownership of the title, of the note, but did not give you proper notice.

When you entered into a contract, a mortgage contract, your purpose was to achieve quiet title once you paid the note off.

Now, you have reason to believe they've done that because the people claiming to have standing to collect the mortgage are not the people you entered into a contract with.

However, because someone who is collecting a debt for the true footy holder of the note in a mortgage transaction is not considered subject to a Fair Debt Collections Practices Act.

This loan, when Taylor Bennett, we went through the mortgage broker, they immediately signed it over to Taylor Bennett Whitaker who funded the loan in the first place.

Well, what he did is folks come to him to save their mortgages and he felt and he did

get into title on these different mortgages that he is now trying to defend.

given them mortgage, they say that they've mailed that back.

incomplete yet they met up to the dollar value of the monthly mortgage.

give the bank's incentive to provide loan modifications for people in mortgage issues.

That's when I sent the regular payment of my monthly mortgages, I did not.

And I wanted to point out a couple of Missouri revised statutes that have to do with mortgages,

of trusts, and mortgage brokers here in Missouri.

Federal prosecutors Tuesday sued Allied home mortgage capital.

The country's largest privately held mortgage broker and two top executives accusing them of running a massive fraud scheme

Despite years of warnings, the federal government had not until this week prevented the company from issuing new mortgages.

question for us tonight so I was the I have a mortgage and I this mortgage was

from another bank saying hey we have your mortgage now and we you're going to pay

the owner of the mortgage so first I sent I tried to call them on the on the

especially if you're not behind on your mortgage this is a great time to go

entered into the mortgage agreement did you enter into the agreement to the

the debt then they are in a mortgage in a matter of a consumer mortgage they're

So the question I have with all of this mortgage stuff is,

If you entered into a mortgage agreement after the year 2000,

chattel mortgage, trust receipt or reservation of title, or C, a child support lien under Chapter 157 Family Code.

If you entered into a mortgage agreement after the year 2000

Thanks. Thanks for all your help and uh, randy. I'm I'm uh, I'm also, you know, taking up my mortgage company

I'm good, I got a mortgage issue, is it okay if I use bank names or do I have to keep the

refied it, he got arrested for mortgage fraud and spent some time in jail but they since

idea what you're talking about, see I don't have a mortgage on my house, I own it outright.

If you entered into a mortgage agreement after the year 2000, you were subjected to the largest

I don't have a mortgage.

They have their way around the fact that I don't owe a mortgage on this house to anybody.

This is a mortgage apparently that they claim I owe them.

seen with the mortgage scenario, they're essentially just allowing banks to, well, why?

What's been happening is you probably notice that people that haven't been paying their mortgage

them not pay their mortgage is because if they foreclose, they actually have to take the loss

them mortgages because that's what they are. Not only a lot of the assets questionable, but

Let's say you have a mortgage on a house of $100,000.

promoted people to stop paying their mortgage, keep the money they had.

Now, we're still bottoming out, but the construction industry has already crashed and burned and everybody who was mortgaged up to their eyeballs,

Everything stopped and the mortgage industry is collapsing all around us. In Las Vegas, they expect 75% foreclosure.

And this is what we talk to people about who have mortgage issues.

And, Doug, if you're going to mortgage yourself to the Hilt, absolutely do so. Take all of that money and put it in something hard.

Okay, hang on just a second. Before you get into that, I don't deal with the mortgage stuff at all. That is not my forte.

We're going to be discussing some mortgage issues.

does and it has to do with mortgage fraud.

mortgage fraud situation that is nationwide at this point.

in a mortgage fraud scheme, she ended up pleading guilty to a notary, basically notary fraud

from the courts is they will say that the promissory note follows the mortgage, mortgage or deed of

especially in the matter of a foreclosure. The attorney has a bank or a mortgage company

Somebody who throws around less money, but they're stuck with what they got. So this is a very good time to take some action if you intend to do something about your mortgage.

Almost everybody in the country is upside down on their mortgages now, unless an old guy like me has most of it paid off.

You take the money you would put into the mortgage and put it in something hard, something that will appreciate in particularly bad times.

If you have a property, have a mortgage and the dollar goes into hyperinflation, that will benefit you greatly concerning your mortgage.

Good chance you can pay off your mortgage with a loaf of bread.

All the construction companies are going out of business because during the boom, in order to compete, everybody had to mortgage themselves to the hilt.

Well, you're talking about the mortgages, so here I am again.

and they say that there's a law passed and all the mortgages are required by law, and they state some numbers and statutes that I have failed to write down,

and so that each mortgage is required to contact everyone to offer them renegotiation to keep you in your house.

but only when the people are in trouble with their mortgage.

that if the person had enough to pay the attorney, they would have had enough to pay their mortgage

And the reason I'm going here is if you have a mortgage and if you're struggling to pay the mortgage

and you entered into that mortgage agreement with the sometimes after, say, the year 2000,

And from what I understand, if you separate the mortgage or the deed from the loan papers, those two things create the mortgage.

That if they're not together, you have what's called a bifurcated mortgage and the note is a nullity, according to the court case.

The holder of the lien, the deed of trust or the mortgage, has a claim against the property.

And she is also referring, I believe, to Carpenter v. Longan. In Carpenter v. Longan, it states clearly that the note and the mortgage are inseparable.

An assignment, the former as an essential, the latter as an incident. An assignment of the note carries the mortgage with it as where an assignment of the latter alone is annulity. Here's why.

PNC Bank National did a very, very nice thing for me. They sent me a 1099A. This means that they wrote off on their capital gains tax, a mortgage contract that was never enforceable, never insurable, never transferable.

The warranty deed, like a mortgage or a deed of trust, is not ownership.

And Randy, I've looked at some of your sites, especially the one with the mortgage stuff, where you go through, there's a huge, I mean, a ridiculous amount of information people got to put in.

of a mortgage that it gives you this little booklet, and it tells you the codes and such

If you have a mortgage issue.

Or especially if you've had a bad experience with a mortgage.

And we had someone go to court recently and he was concerned about the judge asking him about the mortgage.

And we coached him that if he goes into this hearing and the judge asks him, well, didn't you get a mortgage on your house?

I don't know anything about a mortgage on my house.

Well, aren't you, didn't you pay money on a mortgage? I don't know anything about a mortgage on my house.

Now you may be thinking, well, I wrote a mortgage with Wells Fargo.

And if you wrote a mortgage through Wells Fargo in the last 15 years,

you have this mortgage, you have to pay the X amount of money, or I'm going to foreclose on your property.

In other words, it's like you buying a home and then you find out later that the mortgage company, you know...

Julius, what is the last on your mortgage issue?

Okay. The mortgage issue that I have now is I'm going to need an investigator to find out the trail of the assignments.

So what happened originally, this mortgage started with, let's say, mortgage company A,

and then got somehow transferred or sold or assigned to mortgage company B.

First of all, I kind of figured with the whole mortgage situation,

remex is a real estate mortgage investment conduit which is set up for income tax purposes,

And really, with these mortgages, I mean, I figured I'd take this one greatest opportunity

little mortgage that you're dealing with.

I mean, I can tell you, like, mortgages are the most fun I can have with my clothes on.

Now, I know on you all's program that both you pretty much like to stick to the traffic stuff and mortgages.

I was thinking Wells Fargo holds a lot of mortgages.

Maybe this is something that they're trying to enforce now with regards to all the mortgages that they hold.

Plus two months' mortgage for different months

It's Wells Fargo and the original group was, that I signed the note and the mortgage with

And sometimes it's hard to wrap your head around this because you know you have a mortgage

and you know you owe from this mortgage, but do you owe Wells Fargo?

Well, okay, I have a mortgage.

I don't know anything about a mortgage.

Well, there is a mortgage on it,

and she said she had a mortgage but didn't have a house. So the student loan was like a mortgage.

Wednesday to a $26 billion mortgage settlement.

Roughly one million homeowners are expected to have their mortgage debt reduced by lenders

The five mortgage services in the settlement, Bank of America, JP Morgan Chase, Wells Fargo,

traffic, mortgage issues, a variety of different issues and other categories as well for news

Jeff Thickpen, registrar of Deeds in Guilford County, North Carolina, examined 6,100 mortgage documents created between January 2008 and December 2010

All these mortgage companies are going bankrupt

Which they will then file into the IRS as a real estate mortgage investment conduit

So they'd get this money together and then they would go open a mortgage company

So the profit on the loan gets written off in the loss on the sale and then the mortgage company goes bankrupt

But bankrupt in all of these mortgage companies

Okay, in this case, this is a specific ploy on part of them to bankrupt these mortgage companies

And with that mortgage company out of business, they can't go back and fix it

And it is to the world of securities, to mortgage back securities, what Lexus Nexus is to case law.

You usually count multiple breaks in a chain. Now, why is it so important to know where your mortgage is, who's got your mortgage, and how did they get it? How they got it? Why is it important how they got it? Well, there's statute that says that you've got to keep track of this thing.

there's no way of knowing if every party lawfully took possession of these documents. Now, I'm not quite old enough to remember, but I remember hearing stories about a mortgage burning. When somebody paid off their house, they got back those physical wet ink documents.

Steve does something pretty similar to what I'm doing, he helps people with mortgage issues

One thing they were doing is filing them with MERS, Mortgage Electronic Registration Service

Oh, this is the mortgage, yeah, the mortgage, oh, to go to the court records?

That is when there is statute and when you go into the securities aspect of a mortgage in the pooling and servicing agreements

The auditors often find language that dictates that whenever this mortgage is transferred that there be made record of it in the public records

The National Association of Mortgage Underwriters

This is consequently the same entity that certifies many of the bank's mortgage underwriters and loan processors

And track and trace where this mortgage went

If you have a mortgage, even if you're up to date and you can pay the mortgage

You should look closely at the mortgage that you have

Especially if you secured that mortgage after the year 2000

I've got a court case for you, Randy, regarding particularly the mortgage things.

gig folder of research and that doesn't count my mortgage folder. You know, when I do research,

In most of the mortgage cases, the lender did not perfect the lien within whatever, I believe it's 21 days.

Examined 6100 mortgage documents created between january 2008 and december 2010 of those

And the law became very well established that the lean document, whether it's called a deed of trust or a mortgage, depending on what state you're in, they'll call it one or the other.

You take the consumer based real property mortgage and sell it to these investment companies.

We had somebody the other day talking about years ago, they used to have mortgage note-burning parties that when they would pay off their note, they'd get the note back and then go burn it and have a big party and they'd burn this note.

He's got in his mortgage foreclosure thing.

others, Fannie Mae, Freddie Mac, they all put together this company and they called it Mortgage

And they said, we can get around this reporting requirement by including Mortgage Electronic

to collect on the note is different from the entity that you entered into the mortgage

I know you've been talking about foreclosures, but what about when you refinance a mortgage?

These adjustable rate mortgages are designed essentially to squeeze as much money out of

So I would be very, very cautious about any adjustable rate mortgage.

If you can get a decent rate at a fixed rate mortgage, then essentially that's a pretty

Once you get a mortgage and extract that value out of the mortgage, then it doesn't increase

If you can get a fixed rate mortgage, you take that money out, put it in gold, silver

the street with chump change and come up with no mortgage at all.

the mortgages to a bank, you know, you know how they exchange, they keep selling them.

same way the mortgage crisis was about helping realize the dreams of middle-class homeowners.

a mortgage-backed security.

is set up their own mortgage companies. You ever notice

that mortgage companies tend to go bankrupt a lot?

During this time, when the mortgage companies

set up the mortgage company. And the

mortgage company never had any monetary backing. And every

time the mortgage company would find a lender, then the

you were getting a loan from the mortgage company when in fact you were getting a loan

immediately the mortgage company would sell

discount that the mortgage company

on all this money that the mortgage company

But it seems as though they set up these mortgage companies with the intention

care to ensure that the mortgage companies did everything correctly.

So when the mortgage company

then the mortgage company becomes the servicer.

instrument, the mortgage or deed of trust, whatever it's called in your state,

interest in the real estate mortgage

The banks got together and put together MERS, Mortgage Electronic

mortgage company on the security instrument

mortgage company no longer has any claim on the note or any authority

And what you're looking at is not negotiations of the security instrument, but you're looking at assignments of the mortgage or the deed of trust.

But in order to make this mortgage-backed security scheme work, they had to rip the two apart.

McLendon pointed out, quote, we frack all the time. What's the big deal? Rolling Stone writer Jeff Goodell noted, quote, fracking is about producing cheap energy the same way the mortgage crisis was about helping realize the dreams of middle-class homeowners.

People familiar with the investigation said the Justice Department issued civil subpoenas in January to 11 financial institutions asking for documents related to offerings of mortgage-backed securities between 2006 and 2008, including bonds backed by Fannie Mae and Freddie Mac.

Deborah and I are the only ones on the night, so don't please don't call in with any mortgage issues or anything of that nature. That is not our area of expertise.

No, I was just going to say I can help with debt collection and credit card stuff, but not mortgages.

Well, that's the same thing they do in mortgages.

Was that only with mortgages?

that backs the securities pools. Now, I think everyone knows by now about the mortgage-backed securities.

And I have read that when they securitize the mortgage that they've got to destroy the note.

All of us older people, we remember mortgage burning parties.

When someone paid off their mortgage, they'd have a big party and get all together and burn their mortgage because the bank gave it back to them.

And that particular scenario opens the door for massive fraud, and the law is very well settled, and it has been for a couple hundred years, that the lien document, the mortgage or the deed of trust, whatever it's called in Massachusetts,

it's called a mortgage, in Texas it's called the deed of trust. The mortgage or deed of trust, the lien document, follows the note, not the other way around.

I'm sorry, even if the lien document, the deed of trust or mortgage is written in his name to protect him, he can't express it because he can't be harmed.

assigned the mortgage to central mortgage.

And the assignment states that the mortgage was made by defendant

So in the state of Pennsylvania, an assignment of mortgage,

the assignment of mortgage must be recorded within 90 days,

You know, if you get a second mortgage on your property,

you have a mortgage or a deed of trust?

Mortgage.

How is the mortgage different than a deed of trust?

Is that in the mortgage?

No, well, in my mortgage it is bifurcated.

They said the mortgage was made out to MERS as a nominee,

No, as mortgage IT.

Mortgage IT was the original lender.

Does the language of the mortgage state that the lender,

the mortgage is in blank, there is no holder to make the claim.

If someone endorses the mortgage after default,

then defaults already occurred, and they purchased the mortgage

And what do you do in purchasing a mortgage that's in default?

Nobody can come and assign my mortgage.

there's nobody that can file an assignment of mortgage in my case without fraud because they do...

Mer's no longer represents mortgage IT, I can prove it.

So if somebody was to go there and say, oh, Mer's has assigned this to city mortgage this year,

And what it would do is, is if somebody came in and they wanted to find out about their mortgage,

And if 90 days later, it's not, it's the same person and there is no recording in there that they could be able to strike and void your mortgage.

Right. So if anybody tries to get an assignment and mortgage on my mortgage, what's going to be in jail?

Generally, that will be Murray's mortgage electronic registration systems, and they like to call themselves a nominee.

When I look in the court record, I find that the lender is indicated as the holder of the note that he generally has an agent, but not always. That agent most of the time will be mortgage electronic registration service, and he will have appointed a trustee.

When a state agency found that MERS is a mortgage banker subject to license and registration requirements,

make decisions on whether to extend credit, collect mortgage payments, hold escrows for taxes and insurance,

And that was taken from mortgage electronic registration systems versus Nebraska Department of Banking and Finance.

MERS argues that it does not acquire mortgage loans and only holds legal title to members' mortgages in a nominee capacity

and is contractually prohibited from exercising any right with respect to the mortgages.

Without the authorization of the members further, MERS argues that it does not own the promissory notes secured by the mortgages,

I know you said earlier that if people want to share, they can send it to ruleoflawradio.com, and I just really ask them to do that. The main, I guess the other reason that I called Randy is regarding your first guest tonight, the young lady who had incredible knowledge about mortgages.

At one point she said that it would be beneficial in a cause against a mortgage company to request a copy of the note as it is today with all the launches.

I'm not sure. She's in Pennsylvania, and they have mortgages instead of a deed of trust.

Yeah, I'm going to fight my mortgage company on this. This is a fight I'm not backing down from.

Yeah, okay. For those of you who don't know, this is Gary, and he has paid off his mortgage and they haven't returned the original security instrument.

She apparently paid off a mortgage three years ago and received a notice of foreclosure within the last 10 days.

And George is a national radio announcer. I mean, she's got a national program. She paid off this mortgage three years ago, has got the filed release of lien in county records and received a notice of foreclosure.

Yeah, it's just, so I'm not saying the fact that I paid off my mortgage and the fact that I have verified that a release of lien has been filed in county records is worthless without receipt of my original wedding signature

We're talking to Carlos in California and Carlos, we're going to go now to your mortgage.

year ago, it was splashed all over the news that WAMU never transferred any of their mortgages into

these mortgage based securities. They allocated them, which is in support of what you were talking

Well, he was talking about the credit cards or even in the case of the mortgages doing a search

But if they do that, then any mortgage that they have the power to assign, which they say all of

If they take the mortgages away from MERS because they are the mortgagee of record,

trustee can grab it. And that means they would go to my mortgage and they would have the power

to do whatever they want with it. No, they wouldn't. They wouldn't give the mortgage.

The mortgage has already been assigned to somebody else. They would get the note. That's the only

So if they get the mortgage without the note, then they wouldn't be able to do anything with it.

Right. The servicer has the mortgage, but he doesn't have the note. The investor has the note.

mortgages go, bye-bye. Yeah, well, not exactly. All the deed of trust he has is a shortcut.

that involve mortgage stuff,

Okay. I've been doing research on the mortgage documentation,

And in this case, you know, in foreclosures, the lawyers like to claim that they are not debt collectors when they're trying to collect on a mortgage.

These guys are trying to collect on the mortgage. You have a mortgage. These guys claim a direct connection to the lender who gave you the mortgage.

And they claim to be collecting on a debt for a mortgage at the property you live in.

So you tend to presume that they are collecting on the mortgage that you're aware of, the mortgage you have in your head, that you know is there.

Essentially, it's what Mike Mears does with the credit card issues, except the banks are far more reluctant to grant anyone anything concerning mortgages or just more money.

And when we get the motion to dismiss, that's when we come back with our answer and you say, well, like the one I did today, here is the deed of trust or the mortgage.

And the mortgage assigns its beneficiary mortgage electronic registration service.

And then there is an assignment wherein Mer's assigned the security instrument to city mortgage who then use this law firm to make threats against the plaintiff

private mortgage insurance policy attached to it and stick it in the pool.

Yeah, that's one of the same indices that the Skidmore's have on their mortgage.

I think I've got the answer to all four closures and mortgages.

We're going to put a mortgage straight to that, you know?

Even if you're going to buy it next week, you can't get a mortgage or a loan or something

I give the mortgage of your company or the bank a note.

That's why I'm saying when I hand them my note to the mortgage company and they hand

But if I don't know what this next part is, here's the next part, is that the mortgage

that I sign over to this mortgage company that they can have it if I fail any of our

Can nobody had a claim against it so long as you pay the mortgage?

So long as you pay the mortgage as you agreed to in the contract.

For foreclosing a mortgage.

We say that Murray's may have assigned the mortgage but it has no authority because it doesn't...

And then they went and put in a revocation of mortgage similar to what I sent you today.

They defaulted on a mortgage, Bank of America, for closure.

Benny May owns the loan and Bank of America got a sign the mortgage 10 months after they foreclosed.

They foreclosed without having the mortgage assigned to them?

Special rule that the Federal Trade Commission said that we have these mortgage companies

but what it went to was that mortgage companies were going into business creating predatory loans,

I am currently in litigation related to a mortgage.

For example, in my case, almost everything in my related to my mortgage that has been

to see which mortgage pool the loan was in. And they say that that loan does not appear in any mortgage pool anywhere.

And I can't find, I cannot find the mortgage in any of that stuff anywhere.

It was its Universal American Mortgage Company.

So if you've got any issues, questions or anything of that nature, especially mortgage

The Mondays and Thursdays, we may or may not be able to get the mortgage stuff.

Randy, I have a question for you related to the mortgage case I'm involved in.

But the number of the legislatures for a number of states passed special legislation that allowed mortgage companies to accept a confessed judgment.

And that's the way in judicial states a mortgage company forecloses these exact same procedure.

By the time we come back for the hearing on the TRO, I'm not sure I'm going to continue to enforce this. I'm not sure you can afford the mortgage payments anymore.

I knew about a group that they were discharging their property, their mortgage. Mortgage is anything, right? Mortgage is a car. It's anything that has to do with paying back.

No, no, no. This is not 1099 OID. You know what the problem is with 1099 OID? It is for real. You have to know how to do it. It is for real. I've been doing that all my life. But let's concentrate on mortgages for people who are losing their homes.

And it was regarding some of the stuff that I think it's Leslie who was a guest who's a mortgage guru.

Just to capitalize, I paid the mortgage off in December and made two written requests by regular mail for the original note,

Well, as I mentioned to you three weeks ago, a national talk show host, whose name is Joyce Riley, is being foreclosed on a mortgage that she paid off over three years ago.

So just to kind of redefine and reframe this, myself and others who have paid off our mortgages may end up, since we, since the mortgage companies are not sending back the original promissory notes, data trust.

Other people are ending up like Joyce Riley, where they paid off their mortgages. The lien's been released in county record, but the mortgage company comes back and files a suit for foreclosure.

And so I'm wondering if, I mean, you know, going after the mortgage companies,

So if anybody has a Wells Fargo bank account with the mortgage, they can be assured they are overpaying.

Well, not only that, in this particular case, they stated that there was a direct violation of the terms of their mortgage. The mortgage clearly states the way it was supposed to be taken out and applied as a direct violation.

Right. What the court has said is that the way they applied the money paid was direct violation of the contract, of the mortgage contract itself.

No, what I'm saying is any late charge, when you put in a Chapter 13 plan, anything that you owe to your mortgage holder that is behind, you know, like the, say for instance, your six months behind in your mortgage and all those late fees, they're divided by 60 months and that becomes the plan.

And they are not allowed. That's why post-petition charges are verboten. That's why they were upset about it. They're not allowed to add any post-petition charges because you're paying your mortgage every month.

And how the mortgage companies registered with MERS and they gave the loan documents to MERS and MERS scanned them in their systems and then shredded the originals.

The lender would write this note and require that the borrower purchase private mortgage insurance.

aside with it, the private mortgage insurance.

because the private mortgage insurance pay 85% of the principal.

and provide that as private mortgage insurance for the second note,

So now, if you default on the note, the private mortgage insurance will reimburse the investor the full amount of the principal,

that explains why all these mortgage companies that were supposedly doing such a big business,

Yeah, I'd rather do the books, but you wanted a little timeline on what had gone on with my mortgage.

So, in January of 1998, I bought a house, and it was funded through Pacific American Mortgage, which is a subsidiary of mortgage portfolio services in Dallas.

All right, so it was a variable rate mortgage. In fall of 03, I refinanced to get a fixed rate.

I got it refinanced through Emerald Capital Mortgage, and they later sold the note, and Chase stayed my servicer.

I refinanced with Emerald Capital Mortgage.

And if you are up to date on the mortgage, then I would suggest you look at going into the district court

Now, there's no way for them to come back, and if you're up to date on your mortgage,

mortgages and are we losing was wondering if it was me that got lost, but I think it

what I'm going to talk about though is your mortgage people had, or the gal who was talking

I am not the credit card or mortgage guru. Those are not my areas of expertise.

We had a mortgage case up here very recently.

Just to give a practical example, there was a mortgage case that I had seen recently.

So, what ended up happening is the trial judge entered a decision granting the mortgage trust motion for protective order.

So, in effect, what the judge in this particular instance did involving the mortgage is he cited that decision

The mortgage suits are written up.

If you were to start a mortgage company, it wouldn't take much and just get five of your

You could be signed and mortgages are great, like nuts.

They have to be mortgages.

And it's subsidiary mortgage electronic record registration systems incorporated at Mer's.

There's a lot of people that think that the foreclosure meal doesn't bother them because they're current on their mortgage and they shouldn't be so cocky because I got another case that's in your box.

City mortgage, the patella.

Now, these people were current on their mortgage.

And the court found that not only were they current on their mortgage, their mortgage was paid off.

So people shouldn't finish it just because they are current on their mortgage that they will not have a problem with this.

Okay, we were talking about City Mortgage v. Patello and how these people had paid every month and that the plaintiff started rejecting the payments and filed for foreclosure for her.

Right. Bank of America has been forever barred, foreclosed and prohibited from demanding, collecting or attempting to collect on a mortgage by a man called Lucido, LUCIDO in the Bank of America, V. Lucido in New York.

has certainly changed. Before the last election, we were doing this mortgage issue and we told

in this mortgage crisis. And it was. Except it was much worse than we expected. The pressure

Now in the mortgage area, the bankers went to the legislators and convinced them that

commercial real estate and selling those securities into large pools of real estate mortgage

beneficiary and the mortgagee listed in the trust and not the lender, it's still a trust,

and while the mortgagee or the nominee for the lender may act as his agent, he may not

do what the mortgagee or the lender was not authorized to do in the contract.

by mortgage electronic registration service, and you never authorized them to assign anything.

Regarding the mortgages, how they float these mortgages

and they sell the mortgages over and over and over again.

They don't sell the mortgage.

The mortgage is the claim against the property.

They transfer the mortgage from one servicer to another.

He doesn't necessarily have any ownership in the mortgage at all.

in the note, but not the mortgage or the deed of trust.

It would be a mortgage in a judicial state,

the deed of trust grants a confess judgment and a mortgage does not.

What I'm getting at is not even the mortgage.

The only thing we don't deal with right now is the mortgage stuff.

And welcome to a lesson in Pennsylvania about the mortgage issue.

It's taken a while and I think I've come to understand what the mortgage is and what the deed of trust is.

The mortgage grants the lender a claim against your property.

Because of the mortgage, you grant him a privilege in that you grant him a direct claim against the property.

That's where I was going with the mortgage and the deed of trust.

In both mortgages and deeds of trust, there is this stipulation.

You know, ours hasn't been assigned. Our mortgage is the original one. There's nothing else recorded. No assignments or anything.

Okay, you understand you have an update on mortgage issues?

And when I read the prospectus, the prospectus in this particular trust was designed to accept mortgage notes.

It wasn't a mortgage purchase.

If you are in a mortgage and upside down on your property or having trouble paying the mortgage, you might want to start looking at some opportunities because there's as much harm as there has been done.

We have a deed of trust, which in the deed of trust generally in paragraph 20, if it's a mortgage, it'll be in paragraph 16 through 19, depending on how the mortgage is written.

And he would assign the private mortgage insurance that you were required to purchase to protect the investor in case you defaulted.

and then file it with the IRS as a real estate mortgage investment conduit

And you had the mortgages, which were long-term debt, they fit together perfect.

Except for a couple of minor problems, mortgages did not fit into the security scheme.

What they did was set up mortgage companies that they intended to bankrupt.

They would send this mortgage company out to write these very profitable notes

And then the mortgage company would negotiate the note into the pool at a loss

they could write it off on the taxes as a loss to the mortgage company,

then bankrupt the mortgage company to start up another one.

Thank you to Leslie, too, because the mortgage stuff is getting to be so important.

Oh, and I have some good news about the mortgage issue.

So I'm going to go back to Leslie and I do have some news on the mortgage issue.

One of our people, one of our people we're working with was up to date on his mortgage.

And he called today. He was concerned because he tried to pay his mortgage and Bank of America wouldn't accept it.

And what will happen is they'll say, oh, well, we acquired the mortgage after we stopped filing.

the assignment of mortgage.

Now speaking of assignment of mortgage, this goes to the final issue.

The mortgage before they filed suit.

We're sued in the state of Texas and American Home Mortgage Servicing Incorporated claims

He's talking about why is the bank giving him or giving these people a 1099A in this mortgage situation?

when the mortgage, when the promissory note happened, they sold it immediately? They were paid right off the bat.

So that means they're just taking the property back because they're claiming you have not paid the mortgage or whatever.

In the first pool he assigned the private mortgage insurance, which if the note defaulted,

private mortgage insurance pay off 85% as principal.

So now the lender can go to AGI, Shish and Lehman Brothers and buy another mortgage insurance premium in a totally unregulated derivatives market.

Frankly, from Vietnam, I learned to not trust anything I hear from the government. And you're hearing a lot of song and dance and celtic down your pants about MERS, Mortgage Electronic Registration Systems,

And from our perspective, those who have mortgages and have issues with the bank, this will serve us. Whether it helps the congressmen get elected or not, I don't know, but it will help us because they open doors that can't be closed.

Now I have people that are working with us. One person hasn't paid his mortgage in two years, and a real estate agent came by and asked him if he wanted to do a short sale.

That's kind of my perspective. I think the whole thing's coming apart on them, and if you have a mortgage, take an action as quickly as you can.

So I'm going to go away from that. And I'm going to talk about what we've been doing in the mortgage area.

But in the last couple of years, this issue of the mortgage crisis has loomed as a more and more serious problem. We have a tremendous amount of people in incredible difficulty.

And if we talk about 9-11, I think that the mortgage crisis may be as bad as not worse in the overall scheme of things than 9-11.

The mortgage crisis has the potential of reducing the United States to third world nation status for the next generation.

95% of the American public are not in a mortgage crisis.

The mortgage crisis has created a situation to where most anyone who currently has a mortgage is in a position such that even if they pay off their mortgage,

He recently paid off his mortgage and then he sent a request to Wells Fargo and asked Wells Fargo to return to him his original note that he signed.

All the checks that I written, I had in my hand and for the last 200 years, if you entered into a mortgage agreement

the lender would give that note back to you and it was a common practice in the United States to have mortgage-burning parties.

toward a point is that it may well be that this mortgage issue is the most important

the mortgage issue, it appears as though those banks, Bank of America, Wells Fargo, JP Morgan

the research that I've been doing recently concerning the mortgage issue. And we just had,

and the lenders have done in the mortgage industry the last few years. He spends most of his time

We are, if we have a mortgage, you entered into a contract. If you have a mortgage and you are

you diminish the my collateral base. That's the first part of the mortgage agreement.

The second part of the mortgage agreement is that you grant the lender a claim against the

And that's what the mortgage is. It allows the lender to sue against the property itself.

on certain conditions. If you have a deed of trust, or even if you have a mortgage, if you

look at, if you open your mortgage and look at paragraph 19 or 20 or 21, it varies somewhat

state to state. Basically, a mortgage and a deed of trust are both standard documents produced by

deed of trust or the mortgage. But when you signed the deed of trust or the mortgage,

paragraph 19, 20 or 21. And depending on how the mortgage or deed of trust is put together,

refers to the deed of trust or the mortgage. This is Randy Caldera, student at Craigbrook

With that said, if you're in a mortgage situation, you still have to deal with the banks

paragraph 19, 20, 21 depending on the note or mortgage, which authorized the lender to transfer

that petition the court to rule that the deed of trust or mortgage that you signed

Okay, last night you were talking about defeating mortgages and deeds of trust by attacking it as a contract.

And you made this statement that when you get the deed of trust or the mortgage in exchange for your promissory note,

the mortgage company gives you a promissory note to sign and give to the title company to buy the property.

No, that doesn't come from the mortgage company.

They're giving you a note, but you're also giving them the mortgage.

And they've given you nothing in value like the mortgage.

And you got that money from the mortgage.

You got that money from the mortgage company.

by a warranty, a deed of trust or a mortgage.

it's secured by a mortgage.

If you're in a non-judicious state, it's secured by a mortgage and a confess judgment.

At the beginning, when you sign the mortgage because the character of the mortgage,

that the mortgage documents were going to be investment securities as bonds and certificates

was not disclosed to the plaintiff or to me or within the mortgage and note documents.

whether it's in the mortgage or not, you still were deceived.

Then on the paragraph two, because there's a breach of contract, because when the mortgage was securitized,

and because it's not described or any remedy in the mortgage itself about securitization,

written on a deed of trust, but the nature of the argument goes to the mortgage as well.

Any mortgage that includes MERS.

And I think in the mortgage, the last mortgage I looked at, it was in paragraph 19.

In this case, Temple, England mortgage held the deed of trust.

of trust not from Temple, England, but from guarantee mortgage, which claims to guarantee

mortgage formally doing business as Temple, England.

be known as guarantee mortgage, it's nothing in the record to determine that.

I don't have any assignments on my mortgage and the people that I've worked with, there

The document purported to assign the deed of trust to mortgage electronic registration

Here's the problem, guarantee mortgage, claim to assign the note to MERS, I'm sorry, claim

a mortgage, so he goes to the title company, gets a new mortgage, and the title company

sends the check to the original mortgage company, well it was $500 sure, and the title company

name and he pauses it, well buy and buy, the mortgage company decides they're not getting

So that's what the mortgage or the warranty fee does.

So you grant them in a mortgage a claim against the property, so they don't have to go in

In a non-judicial state, not only did you grant the mortgage part, you also granted a confessed

These are privileges that the mortgage company asked you for in order for them to feel comfortable

Yep, I'm ready, folks calling number is 512-646-1984, this is our Monday night show, so save mortgages

investigating mortgage fraud both in the civil and criminal element realms and

and Steve I'd like to go back to some of these mortgage issues okay they're

pretty poignant right now they're having this mortgage issue is pretty well

belief that the fraudulent nature of these these mortgage loans are really

for a long time in in toxic mortgage-backed securities so they're not

800 million mortgages in the United States if we could see half of those

banks and put a second mortgage on the darn thing my business no but my point

If what you're thinking about in terms of quiet title is getting rid of your mortgage,

And in order to protect his claim against you, he asked for the mortgage, and you're

in Illinois, it's a judicial state, so he asked for a mortgage so he would have a claim

In a judicial state, they'll ask for a mortgage, and normally they'd have to sue you and then

state where the deed of trust, you grant the mortgage, and you grant a confessed judgment.

that requires a mortgager to waive their rights and they had this language in there wanting

Larry, can you tell us what, okay, you, how far behind on your mortgage are you?

Bank of America sent me a letter and told me that government mortgage insurance on my

What's going on in mortgages is a currency exchange.

The note and the mortgage are inseparable.

An assignment of the note carries the mortgage with it.

Let me pause right there, keep in mind that in some states a mortgage and a deed of trust

are, they are a security instrument, but there are some states call it a mortgage, some call

Carpenter V. Longan was adjudicated from a mortgage state, not a deed of trust state.

So an assignment of the note carries the mortgage with it while an assignment of the latter

in due course or a real party in interest to the note or in mortgage, since they've got

seems to me like the judge was trying to say without saying that your mortgage

Okay, we're back with our radio and we're talking to Leslie in Pennsylvania about mortgage issues, something we've been talking about quite a bit lately.

We've certainly found out that that is not necessarily the case because we've had a lot of people with these forensic analysis programs and we've had, I guess this leads to a conversation we really need to have about mortgage foreclosure issue problems, scams.

We're not surprised anymore when we do this background work to find out that several banks, trustees, mortgage electronic registration systems give charitable contributions to these judges campaigns.

even have an interest in the mortgage since 2007 and they gave a specific date and they

exist. So it's been five years and that's the only mortgage I'm there. So I went after

right? You have the mortgage note on the mortgage note and it says mortgage and it says, you

have the loan on the mortgage and the mortgage and it's supposed to be securing that note,

No, I don't know if I buy that presumption. The deed of trust or the mortgage gives the

I'm very clever. I got a mortgage, a friendly mortgage for 3,000 pieces of a 3,000 American

Second mortgage.

in between the federal suit, we put a revocation of mortgage in. Did I ever send you a copy

I think you have. And how did you... What was your grounds for revocation of the mortgage?

Front. Because actually in Pennsylvania, because it is a judicial state, the mortgage is a...

that you grabbed the mortgage.

on here lately. Is MERS included in your mortgage document?

Okay. You'll have paragraph A. And the very first thing in the mortgage are the definitions.

the mortgage in Pennsylvania. And I'm leading somewhere, Leslie. Do you have the...

Yes, under paragraph C. It says, Mars is a mortgage electronic recording system, a separate

corporation. I think solely as nominee, Mars is a mortgage owner. It's a security instrument

Where does that occur on the mortgage document?

address is, Lender is the mortgagee under the security instrument. Now, let's go down

does hereby mortgage, grant and convey to Mer's solely as nominee for lender and lender's

and the note. For this purpose, borrower does hereby mortgage and grant, convey to

In entering into the mortgage, you were given consideration by the warranty deed.

You gave consideration by the promise to pay and the mortgage.

And what I started to tell you was, in that revocation of mortgage, I had an entire page on there,

diverged to MERS and how it made the mortgage fraudulent and how it affected not, you know, in general and specifically how it made the mortgage fraudulent.

And the problem they have there is the reason you got quiet title is because fraud on their part in creating the trust of the mortgage in the first place.

This argument about the footer on the mortgage, claiming that this is a standard Fannie Mae Freddie Mac document, that's not something the judge needs to understand anything about mortgages to wrap his head around.

And the gist of the decision was that on its face, the mortgage was fraudulent and void because its recording violated the clear mandate of 21-444 that all deeds and conveyances shall be recorded in the office for the recording of these where such lands are lying and being, et cetera, et cetera,

within 90 days after the execution of such deeds and conveyance, since both 444 and 621 were violated, the mortgage should have been a judge fraudulent and void.

All mortgages are to be in writing. They have all assignments are to be in writing.

We have that in Texas that you can't have a verbal mortgage agreement. That has to be in writing, but it does not have to be filed.

It says that there has to be a certificate of residence of mortgagee or assignee on the document and on the mortgage or the assignee.

The mortgagee.

The mortgage or the assignee and there's a reason for it. It says it in the statute.

The certificate to be recorded with said mortgage assignment or agreement and therefrom the said recorder shall prepare and deliver at stated intervals to the proper board of revision of taxes and other officials charged with the assessment of state tax.

The list of said mortgages, assignments, and agreements with the names and residences of said mortgagees, assignees, or persons entitled to interest with the amount and the date of said mortgages, assignments, and articles of agreement with the date of recording and the properties upon which the deaths are secured.

Okay, there's some other issues I would like to talk about concerning this mortgage situation. So we'll get back to this when we get back on the other side.

For the listeners on Wednesday night, I do a call in on mortgage issues.

MERS, if you've got a mortgage electronic registration system on your mortgage, whether you do or not, it helps to have MERS on your deed of trust or mortgage,

The one I talked about earlier about the mortgage, I actually developed this mortgage for someone in Millbury, Massachusetts.

Obama knew that when he passed this home affordable mortgage crapola. It was a prescription for fraud.

Oh, yeah. That's part of the package. It's a friendly lien and a friendly mortgage.

Yeah, because it is wrongful. I mean, if you don't own the property, if you don't own the mortgage and you don't own the note, how can you file for foreclosure?

There would be no grounds in a mortgage to claim diversity jurisdiction unless you were claiming some issue concerning the note that may have been negotiated into a

Well, I understand, but Article 4 Section 22 does say that basically their only job is to keep the private corporation from attempting to collect an unauthorized tax toll freighter mortgage.

For the small business person, there may be just enough coming through to keep the mortgage paid and keep the lease paid and keep the basics going.

you do that? How did you get a countrywide home loans document in a Temple Endlin mortgage?

imputed knowledge of all this information in the court record. So if you have a mortgage,

to be talking about mortgages tonight, but we're not going to restrict calls to mortgages.

and we lost it due to foreclosure over a very small mortgage. The end result of it is that

But it was that the mortgage was in mother's name, and when the office of the public guardian

I was moving in that direction in addressing the false fees in these mortgage issues.

money, and they saw real estate backed mortgages as long-term obligations that fit perfectly with

court records. If you have a mortgage, you might want to go look in the court records, see if you

you look at your mortgage process, and if these things have occurred, then you'll know to look

such contradicting affidavit, a purchaser or mortgagee of real property acquires the

purchaser's or mortgagee's interest in the judgment debtor, then the debtor's affidavit

does not act as a release of the judgment lien with respect to the purchaser or mortgagee.

mortgage in june of 2007 and in pennsylvania if a document is not filed within six months it can't

be filed let's say an assignment a mortgage or anything like that so because there's no assignment

a mortgage filed i said gee i better go get a quiet title so i did and the about a week or two

mortgage now we asked in the quiet title that it be against that person you know that party

the mortgage because the the party that owned the mortgage with fanny may and they're saying

again that known city is assigning this this this this mortgage and loan city hasn't owned it for

Okay, we don't have anything specific that Randy wants to go into dealing with mortgages

instrument affecting title to real property including a deed deed of trust note mortgage

of trust note mortgage and transfer or release of a lien that's all that's in this chapter

work in evaluating legal documents and from the in the mortgage area what i have come

affecting title to real property including a deed a deed of trust a note a mortgage and

taking care of well a year later I get I get a notice from the bank from the mortgage company

first placed it and I had to pay an extra $200 a month in my escrow in my monthly mortgage payments

because of their mistake well I happened to know somebody that was a mortgage broker and he got me

another mortgage and although I had to pay a $3,000 prepayment penalty I got out of that mess

And he said, well, I further explained that I got my mortgage with the mortgage company and mirrors is on my mortgage and Bank of America who is trying to foreclose is nowhere to be found in any of these registry records.

Okay, hold on. I have some questions for you. You have a mortgage?

The merge is included in the mortgage?

Mortgage partners, a mortgage company in New Hampshire.

Mortgage partners. Who is doing the foreclosure?

According to the court record, the only one who has subject matter jurisdiction to invoke the subject matter jurisdiction of this court is mortgage partners.

Mortgage partners has not attempted to invoke the subject matter jurisdiction of this court. Therefore, this court lacks subject matter jurisdiction to proceed.

I mean, there's a mortgage, and then there's a modification, but that's it.

In your mortgage, in your note, I'm sorry, in the mortgage,

If you think you can get a quiet title on the mortgage, then you want a warranty deed.

If you think you have grounds to get quiet title on the mortgage,

I suspect that your original mortgage company is no longer in business.

Then we need to attack the mortgage itself and we can do that.

mortgage partners intended to sell it to countrywide by a certain date within a few months after we closed the papers.

Look in your mortgage and see if you have the continuing paragraph 19 or 20, the authorization to sell a portion of the note of the entire note together with the security instrument.

That's the only thing in the mortgage that the only stipulation that the borrower put into the mortgage is that the note and the deed of trust not be separated.

Well, they will come back with rule 12 motion to dismiss for failure state of claim and then they will argue the mortgage.

I got a quick mortgage and mirrors question.

My question is, in February, they did an assignment of mortgage

The kicker, they put in the assignment of mortgage, February 29th.

He has mirrors in the mortgage.

What's the condition of your mortgage?

In February they did an assignment of mortgage

Yes, I've got the assignment of mortgage from...

I mean, that's in the county record, the mortgage.

You went to closing and he presented this document as a mortgage,

I'm referring to the assignment or the when I did the mortgage itself.

When you did the mortgage yourself, most likely that notary will have a record of it.

that said that the mortgages and the notes are non-negotiable.

as mortgages of records, the parties are precluded as a matter of law

and have no beneficial interests in the mortgage

This is a letter that was sent to the Supreme Court Mortgage Foreclosure Committee

that it was an Article VIII under U-Form Code that controls mortgages and not Article III at all.

and then notice the last four pages and the first 16 is the mortgage.

or in the case of property, it would be in where they put the mortgages in the property record.

If it was jewels or furs or something, if it's real estate, it's with a property record as an assignment of mortgage or as a mortgage itself.

And as I read both the mortgages and the deeds of trust, you know, all of this, all fits exactly together.

In the mortgage or deed of trust, the borrower only put in one stipulation, one limitation on the lender.

That means it has to have the notary sign it, you know, like a sign in the mortgage.

An assignment of record of a security interest in a fixture covered by a record of mortgage is effective as a financing statement filed as a fixture filing

to be made only as an assignment of the record of the mortgage in the manner provided by law.

An assignment of record of a security interest in a fixture covered by a record of a mortgage, which is effective as a financing statement filed as a fixture filing

under section nine five or two C may be made only by an assignment of record of the mortgage in the manner provided by the law of this state other than the Uniform Commercial Care.

It would kind of work out like a mortgage foreclosure, but in the state of Florida, there's a separate set of statutes for homeowners associations.

And anyone who has a mortgage has an opportunity right now.

We started doing this mortgage issue about two and a half years ago.

So now is the time to look at your mortgages and see what you can do to fix them.

What's happening in the mortgage industry

If you have a mortgage that you secured after 2000,

You are brilliant on the mortgage stuff, as is Leslie, and when you guys put your heads

together and start talking about the mortgage stuff, I have epiphanies every time, so I

So I think it's a great idea for you to have a show dedicated to the mortgage stuff with

Exactly, but they had a small mortgage placed on the house because I had to do some repairs

And if I wouldn't have had that mortgage, they would have gotten everything from my mother.

But what ended up happening was they defaulted on the mortgage for which I have one payment.

Since the county clerk shall record each deed, mortgage, or other instrument that is required or permitted by law to be recorded.

Yes, it's just very general. 192.001 is general items. The county clerk shall record each deed, mortgage, or other instruments that is required or permitted by law to be recorded.

original mortgagee and holder of the note and deed of trust.

We hear a lot of stuff on the internet and we've talked a lot here about mortgage electronic

that the lenders filed their mortgages with MERS and sent them all the documentation and

The lenders may register their mortgages with MERS, but they don't send them any paperwork.

I have a deed of trust to some mortgage company out of Wisconsin on a Texas loan

The mortgage is in there, but not any assignments.

No, it's just the assignment of mortgage.

Okay, who did they assign the mortgage to?

If Mears is named in the mortgage,

and Mears made this transfer as the agent of the original mortgagee, they can actually do that.

Do you have that sentence in your mortgage?

from the alleged mortgage servicer, in my case, did a little research on the number

you know, a lot of the lenders and mortgage servicers are kind of becoming a little bit

The first one being the way people are viewed who are trying to fight on any kind of mortgage

You're automatically seen as a deadbeat who just wants to skip out on a mortgage.

They did an assignment of mortgage.

They did an assignment of mortgage.

So, and it's a mere mortgage.

Is Mayor's listed in the mortgage?

No, in the mortgage.

In the mortgage.

Yes, it says borrowers and mortgages on the security instrument.

It has Mayor's, it's mortgage electronic registration system.

Yes, mortgage electronic registration systems as nominee for ACT lending,

In the actions we're taking, we file an FDC complaint asking him to prove that he has agency standing in capacity and he comes in and talks about a mortgage loan.

There is no mortgage loan before the court that while he was trying to collect a mortgage loan, we didn't raise an issue about a mortgage loan.

look, if you have a mortgage, then you absolutely need to go down and pull every record that has

So they file a rule 12 motion to dismiss a failed state of claim and they argue that the underlying mortgage with the presumption that they have agency standing in capacity to enforce the underlying mortgage.

There is no mortgage before this court.

They're going to claim that they're collecting on a mortgage and therefore they are not a debt collector.

And we're saying, well, perhaps you are collecting on a mortgage.

But if you can't prove that, in fact, you are collecting on a mortgage, then Bubba, you're a debt collector.

Once you prove that you're collecting on a mortgage and prove that someone collecting on a mortgage is not subject to these requirements, fine.

And we're going to come back and say, well, we ask this question because we have these issues with the document underlying documentation concerning this mortgage.

In California was frivolous because the courts have ruled that in California the statutes that require the filing of a mortgage don't apply to a deed of trust.

Now in every state where there is no deed of trust, they have what they call a mortgage and a mortgage transfers the property directly to the lender.

And at that time there were no deeds of trust, there were only mortgages.

And at the time a mortgage was a document that transferred benefits of interest of the property to the lender.

The only difference between a mortgage and a deed of trust in that regard is that the trustee holds the property, not the lender.

And actually the way that the documents are actually structured, it's really not a deed of trust but a mortgage.

But for the court to say that because you called this deed of trust instead of mortgage with confessed judgment, that the 100 year old law that applies to this exact issue no longer applies.

You can take a deed of trust or take a mortgage and call it a deed of trust and it falls outside the reporting requirements.

The Schwibner's request to change the deed of trust to a mortgage with other stuff in it or a wishy-washy document that seems to apply to documents in the real county, the county record.

The document proclaims what it proclaims and in this case, the deed of trust does exactly the same thing as a mortgage.

So it walks very much like a mortgage and it clocks very much like a mortgage.

So, but in California, it's not a mortgage.

That was what's your opinion on calling a deed of trust something other than a mortgage so that the filing of the deed of trust doesn't have to abide by the very purpose of the county registrar's office.

The court is saying that since this is a deed of trust and not a mortgage and that the law that requires a mortgage to be filed doesn't apply to the deed of trust.

Well, I'm going to bet that what the court did was simply say that the holder of the deed of trust or the assignee is not required to file a mortgage.

Alright Randy, well that was all interesting stuff as far as the mortgage note and all that from past and present goes.

We have one individual that sued, and he was up to date on his mortgage.

It was the only claim in the suit and ordered the guy to refile with stipulation concerning the mortgage.

that borrowers can actually be lent through the mortgage broker

Now, many adjustable rate mortgages

for our adjustable rate mortgages

And if you have an adjustable rate mortgage,

you need to begin investigating your mortgage.

mortgage electronic registration system,

you need to investigate your mortgage.

Well, that is your mortgage or your deed of trust.

your loan, your mortgage, deed of trust, your note,

which would be the mortgage or deed of trust

both grandparents, so that's appropriate, but she is very much involved in the mortgage

He's up to date on this mortgage, but he wants to be sure he's paying the right entity.

Okay, and Fadi has National Mortgage Investigation and came across Fadi through one of these.

at National Mortgage Investigation have uncovered and unearthed over the last year

And this part of this has to do with the mortgage crisis,

consumer mortgage backed securities?

which would be based on your mortgages and your credit cards

So the nice thing about Fannie and Freddie Mac is the fact that they use the universal documentation as we already know their promissory notes and the deed of trust and mortgage were universal for them, the uniform documentation.

Fatty, will you kind of give us an overview of what we can expect in a good effective securities analysis and how we can use that in court concerning a mortgage issue?

I have, I did so many, so many cases this week. I had that, that one fellow that he got, his mortgage was a sign under a list pendant.

So basically this is the holder of that note, right? So here's a response I've recently gotten, and it says, quote, we cannot provide you with the original mortgage note.

As it needs to be retained, since it documents your obligation to make payments on your mortgage stop in lieu of providing or allowing inspection of the original copy of the note we have enclosed,

Again, you're getting into an area dealing with mortgage and I don't know anything about

Do not bring mortgage issues in. That is not my area of expertise. I don't deal with that. Save those for Thursdays or Fridays when Randy is with us.

And like I was telling you on the phone about a week ago is this lawyer called me and immediately started harping on me about my mortgage and where the money was at.

And they argue the mortgage.

And that's exactly what we want them to do because when we come back and say there is no mortgage before this court, the only thing before this court is agency standing in capacity.

Subsequent to that, they did now this is Wells Fargo 2006 mortgage.

Well, the mortgage was late 2006.

I think he had MERS on his mortgage.

And my question is, anyone can join as it has MERS on the mortgage, but my question is, how do I incorporate that federal lawsuit against my foreclosure action that I'm fighting in Texas?

Is Ohio a, do you have a mortgage or a deed of trust?

Mortgage.

Is MERS included in the mortgage?

Did the lender sign the mortgage?

What will get you somewhere is to read that mortgage.

If MERS is included in the mortgage and MERS is named as the nominee in the beneficiary.

Now you go to the mortgage.

In the mortgage, you grant certain concessions to the lender.

that one of the records is faulty, for instance, you have a mortgage by some mortgage company,

And if you have mercy in your mortgage and the lender did not sign the mortgage, these guys have a big problem.

And I think it's the same for mortgages, where it authorizes the lender to sell a portion of the note or the entire note.

And in mortgages and deeds of trust, both there are these brackets.

You have reason to believe they have breached paragraph 20 of the Mortgager deed of trust.

I signed the note and mortgage in 2006.

If you go to the judge and ask the judge to rule that this document is fraudulent, he's going to say, you're just something that may try to get out of a mortgage and he's going to blow it off for that reason.

$80 billion a month in mortgage-backed securities.

And I was just thinking about the marriage between the Federal Reserve buying these mortgage-backed securities,

And yes, we know people are getting foreclosed on, even though they paid their mortgages off in full.

Okay, my question is, is this the same as a mortgage contract and that I should have a date of trust that I should be able to get back from the bank?

And when you're talking a 30 year mortgage,

In Covenant 15, Covenant 15 of both deeds of trust and mortgages

Now I have, if you have a mortgage,

The first privilege it grants to the lender is in the form of a mortgage.

In this respect, all mortgages will be essentially the same as the deed of trust.

And what the mortgage portion of the deed of trust does

In order to get the property as collateral, he has to have the mortgage.

There's a lot of things that's in there for, but that's what the mortgage does.

With a mortgage, he would have to go to the court and get a judgment.

Without a mortgage, he would have to sue the individual, secure a claim against the individual,

With a mortgage, he can do an in-room suit and sue against the property directly.

Even in a mortgage where they're authorized to sell under the mortgage,

And those folks who've been around a little longer than I do have probably remember mortgage parties, mortgage burning parties.

They pay off the mortgage, the mortgage would be returned to them, and then they would go burn it.

But as far as I'm concerned, Mearris is not an important part of the mortgage process other than its relationship to the deed of trust.

There may be exceptions having to do with the real estate mortgages.

Beneficial interest in a mortgage loan is the right to payment on the note.

In a mortgage, the property would be transferred to the lender.

In this case, they're taking a deed of trust and turning it back into a mortgage

Forbidden by statute, so we can't have a mortgage this year.

I recently paid off a mortgage on my home,

And in the deed of trust, this is probably the same with the states that have deeds of trust as opposed to mortgages

If this were a mortgage, the property would be transferred to the lender

It is not a deed of trust, it is a grant, it's a mortgage

So what the court, what the banks are trying to do is have a mortgage that looks like a deed of trust

The difference between a mortgage and a deed of trust

The deed of trust authorizes, I mean I'm sorry, a mortgage authorizes the lender to sue the property, do an interim against the property

In the deed of trust, you have the claim against the property, same as a mortgage

And in a mortgage that have to come to the court, sue the property and give a judgment against the property

That's the difference between a mortgage and a deed of trust

In this case, if MERS has credence, then there is no difference between a mortgage and a deed of trust other than you have a mortgage with a confessed judgment

So if it is a mortgage, then it's forbidden by Business Commerce Code

BMW, all these costs, their student loan, which is like a mortgage, they don't have time for all this stuff.

But this was for a mortgage that was back in 2006.

Okay. Well, he was just a mortgage broker, but so I just thought it was real odd.

In this particular case, we did a mortgage in April of 2006, and she notaries the quick claim deed and the deed of trust, and then we refinanced again in October, and she did the notary for that, and we never met her for any of those signatures.

We sheeded three jobs for us on two different mortgages in the same year.

I mean, this goes to simple economics. You know, it doesn't take a smart person to understand that this entire mortgage crisis was self-created

for example, was New Century, okay, who's a mortgage broker,

that were mortgage companies when they were in business

I forget what they call it, the mortgage servicer, I guess,

and so ultimately they put the mortgage broker

So in the sense of, let's just say there was A, B, and C mortgage

about mortgage-backed securities and bank finagling.

Just like when you sign a mortgage

And then he went down and purchased a private mortgage insurance.

We've tried to get the private mortgage insurance policies.

the lender, if they can't find a private mortgage insurance carrier,

this lender has these three private mortgage insurance policies against this one note.

Our company National Mortgage Investigation is dedicated to helping give the upper edge to the people.

We have all these mortgage companies from 2000 up,

or a mortgage company would go into business,

During a period where mortgage companies were writing more loans

and it was his consideration that the mortgage companies

were not actually a mortgage company.

They were mortgage companies, but weren't actually funding any loans.

and they set up the mortgage companies.

They got all this funding, they set up the mortgage companies,

the mortgage companies wrote these creditory, highly profitable notes,

based on the residence of mortgage.

that I had defaulted on the mortgage.

because the discharge on an earlier mortgage

well, it was like four other mortgages had been recorded.

Well, it was the mortgages up here,

but there was an original construction loan mortgage.

And then after that recordation, there was four other mortgages

like the first mortgage, the discharge has to be recorded

before the recording of the second mortgage.

because I guess that's what the mortgage is, right?

the note and mortgage are inseparable.

An assignment of the note carries the mortgage with it,

He's with National Mortgage Investigation.

in investigating mortgages,

in that they are what we call in the mortgage business

where a mortgage company goes into business,

but all these mortgage companies are going out of business

that the Special Purpose Vehicles are funding the mortgage companies.

The mortgage companies never had an investment in the note to start with.

They table funded the note for the mortgage company.

The mortgage company then on paper transferred the note

And then when the mortgage company had shown enough loss

from these deep discounts, the mortgage company would bankrupt

Oh yeah, two mortgages.

And we're talking about some of the more sophisticated aspects of what's going on in the mortgage industry.

of real property or an interest in real property or mortgage or deed of trust is void as to

For those who don't know, MERS is mortgage electronic registration service.

new investment model for mortgage backed securities, we have to find a way around this reporting

could take these mortgage backed securities and issue security instruments based on them,

If you've got two or three real estate mortgage investment conduits working here, if one of

We've been doing mortgage real estate the same way for the past 200, 300 years and this

a security interest or mortgage against residential real estate may not, before or at the time

I guess that means I don't get to do my three-hour presentation on the mortgage industry

And Colorado is looking like one of the most corrupt states, as far as mortgage issues

about the mortgage issue

And maybe a part of this is you're not understanding how liens work. If you purchase a house and you get a mortgage on it, the lender gives you the house.

You know, mortgage rates go up following that.

We, believe it or not, at an editorial meeting with the local paper, we got to talk for mortgage fraud for a solid 10 minutes.

Michael, how would you solve some of this mortgage fraud stuff if you were president?

But Ben Bernanke recently announced that they were going to buy $50 billion per month of mortgage-backed securities at least until 2015.

The next day they assigned the mortgage to the servicer.

Now, you wrote the mortgage, or the borrower wrote the mortgage, and the mortgage gave the lender a claim against the property.

And in writing the mortgage, you gave concessions with conditions. And if MERS was included in the mortgage, and MERS was named as beneficiary for the lender, and as nominee for the lender, you have no power to do that.

In the mortgage, when they added MERS to it, they added a concession by the lender that the lender would not be the mortgagee or the beneficiary, but MERS would be the beneficiary.

You have no power to grant that. The lender would have to do that. The only way for that to be valid was if the lender signed the mortgage and affirmed the appointment of MERS as beneficiary and the appointment of MERS as an agent for the lender.

You have no power to hire an agent for the lender. He would have to do that. Did anybody else sign the mortgage other than you or whoever created the mortgage or the borrower was?

Then the section of appointing MERS is invalid because it wasn't affirmed by the lender. For 200 years, the only concessions in a mortgage or a deed of trust were concessions by the borrower to the lender with conditions.

but then they assigned the mortgage from the original lender straight to Bank of America.

look in your deed of trust in your mortgage,

The Federal Court of Texas rules, MERS mortgage, assignment,

The Texas Rules, MERS mortgage, assignment, and valid.

We need to go back and look at that mortgage or deed of trust.

So if they say MERS can be a mortgagee, I don't care if they can be a mortgagee or not.

We filed in the court, not in the court, in the county record a revocation on mortgage.

Because it was not counter signed by the mortgagee or the mortgagee.

It's iffy as to whether you can rescind the mortgage.

the mortgage because the lender breached the covenant.

under the mortgage or deed of trust.

That's in a mortgage state.

I called to talk about that body slam that the mortgage electronic registration system got last Friday.

And she said that she wanted her...she wanted all of the recordings recorded because people can't find out who has their mortgage.

They paid off their mortgage.

Go back and read the mortgage.

Pennsylvania, a mortgage state or deed of trust state?

Yes, mortgage state, mortgage.

Read the mortgage where it includes MERS.

Did the lender sign the mortgage?

The recorded mortgage was examined and the borrowers discovered the instrument not fully executed.

the defendant failed to accept, acknowledge, or otherwise execute the mortgage indicated that the Fed defendant had accepted the document and its term.

Borrowers are incapable of nominating an agent or mortgagee such as mortgage electronic registration systems on behalf of the lender.

Borrowers have filed in the county office a recorder of deeds and revocation of mortgage, book number, page number, instrument number,

revoking their signatures on all documents associated with a forced, stated, un-executed mortgage loan contract.

Actually, if the mortgage purports to grant the legal title to MERS, the borrower can do that part.

Well, that's also in the revocation of mortgage.

And I have yet to see a single mortgage, but what they have not violated, a number of the tenants of the contract.

You're in a mortgage state, so you don't have the trustee.

Anyhow, I've been down at the Secretary of State's office digging around the last three days, and MERS and Fannie Mae, Freddie Mac, Federal National Mortgage Association,

If you come by and you foreclose on my mortgage, well, I could have somebody come by next week and foreclose on it again.

I spent a lot of time recently on the mortgage issue because that's what I'm researching at the moment.

This recession, depression, whatever, and mortgage issue that has driven it is in the process of bottoming out.

Some federal mortgage supposedly because it never happened.

pull them together in a pass-through trust, and then file that pass-through trust with the Internal Revenue Service as a real estate mortgage investment conduit.

But if you have a mortgage issue, these things are important to understand.

Yeah, my other question goes to a similar issue. The notary that notarized the alleged note and mortgage that I alleged to be signed

And when we went out, we were talking about deeds and mortgages.

Okay, when we went out, we were talking about deeds and mortgages.

Now, in a mortgage, in a mortgage state, that's exactly what happens with the mortgage.

The mortgage transfers the property to the lender, or if MERS is included in the contract, they transfer the property to MERS.

If a borrower with a data trust or mortgage in these cases, if a borrower attempts to foreclose, he will foreclose based on violations of covenants of the data trust, not the contract, not the note, but the data trust.

When they sue for foreclosure, they have to do it based on the grants made in the mortgage and the data trust.

Deed of Trust and mortgage, for the most part,

And then in generally 15 or 16, we have a mortgages,

And we're talking about the mess in the mortgage industry.

If you have a mortgage and you suspect there's problems,

that if you have a mortgage and you've secured that mortgage since 1999, you've been screwed.

And the mortgage is a mess. There's no way the lender can back it up.

Okay, I'm gonna talk about the mortgage predicament that we're in and how we have progressed and some of the tools we can use to protect ourselves with or to fight a mortgage and maybe save our property.

1995, a bunch of bankers got together in a bunch of the largest banks and put together a company called MERS, Mortgage Electronic Registration Systems,

So the banks couldn't trade mortgage-backed securities on the securities market, but clearly they were planning to do that when they put together MERS.

And it appeared as though real estate back mortgages were the perfect vehicle for those investments.

And then they would file that trust with the IRS as a real estate mortgage investment conduit.

being a mortgage company, would extend the funds to purchase the deed of trial, I mean

If you think back about all of these mortgage companies, if you look through the records

of the mortgage companies, the vast majority of them are gone and went out of business.

You have all these mortgage companies bankrupting during a period of absolute incredible growth

who has a mortgage.

And on the HUD 1 settlement statement, there is listed a payment for private mortgage insurance.

You only have to get private mortgage insurance if you don't put at least 20% down.

Anybody out there who has that in their contract, do you have the mortgage insurance policy?

mortgage insurance.

talking about the mortgage issue.

When I went out, I was talking about the lender would put the mortgage into a pool, and then

policies on these private mortgage insurance policies.

The deed of trust or the mortgage is a security instrument.

claim is, how it is a confessed lien and a confessed judgment, a mortgage and deed of

And we're talking about the mortgage issues, and when it went out, I was talking about

these-of-trust mortgage.

So in a non-judicial state, you write a mortgage, and the mortgage gives the lender a claim against

And that's what they ask for in the term of a mortgage.

See, in a mortgage state, you have to go to court and you can sue the property directly.

And mostly I'll speak to deeds of trust rather than mortgages, but I'll address those as I go along.

I'm using that because they didn't file the assignments of mortgage in the county record

MERS that it is against the law for them not to record the mortgage.

But they're talking about in applicable laws, laws that apply to a mortgage, you know,

to residential mortgage, right?

to question the assignment of mortgage.

If the assignment of mortgage was filed in the county record, absolutely you have standing

And the assignment of mortgage affected a claim against your property.

Had nothing to do with mortgages.

And I happen to know that that particular foreclosure case, the man had just gotten the assignment of mortgage

Some were mortgaged out

You did a good little seminar on us with mortgage.

You're talking about the one regarding the bank mortgages and all that.

that they're trying to prove that they, like in my case, the trustee to the mortgage servicing pool, the Remic,

that did not transfer the mortgages into the Remic properly or on time according to their own rules within their own agreement,

Okay, is Mars included in your mortgage?

Did the lender sign the mortgage?

You want me to write you a mortgage, and I write you a mortgage, and I make concessions to you in that mortgage with stipulations.

For the last 200 years, only the borrower had to sign a deed of trust or a mortgage,

because only the borrower made concessions in the deed of trust or the mortgage.

We're talking the mortgage.

Because the norm, the standard deed of trust or mortgage, they're generally a fanny.

You have a mortgage, not a trust, not a deed of trust.

No, what I'm saying is the trustee to the mortgage to the remit itself is the Bank of New York,

the trustee to the mortgage pool of mortgages.

And they did not give the mortgage that I signed into their mortgage pool on time.

In their own language on the mortgage and pooling service and agreement, they had 30 days to do so or that mortgage would be void or kicked out of the trust altogether.

So if you ask for a evidence of the verification on the mortgage, and the notary doesn't provide

It says so in I think it's 14 of the covenant 14 of most of the deeds of trust or mortgages

the privilege I granted him in the mortgage is void because he breached the covenant of the

mortgage. So he can't exercise that privilege. This will be a whole lot easier to adjudicate

and do an in rim claim against this property. This mortgage I granted him, granted him a claim

against the property so that he could sue the property directly and this mortgage by granting

liquidate the property and diminish his collateral, but he breached that. This mortgage is void.

that time, there was a new assignment of the mortgage filed at the courthouse by MERS,

just basically reassigning the mortgage to the new name of the same bank that that manages the

securitization and whether the mortgage ended up there, so whether they have standing or not.

defaulted on this mortgage, so almost for four years.

And if you can get the court to give you a ruling that the mortgage is void for any reason,

and you signed a mortgage document.

is collecting on the mortgage agreement you signed,

the mortgage being transferred with the note,

oh, the mortgage always follows the note.

but you're going to have it in your mortgage.

that was not the exact same party to whom the deed of trust or mortgage was transferred.

or the mortgage was not also transferred.

Read your mortgage carefully.

It'll be 1920 or 21, depending on FHA mortgage or deed of trust.

That will overcome them saying, well, the mortgage automatically follows the note.

See, your argument is not that they don't have authority to collect on this mortgage,

because the holder of the note is not also the holder of the mortgage.

And while the mortgage claim may follow the note, the deed of trust didn't.

I mean, the mortgage claim, the mortgage itself didn't.

Read that mortgage. There's a number of them.

Then you had to have private mortgage insurance.

Did you ever see a private mortgage insurance policy?

Covenant 10 says that they can secure private mortgage insurance,

but if they're unable to get private mortgage insurance,

they can keep collecting the payments for private mortgage insurance and insure themselves.

So if they can't produce a private mortgage insurance policy, then the presumption must be they insure it.

Now, if a private mortgage insurance company had to pay off the mortgage,

But if the mortgage company indemnified itself, it is not harmed.

So if they can't produce a private mortgage insurance policy,

then they indemnified themselves and the mortgage is paid off 85% anyway.

and he tried for four years to find a private mortgage insurance policy.

They're charging you money for private mortgage insurance,

So that's another issue to read that mortgage.

then they always charge you for private mortgage insurance.

They have mortgage insurance, but it's in the form of derivatives,

They didn't want us to track back down that deed of trust or that mortgage and read those covenants.

If MERS is included in the mortgage or the deed of trust,

MERS is not even operative because the lender didn't sign the deed of trust or the mortgage.

because the lender never granted them that authority by signing the mortgage.

But the mortgage itself is not void for that reason.

So I'm telling you, it's not only on these pro say or mortgage cases and yeah, I feel for you that you've lost your house.

notice of the mortgage and the assignment in the county records.

The mortgage does not, the assignment does through MRS.

Object to the assignment, did the bank, did the original lender sign to be the mortgage?

Did they sign, did they sign the mortgage?

he wanted a promise to pay and a mortgage, a claim against the property to guarantee payment.

And the mortgage contained concessions by the borrower with stipulations.

For 200 years, the lender did not have to sign the mortgage.

And the mortgage is marked certified true copy, but every page of it is stamped paid in full.

Good to be on the call tonight. I spoke to you about a month ago. I don't know if you remember about a case where the mortgage is due.

This was non-jury trial. You know, you waived that in your mortgage.

Okay, you have a mortgage issue.

It was just the original lender, a new century mortgage, a new century mortgage when bankrupt in 2007, therefore it's a company that doesn't exist.

Here's my thought. New Century Mortgage has a deed of trust in the county record.

And maintain that New Century Mortgage had the deed of trust and it's clouded your title, New Century Mortgage is no longer in existence and New Century Mortgage failed to assign the deed of trust to another entity.

They've given indication that they don't know who holds this mortgage.

we are in the mortgage, we want parts of this.

Then they came in with an assignment or mortgage, dated the day after the hearing from the original

So when it was reopened, the servicer files another document with an assignment or mortgage

So when they entered the case with the assignment or mortgage, it was from the original lender

And I'm including everyone that handled that, a fund and a mortgage from the person that

So when I showed her what I had, and I showed her the assignment of mortgage, and I said,

now tell me who's signed this mortgage?

My original lender was New Century Mortgage Corporation. They went bankrupt in 2007. And a couple of months ago, I went to the county reporters and checked every document that was recorded on this property.

if you have a minute. Yes. Okay, great. A friend of mine lost his house, couldn't pay his mortgage,

Now look for an assignment of substitute trustee or an assignment of the mortgage.

All of your Fannie Mae Freddie Mac documents in Covenant 20, 2021, and even a mortgage or a deed of trust all have an authorization to sell a portion of the note of the entire note.

found in every Deed of Trust in every mortgage to the serviceability covenant. And it's generally

If you have a mortgage, even if you're up to date on everything,

And he said, is this about a resident for mortgage? And I said, well, yes, it is.

And he said, well, what's the name on the mortgage? I said, what difference does it make?

Well, I need to know the name on the mortgage. No, you don't.

up to date on your mortgage and you don't want to take any action, get this evidence in your pocket.

anywhere along the line from the original man, you know, or mortgage company,

So, in other words, if they assign it to, you know, mortgage company B, let's say,

and then they assigned it over to mortgage company C,

Okay, mortgage insurance, if the lender, if the lender required mortgage insurance as a condition,

As a condition of making the loan, borrower shall pay the premiums required to maintain the mortgage insurance.

This is a long paragraph, but it goes on to say if the lender can't get mortgage insurance,

Every one of these, even if it's a mortgage has the same wording here, the note or a partial interest in the note bracket together with this security instrument close bracket.

And the question is, it doesn't say anywhere whether we got mortgage insurance or not.

How do we find out about the mortgage insurance?

It says mortgage insurances, like you said, if lender requires mortgage insurance.

Read that whole thing and then do a request to the lender for evidence of mortgage insurance.

If he doesn't give you a mortgage insurance policy, then that creates the inference that there is no policy

So that's the first place you look. You pull all those documents and then you look in your deed of trust or your mortgage.

So for the last 200 years in the mortgage industry, people would borrow money from a bank and then they'd pay the bank back.

Randy Kelton, Deb Stephen, Teddy Craig, rule of law radio, and we're talking to Mike in Tennessee about mortgages.

Now, in a mortgage state, that's exactly what happens.

Does your property have private mortgage insurance on it?

FHA loans is slightly different, but Julian's in the right around paragraph 9 or a Covenant 9 or 10 where the borrower is authorized to purchase private mortgage insurance.

But if you have private mortgage insurance on your property, you'll have a paragraph in the deed of trust that says that the borrower, if he's unable to secure private mortgage insurance, can take payments for you for what would normally be the cost of private mortgage insurance and indemnify himself.

If you have property and you have private mortgage insurance on it, if you didn't put down more than 20% as a down payment, you probably had to get private mortgage insurance.

And then if you do ask the borrower for a copy of the private mortgage insurance policy.

That's what private mortgage insurance is intended to do, especially if the lender indemnifies himself.

If you default on the mortgage, he cannot claim harm.

He's been paid by the money he's collected from all these people in private mortgage insurance.

I will try to speed this along so we don't take too long with the mortgage issue,

close at the covenants of the deed of trust or the mortgage.

It is New Mexico, a mortgage state, the deed of trust.

They're changing it to deed of trust, but at the time it was mortgage.

So this is mortgage.

Read that mortgage.

Well, then admit that back home loan servicing is not named as a party in the alleged note and alleged mortgage.

assignment of the mortgage.

This authorized them to assign the lien of any mortgage registered on the MERS system

mortgage loan registered on the MERS system that is shown to be registered to country-wide

When she did her mortgage, there was no MERS in there, and it was securitized in 2006.

Wells Fargo is the one that was the trustee, but the person that assigned the mortgage

But they didn't provide for that in the deed of trust or the mortgage.

They should have rewritten the mortgage to provide for that, but they didn't.

You know, all of these, the thing is it's nominee for, you know, mortgagee nominee for

mortgages, that they never ever file absolute rights.

the court to consider, like, are assignments of mortgage to and from MERS that are not consistent

And the suggesting answer, of course, is no, which means that nobody can assign this mortgage

Then I asked, is the assignment of mortgage from a lender assigned in 2012 valid when

And do breaks in the chain of title of a recorded mortgage and assignments void the mortgage

a mortgage cause default on part of the lender?

You live in a mortgage state, in a judicial state.

Now, that is precisely what occurs in a mortgage state, in a judicial state.

In a mortgage state, the beneficiary gets both legal and equitable.

this and argued that Meris cannot be the original mortgagee. The original mortgagee is whoever

the original mortgagee was and they're named. But if Meris claims to be the original mortgagee,

Yes, it's another problem too that nobody has really caught on to. Every single mortgage

assignment from Meris, like Meris is a nominee for original mortgagee and they are going

go get Meris as nominee mortgagee for XYZ, the original lender, right? Assigns this

mortgage to be a servicer, okay? Well, that's forgery because the original lender doesn't

mortgagee for Chase Bank, not for Wells Fargo.

Fargo doesn't own it, and Meris doesn't even know what's going on with that mortgage, that's

Okay, this particular case was a regular mortgage, it didn't have any mirth in it, and it got

And those two instruments together create a mortgage.

that entire mortgage package acts as a security for a different note,

And the security to rights to that payment stream is the actual paper mortgage

We have a note and then we have either a mortgage or a deed of trust,

We're talking about mortgages and the problems they're with.

Okay, we're talking to Johnny in Texas about the mortgage issue, and you seem quite knowledgeable

but i would call in and while we're here i wanted to talk some mortgage issues with you

the the alleged mortgage servicer who is not the original lender just some some requests

to raise the the mortgage payments and did a whole lot of other things and it just descended

uh the original lender um that's called universal american mortgage company and they are also

company who who did it and uh they they're no longer in business but i got a mortgage on it

they've basically given me you know they they assert in the mortgage audit part of it that

the property to recover your your claim I see in a mortgage state we grant a claim against

The deed of trust or mortgage always requires that a notice of acceleration if the lender

resurgent mortgage servicing

mortgage company

Okay, nice horse manure. If you didn't put down more than 20%, then you would have most likely been required to have private mortgage insurance.

Were you charged for private mortgage insurance?

Okay, did you receive a private mortgage insurance policy?

Because normally in a deed across a normal when it's in paragraph 10, that addresses private mortgage insurance.

What it says is that if the lender is unable to, if you are as the borrower unable to secure private mortgage insurance or the lender, actually the lender is authorized to purchase it.

If the lender is unable to secure private mortgage insurance, then the lender can keep the payments and indemnify himself.

If there's private mortgage insurance and it's by a third party and the third party has to pay off on the default,

First, to the mortgage insurance premium to be paid by lender to the secretary or to the monthly charge by the secretary instead of the monthly mortgage insurance premium.

Okay, look at 10. 10 is generally the one that goes to the private mortgage.

Now, in a mortgage state, that's exactly what they do.

You can go to aidocs.com and there's a mortgage analysis.

You know, years ago, you used to hear about mortgage-burning parties.

This is the one where the, their MERS signing authority mentions a different party than the one involved in the note and mortgage.

And we're gonna start with the mortgage issue.

And on the mortgage side, you know, we do research and we do this radio show and we have people calling in all the time with

And that is what is really beginning to come together when I tried to put together an analysis of mortgage analysis tool.

And this is what we're looking to do with the mortgage analysis tool.

Hey, Randy, in the past, I've heard you talk about mortgages where, you know, bankers cannot sell them and refill them.

That's electronic, the mortgages that are.

Mortgage, electronic registration systems.

You can find it if you go to aidox.com and click on mortgage analysis.

Mortgage analysis.

Yes, call David and the first thing you should do if you have a mortgage and these are things

You won't believe the trash you find in there. I look at this note, they got a note by this Kalisto mortgage.

And then MERS is included in the contract naming them as an agent for Kalisto mortgage.

No, I'm talking about somebody that hasn't made a lifelong work of making financial decisions and mortgages and all the rest of that stuff,

What that document is is a free online mortgage analysis tool.

She's, and what she decided to do was when she caught on all this MERS actions and everything that was going on with the mortgages and illegal foreclosures, et cetera, et cetera,

In 1,482 of them, we found banker fraud, or MERS, or illegal robosigners, or, you know, all the issues that come up in the issues of mortgages.

There's breakthroughs happening all over the country on the mortgage issue.

So they're reselling these mortgages over and over and over and over and over again and they're paying any filing fees.

And lo and behold, here comes up it says trustee for mortgage securitization and it looks exactly like the information

that I'm getting back on my home loan mortgage where it was securitized except now we've covered that some of these mortgage

these securitized loans, mortgage loans.

What they're saying, Randy, is those certificate holders are holders of the mortgage to your property?

Okay. Well, that would be interesting because we're talking about securitization and if they're recording the securitization certificates as holders of mortgages,

why would they not record the actual mortgage, but then they come back and record the securitization of the mortgage?

I'm bringing up a something similar, it's not exactly a questionnaire, it's a mortgage

And you know, I've been researching the mortgage issue for quite a while now.

Go down to mortgage analysis, and that will take you to the front page of my mortgage

So once you're at the mortgage analysis page, up in the right-hand, I'm sorry, top left-hand

that I have in the mortgage analysis tool.

And in here, I have a center node that says, mortgage analysis.

a folder, mortgage analysis, and under that folder I put five, six separate folders, registration,

This is mortgage.

have mortgage issues, family law, traffic, all of these other issues.

I can build subsections like this mortgage analysis in a 2D, but there's a section in

aidox.com, that's my, not even my beta site, that's my alpha site, and click on mortgage analysis,

people can make sense of. And when I was trying, the mortgage analysis is so big

build is actually a matrix. I have mortgage analysis here, but this is just one small piece of law.

Mortgage analysis has a section in here that goes to criminal. Criminal is a whole other section of

After the complaint. The mortgage was assigned to the plaintiff after the complaint.

But one of the... And I've reviewed dozens of files, of mortgage files at the recorders office

Did MERS sign the mortgage? Now, I understand. This is not a case that I'm involved in.

What if MERS is in the original mortgage, and then the original lender for causes,

original mortgage, that merely means that MERS claims to be an agent, not the holder.

mortgage company?

Okay, the reason I said, go to aidocs.com, aidocs.com, and on there you'll see a mortgage analysis

you could imagine concerning the mortgage issue. We're building a structure so that

and click on the free mortgage analysis, whether you have a mortgage issue or not that's not

He's in the middle of a quiet title, and today he went to verify that they had the original note and the original mortgage.

And what effect does that have on my mortgage and my property?

Because her name is not on the deed, her name is not on the mortgage, and what is that to her?

Wait, wait, okay, it's not on the mortgage and not on the warranty deed.

That's what Zinn did know, the mortgage or deed of trust.

So if I come to the court or if I come to the lender and say, you breach this covenant of the mortgage or the deed of trust,

Okay, and I'm building this forensic analysis page. Since this is about mortgages, and Jeff does credit cards and credit and such, I will put a link to voidjudgements and your remedies.

That will give you a course in real estate mortgage law.

Well, yes I have, but all they ever give me is the same mortgage payment or, you know, my same trustee that I have.

That's why you're getting foreclosed on in these mortgages.

Hello, Tony. How is your mortgage issue going?

but that's easy to happen, because the problem with homeowners is that they get accustomed to not paying that mortgage

and not stop paying their mortgage.

I went there, was a real estate agent, mortgage broker, so I knew what, how things worked.

he goes on to the post office, and he mails his mortgage payment off on time every month.

But they passed these to regulate a 20 to 30 year mortgage, and they gave you one, two, three years to exercise the remedies that they created.

Okay, and we will be putting together a forensic analysis of mortgages. So if you had a, I'm sorry, of loan modifications. Okay, we'll talk about it later on the other side.

that amount by 31%, which will equal their new monthly mortgage payment including tax

is, for example, what is my current mortgage payment?

If my current mortgage payment is $1,200 a month and 31% of my income has to be less

So, if a guy's mortgage payment is $1,200 a month and 31% of his gross income is greater

can I pay all my bills and pay my mortgage, but hey, I got $1,000 left over.

So what you're telling them is, well, go ahead and increase my mortgage payment using that

So the guy makes enough money, but he's still not paying his mortgage.

mortgage payment?

Is that lower than my current mortgage payment, which includes taxes and insurance?

If you can get those bases covered and you are upside down on your mortgage where you

about, especially if you have a mortgage and they're considering asking the bank for a

Because on the top line, you have the mortgage, then you have the homeowners insurance, you

that I'd like to try to get from you that you said you could go in on the key and the key stuff on your mortgage

That's about five years of research there, just on the mortgage issue.

And it'll walk you through things that you need to do if you have a mortgage issue.

So third deed of trust doesn't work from J&L Enterprises made out to me. I mean, our warranty deed is good, but deed of trust, if they don't have their mortgage or deed of trust filed in the county record,

basically the mortgage servicer will come to these law firms and be like,

Her health failing, she couldn't pay the mortgage unless she found $10,000 the bank would foreclose.

But one thing I can tell you is if they don't actually release the interest, let's just say somebody purchases the mortgage

We have, if you look in the deed of trust or mortgage right at the end, there is a covenant in there that says that once the note is paid off,

the whole purpose is not to actually modify the mortgage and keep it in your home.

And in Connecticut, I know a lot of states have passed similar laws concerning mortgage relief.

they had the person send in mortgage modification documents like 30 plus times over the course of the last two years.

because believe it or not, there are traditional defenses to a mortgage such as payment discharge and what have you.

Now, let me give you an example for the purpose of mortgages.

And believe it or not, what happens in Connecticut very often is these companies like American Home Mortgage Servicing Incorporated, AMSI for short, they will come in and they will basically, you know,

tell like the fraud, closure, milk, go ahead and file suit, but they won't actually acquire interest in the mortgage until after the suit is filed on the land records.

The third thing that will happen is let's just hypothetically say, you know, that you file an answer, okay, I am so-and-so, I admit to owning the property, I admit to having a mortgage.

A holder is like, I'll make an analogy between a mortgage note and a check.

A check is also a negotiable instrument, just like a mortgages.

If someone is a holder, then they do, in the matter of a consumer mortgage, there can be no holder in due course,

of these mortgages are created they were not only designed to fail but they were insured against that

company called American Home Mortgage Servicing Incorporated now the funny thing is AMSI for

documents the signing mortgages they will create affidavits will do all this other work related

saying that the mortgage was sold to Wells Fargo or whoever the case may be

that I've looked at because it's a mortgage state, it's a judicial state, but they can

you'll look for a deed of trust or a mortgage depending on the state you're in

appointment of deed i'm sorry deed of trust or mortgage or just an assignment of the deed of

trust mortgage sometimes it'll say both sometimes it'll say one or the other these are the primary

the one on the deed of trust or the mortgage when you signed that at closing there was

trust or mortgage must be authenticated because that document is intended to be filed with the

notary on the mortgage relief trust now that notary was sitting right across the table from you

but generally the one we can go after is not the deed of trust or mortgage

in this particular regard there are other places to go after the validity of the mortgage or deed

I'm one of those fortunate guys that have been able to pay my mortgage. However, I have

Reel. That wouldn't affect your claim against the original mortgage company Oneiota.

Wells Fargo. I don't know if they've sold the mortgage. I don't know if they've done

Yes, as far as the original lender signing the mortgage, if MERS is not included in there and MERS didn't make its way through MERS at all.

In the mortgage, in your case it's a judicial state, so it'll be a mortgage, you made concessions to the lender with conditions or stipulations.

Her health failing, she couldn't pay the mortgage unless she found $10,000 the bank would foreclose.

I'm not going to go any further on the deal of trust. I think I got to beat that one up or the mortgage.

I was speaking of a third party bringing the mortgage in, but Mer's not being involved.

Which I know is rare, but if a particular mortgage isn't in the Mer's system,

but a party, not the original lender, attempts to foreclose on a mortgage that is not signed by the original lender.

Okay, the mortgage doesn't need to be signed by the original lender because it's signed by the one who issued it.

Does it have an assignment of deed of trust? I mean, an assignment of mortgage in the record?

Mortgage, does it have a covenant, generally covenant 20, that authorizes the sale of the portion of the note or the entire note together with the security instrument?

The heading is assignment of mortgage, but that doesn't sound like an actual assignment. Right?

We've got a case where the plaintiff, a well-known mortgage company, is on their fifth amended complaint

and Assignments of Deed to Trust or Mortgage

especially if you can get it on a deed of trust or mortgage

If you're going after a deed of trust or mortgage

Hi, Randy. I was wondering where else I can find a valid or a good debt validation letter because the link is still a broken link on the mortgage site.

If you go to remediesinrealestate.com and click on free mortgage analysis, that has all of my research in it.

But for Crystal, I will have that up. What is the condition of your mortgage at the moment?

Well, I was unable to find it out. It wasn't filed. I had a Washington useful mortgage that I'm going after Chase with all of this, but I need to send in the letters.

and I'm working on getting an attorney on for tomorrow night who handles mortgage issues.

When the major banks, six major banks got together and they put together a company called MERS, Mortgage Electronics Registration Service.

They couldn't do it directly because the strategy was to take a set of real estate mortgages and combine them into an investment pool.

They put together to accumulate a large group of these notes into a pool and then filed that with the Internal Revenue Service as a real estate mortgage investment conduit.

They seemed to be a perfect match. You've got a 30-year, 25-30-year mortgage here and you have investment pools that need a place to invest for a long period so they can have a relatively stable investment and a stable income and increase the amount they have available to pay back to people when they retire.

And it took them eight years to crash the market. As soon as they got these out of the way, then they started on a binge of writing mortgages that were intended to default.

Derivatives in this case were sold as totally unregulated mortgage insurance policies.

This is exactly why the banks don't want you paying back your mortgage.

Because what they did was, or what it appears they have done, is they'd create a mortgage company, the Special Purpose Vehicle, create this mortgage company.

And the mortgage company would pretend to loan you money.

But the first part was, the Lindy Mortgage Company would write a note and take that note with all the associated paperwork,

When he wrote the note, if you didn't put down more than 20%, then they would require you to have private mortgage insurance.

Private mortgage insurance would pay back 85% of the principal if you default it.

And if they couldn't get private mortgage insurance in the contract, in the deeds of trust and the mortgages,

You have a note and in order to insure to the bank or the mortgage company that you will pay back this note,

you create a security instrument and give it to the bank, and that's called a mortgage of deed of trust.

That's what the deed of trust or mortgage calls itself.

Each security, the mortgage company, will receive from the investment pool approximately

And when the note is paid off, according to the deed of trust and mortgage, the contract

We started out by talking about mortgage companies who would go to the Federal Reserve and draw

The mortgage company didn't sell the note.

The mortgage company never owned it in the first place.

The mortgage company was merely a front that stood between the lender and the money source.

Okay, we are back. Randy Felton here with Stevens. We have a lot of radio, and we're talking about the mortgage mess, how it became a mess.

So if you have mortgage issue, that is the first place to go.

If you do have a mortgage issue, the tides are changing.

And everything I have in there is free. It says it's a free mortgage analysis. That's exactly

and we're going to go now to Tony in Illinois. Hello Tony, how is your mortgage issue going?

that the mortgage they're trying to foreclose on was Wells Fargo, that Deutsche Bank isn't Wells

Fargo, and that they didn't present anything, any connection to that mortgage with the complaint

free forensic analysis or free mortgage analysis. Click on that, and it'll bring up a map.

That map is everything you need to know about mortgages in there.

Was MERS included in the mortgage?

Horse manure on that, they breach the mortgage. That was a contractual breach. You don't have

So if anybody's got a mortgage issue, take them on.

So HSBC is filing as trustee for Sequoia Mortgage Truck, and that's who Aquinn was claiming, but then when, even when, you know, this seller, I guess you could refer to him as was, it was talking to Aquinn, they told him that they don't know who the owner is.

Good. Good. Okay. Read that mortgage document three times.

Now, they're raising my private mortgage insurance by, I don't know, $16 after paying on it for 12 years plus the original bank changed names.

Because once it reaches 85%, you don't have to have private mortgage insurance anymore.

Well, I guess because I'm buying a house from the mafia, they quit putting the principle paid on my mortgage statement about five or six years ago.

We have our homeowners take that mortgage payment and put it in the bank and hold it

making your payments, they get happy, they start making these reduced mortgage payments,

the lender who's already in trouble to take the money they would be paying their mortgage

would be really hard to show a judge how it applies to your mortgage.

whereas a person that has an FHA mortgage can also get a ham, but it's called the FHA

For example, if I come in and my mortgage payment is, let's say $1,000 a month, okay,

and I'm looking for modification, my old mortgage, my old income was $2,000 a month, but because

Well, if I take 31% of my new income, is that higher or lower than my current mortgage payment?

a hemp modification should not result in a higher mortgage payment.

the lender a year and a half before the assignment of mortgage directly from the lender to Bank

Okay, then I'm not sure in a mortgage where this is.

So if you can show that it, evidence that it was paid off, look in your mortgage.

And handwritten is the number of the loan on the note and mortgage.

before I get into the mortgage thing. Your previous caller should really check out Eddie's

included in the mortgage? No, I don't believe so. Okay. Who... Is there a transfer of the

deed of trust? I'm sorry. Is there a transfer of the mortgage?

it when the lender did the assignment of the mortgage, did the lender also assign the note,

transferred the assignment, I'm sorry, assigned the mortgage? If that's the case, then the

mortgage is void and of no force and effect, and were these issues already adjudicated?

You know, I mentioned before that I have a launch to the note that's dated the same day as the note and mortgager dated.

And I said, well, then how is it dated the same day that the note and the mortgager dated?

And then I pointed out to him that I have from the bank from Bank of America that they have a copy of the mortgage stamped, paid in full.

But there's no release of the mortgage on the record in the county and that I haven't received the original documents back.

And then it told him that there was an assignment of the mortgage dated a year and a half after the date on that launch from his company to Bank of America.

If you've had any kind of securities analysis done on your mortgage by somebody competent

mortgage or with the way they're dealing with you. That's the best time to get a private investigator

their mind wrapped around mortgage issues, securities exchange commission issues? No,

You get somebody who knows, knows their way around a mortgage, somebody knows their way

And he is coming on tonight to talk about some mortgage issues, but first Steve, would you like to comment on any of the smart meter stuff?

All right, well, Steve, why don't we transition here and change gears. You came on to Crow about recent victory of yours regarding mortgage issues.

what your position is now relative to the mortgage my position relative now to the mortgage

in mortgage backed securities. Many of these judges who have a lot of extra money have

mortgage backed securities. So they all have a reason to protect their investments in their

The secretary of state first and then the JP court. Okay. Well, in relation to a mortgage matter,

Okay, I just had someone on a few weeks ago and he was a mortgage modification specialist.

But it gives the idea of anybody's listening, you go to remediesinrealestate.com and click on free mortgage analysis.

every single party that has a MERS mortgage in Pennsylvania.

resulting failure to record mortgage assignments with the county and to pay the required fee

any person in any manner interested in a conveyance, such as a mortgage assignment, to bring

alleging violation of local statutes and MERS is not a mortgagee, and what that means is

MERS is not a mortgagee.

is not a mortgagee.

Because MERS had assigned the mortgagee, they weren't a mortgagee.

The mortgage company had sent in a motion to dismiss saying they haven't got any claim

and mortgage, and he got a call, and he said, oh, well, we got it.

He looks at the mortgage, and I didn't understand what he was trying to tell me about it.

They took his wife's name off of the mortgage, and the one that's filed in the county does

the, uh, assignments and mortgage, but we didn't do it for the mortgage yet because you just,

You know, it's on the transfers of the mortgage, on the mortgage itself, that's a felony.

On the assignment of mortgage, because it's not from the party that it's supposed to

Well, fortunately, both mortgages and deeds of trust contain a serviceability clause. That's what it's called in law, but what it essentially states is that both parties are to abide by all law, all relevant law.

The house was bought from Republic Mortgage, which was the same agent became a broker left the company was with 17 years.

Republic Mortgage, I find out later, like last month, was an origination company, a front for Countrywide, had a big credit line all from Countrywide.

Okay, we are back. This is the Rule of Law. We're taking your calls. We're talking with Mark and Nevada right now about mortgage issues.

Okay, Mark, we need to move kind of quickly. We don't have time to go through the whole story of your entire mortgage. What is your issue?

Okay, so now I just got the recording from the Clark County Recorders Office. I got the, and I printed out the whole thing. And in it, I see, well, there's two mortgages.

Okay, hold on, hold on. Two mortgages. Are they both the copies of the same? Are they deeds of trust? You are in Nevada. Is that a mortgage state or deed of trust state?

Okay, are both of the mortgages the same date?

Okay, the second mortgage won't have to be signed on every page. That won't make any difference.

You know, you'll use a mortgage company that was set up as a front.

So when the deal was made, the note actually belonged to the special purpose vehicle about the mortgage company.

But they didn't want to put that in the record because that would show that the mortgage company did not secure funds to purchase the warranty deed from its Federal Reserve account.

And in this case it was National City Mortgage who went bankrupt in 2010.

So folks out there will want to talk about DUIs, folks call back in about mortgage issues, or whatever other issues you may have.

Anyway, you asked me yesterday to get in some documents of our mortgage, I mean, the papers that I picked up from the recorder's office and I haven't gotten them in yet because I need my wife's assistance. She's a scanner.

Okay, hold on. Let me ask a couple of questions. You're in a non-judicial state where you have a deed of trust instead of a mortgage.

If you will go to remediesinrealestate.com, that's my real estate site, and right on the top menu next to the home button, you'll see free mortgage analysis.

Yeah, that one really, the second mortgage really doesn't count because they will never foreclose on the second mortgage. Even if you get the first mortgage sewn out, they won't foreclose on the second.

They'll never see them do that. Okay, first mortgage is one that counts.

Legal title. If that were a deed of trust, the trustee would have to hold legal title, not Merge. And since the document clearly intends that Merge holds legal title, that's a mortgage.

And the reason for a mortgage is so that in the interim there is no claim against the property. And in Texas, a lender is forbidden by, I think it's 2102, business and commerce code, from forcing a borrower to transfer the property to the lender.

The way of negotiable instruments or mortgages, it was converted slowly over a period of years to get it into an intangible.

and that's in a white paper that the mortgage banking industry did back in 2000.

So that mortgage, that data trust, they would be recording a subsequent lien assignment relating to that, but they failed to do that from lender A to lender D.

It's e-notes that they're doing, even though they're talking about mortgages.

We're talking about two different mortgages.

We're talking about an intangible mortgage, and we're talking about a tangible mortgage.

In 2004, the mortgage service or book entry system, trustees and stuff,

Because, you know, I mean, they're a mortgage banking law firm,

And then I jumped to the last mid paragraph to something to, your mortgage is one of the

and some of the things with the people dealing with these mortgages

and then the mortgage was on the following page

basically that's where the term, the mortgage, follows the note.

But I have a rather extensive list of things you should do for mortgage issues. And we're

in the mortgage closing documents. This is commonly referred to as a mortgage

heading or somewhere around the heading, you will find an MIN, a mortgage

Look down further and it will name MERS, mortgage electronic registration system

NIN number, that's actually a MERS identification number. Not a mortgage.

certain privileges with stipulations. First, it's a mortgage in that it grants

rem first and take the property. And in a deed of trust, that's in a mortgage

you confessed the judgment. In a mortgage state, they can sue the

and talking about if you have a mortgage issue, what you need to do first to get yourself

of the mortgage documents that you signed on the day of closing, physical possession

order those from the mortgage servicer who you're dealing with at the time.

or the analysis of a REMIC, a real estate mortgage investment conduit, one of these

the trust that your particular mortgage has been placed. Next one says interview several

in a mortgage?

Will you kind of tell us what you do with the private investigations concerning the mortgage issue and what value it is?

Well, if somebody has a mortgage issue, how would they get a hold of you to secure your services?

a mortgagee may appoint or authorize a mortgage servicer

A mortgagee or mortgage servicer may make an appointment

to be recorded for deeds, mortgages, liens,

You have a issue on bankruptcy and mortgage.

I had bankrupted my mortgage debt out in a chapter seven and I considered it an unsecured

Yeah, it was like national mortgage something rather. And I have the information at home. Unfortunately, I'm at my job.

that it's not showing who I've actually been paying my mortgage payments to.

The structure is worth that much less than the value of the land. Guess what? You can't get a mortgage on it

My mortgage

Is getting a mortgage in the pool

We know that there's 10,000 mortgages

There are to be no more than 10,000 mortgage-backed assets

Or mortgage-backed securities

But you see that your mortgage was transferred over to that pool

By deciding which one of these defaulted mortgages

The mortgage servicers have agreed

The deed of trust or the mortgage requires

I like it, that makes a lot of sense, you know, I mean if there's trust, right, which is very specifically here, right, it's Alternative Loan Trust 2006-2CB mortgage pass-through certificates, right, to the Bank of New York Mellon, right, from

Is go back to the deed of trust or mortgage

You should read the section on mortgage insurance

If you did not receive a mortgage insurance policy

Then most likely the lender didn't show that they actually secured mortgage insurance

But the claim that you can make is if they got this mortgage insurance covenant in there

That says that they can, if they can't find a mortgage insurance policy

You charged me for mortgage insurance, then you didn't go buy a mortgage insurance policy

So with that payment that you took from me for mortgage insurance, you indemnified yourself

As in mortgage backed security.

Mortgage Servicing, Incorporated, and basically, in that suit, I mean, they're the servicer

where the servicer, the law firm, and the person who supposedly is interested in the mortgage work

I've been talking about the mortgage industry for the last three or four years,

Well, at the worst, your mortgage prices were pushing 10%.

Because your mortgage will not even come close to keeping pace the interest you're paying on mortgage will even come close to keeping pace with inflation.

The litigation that I'm in right now, I suppose I have been fighting my mortgage, my lender, since 2008.

My first question to you is actually -- my main question to you is, with this mortgage that I've got and doing some research,

the individual that has signed the mortgage, okay, assigned me, okay, or assignment for the mortgage from Mears to my bank,

Mears will have an address on the deed of trust or mortgage.

I think you're a deed of trust -- no, you're a mortgage state, aren't you?

On the mortgage, there will be an address for Mears.

There are a number of things that we can do with breach of contract on the mortgage.

And for Jason and Christopher, I know you both have issues on mortgage.

who studied the mortgage issue is gonna find this very interesting. Will you tell us about

mortgage insurance that most people never get a policy on. But your regular hazard insurance,

that came along with how they were told my insurance or my mortgagee had changed from

and letters from the bank telling the insurance company how they acquired my mortgage. And

one of the ones from Indy Bank was listed as, we have bought this mortgage in a group

of mortgages. And that's how we are now the mortgagee.

So if they have private mortgage insurance and you default, while the lender gets recompense

mortgage insurance, and lost a certain amount of money. He can make a claim for that difference.

we're having to pay off on a lot of mortgages. So why shouldn't their rate, now the only

with the PMI mortgage anymore. Exactly, exactly. Okay. Chris, have we kind

question here is if in fact the bank makes an assignment on my mortgage in the recorder's

the mortgage transfers where they're kind of big on that.

to file based on a deed of trust or a mortgage document, you'd file a 51-903. If you're

And you were talking to this gentleman about his mortgage assignment was done by a company

The lawyer came in representing City National Bank or First City Mortgage or something like

I think it's First City Mortgage.

And First City Mortgage has been out of business since 2008.

that I probably needed to. The lender was the person named on the mortgage. The lender

for which the claim acted as security if he sold that note, the mortgage didn't do him

that was granted in the mortgage. Okay, does that make sense?

Mutual went to people as a lender in real estate backed mortgages. And Washington Mutual

back mortgages and converting those into securities and accumulating them together in an investment

pool called a real estate mortgage investment conduit. They would then register that with

We heard about all of this mortgage fraud being the largest policy scheme in the history

We got, boom, a republic mortgage, origination company, Countrywide, they're behind them.

Countrywide, what was the company, the mortgage company?

Origination was republic mortgage, mom and pop here in Vegas.

Okay, even if Countrywide bought republic mortgage.

A republic mortgage would have to file a, to have to transfer the deed of trust to Countrywide.

It's saying that MERS did the transfer as mortgagee.

This mom and pop mortgage company, is it still in business?

Did the lender, did this mortgage company sign the deed of trust?

This mortgage company, which is now defunct, is a lender and they're here.

Take out a second mortgage and you could be on your way.

in the first mortgage, you know, of course, this is an 80-20 countrywide mortgage that

Okay. Send that to the mortgage company. Send it to their lawyer. Send it certified. If you send anything that's not certified, they will throw it in the trash because you can't prove you send it.

You need to keep that in mind. This is a special privilege you granted them in the mortgage with very specific stipulations.

And it's generally in Covenant 20. Sometimes in a mortgage they shift around a little bit. But the Covenant that, hold on, is this an FHA loan?

Here's your standard mortgage, Fannie Mae Freddie Mac standard uniform instrument.

Does that sound like fun? Yeah, that sounds like a load of fun. And go back and look at that close. Did they require private mortgage insurance?

Did you put down more than 20%? We didn't have mortgage insurance because we owned the land we built the house on.

And you had more than 20% invested in it to start with. In that case, you don't need private mortgage insurance because if they had charged you for private mortgage insurance but didn't actually purchase my private mortgage insurance, then they indemnified themselves and they can't be harmed.

Yes, I've gone on your site and I've just two days ago put them through your mortgage calculator, your fraud calculator, and submitted that.

I have a tool that I've put up for the mortgage issue. And I hope a lot of you have seen it.

Last I talked to you, we discussed something about the assignment things of mortgages and

or my mortgage being sold through my homeowners and what I found out today was that through

the mortgage and it's to be listed on my homeowners.

You were talking about what you found with your mortgage or with your insurance company.

How dare you? The guy's got four kids, a mortgage, a car. He's struggling to make

your general, that are more specific to mortgages, that seem to go beyond just the general validation

indicated that the mortgage servicer, or whoever it is that files the application for modification

the owner of the mortgage. In that letter to the Federal Trade Commission, it states

be from the mortgage servicer who you're dealing with. They may tell you that you need to go

as well. But if it's the mortgage servicer who is making a claim here, what are you basing

to be one of the big lenders or mortgage servicers like Bank of America, Wells Fargo, et cetera,

et cetera. I'll tell you right now, there is a 99.99999% chance that the mortgage servicer

item here is gather information about your mortgage, your original lender. And I hear

information and then it came up and said Freddie Mac owns your mortgage. So we're pretty sure

home mortgage was the servicer. When we were foreclosed on, none of that ever changed.

Though all they ever told us was that Freddie Mac owned our mortgage, whatever that is.

I never had a mortgage. Not that I knew. I had a deed of trust, unless that's a mortgage.

I don't know, but. Okay. Well, that's essentially the same. A deed of trust is a mortgage with

up and says, yes, we own your mortgage. Oh, okay. Then so far I don't see any anomalies.

That's what confuses me. They say that they own my loan or my mortgage. What do they own?

in real estate question, this is not the place. No. If you have a mortgage question, that's

if you remember talking to me before, but I was the mortgage collector for both Chase and City

after they took him as a write off. And they lied about the right to sell mortgage.

with the top law offices in the country. And they lied about the right to sell mortgage

And after two and a half years, I found out they lied about the right to sell mortgage notes.

Needless to say, I lost my job because I didn't hang up on this mortgage debt investor.

She basically is buying mortgages on houses before they go to the sale to make as much as she can.

and couldn't get anything done for non-performing assets, whether it was non-performing mortgages or the deficiency balance notes once they already took the houses.

If you got Bank of America saying we own this mortgage, then Bank of America is your target. Now prove they're lying.

If you've got any analytical work done on your mortgage or on the securitization end, that's evidence. That will go in a different section. Also have a section for suits.

Okay, we are back. Randy Kelton here with Steve Skidmore, our very special guest, and we're going through a set of procedures that everyone should take if they have a mortgage issue.

I have, I mortgaged a house in 2006 and…

two mortgages, in 2008, it dropped down to being worth about $40,000.

But the mortgage servicer told you that you had to be, you had to stop making payments.

recover the full amount, you know, plus fees, interest, all of that on my second mortgage.

It's in regard to a mortgage to give you some background real briefly.

Your third refi was you're putting a mortgage on your house was your first, refi was a second.

the original mortgage originator, I guess we would call this person or this outfit would

be BNC mortgage, which has long been taken out of business by way of Lehman Brothers.

to ask some questions about mortgages and stuff like that.

That means it's not a trust document at all, it's a mortgage.

how you miss things sometimes. The borrower at closing issues a deed of trust or a mortgage

Those mortgage companies were designed to go out of business as a tax scam. We'll talk about that on another time. But you always have someone else claiming to hold a note.

You have a question on mortgage?

We spoke before about a mortgage issue that we were currently in and had some discovery

through my homeowner's insurance about the selling of my mortgage, and I noted that on

my mortgage statement, I was wondering if you had any information or knew anything about

the FDIC took them over, how that affected those mortgages that were held by IndyMac

this stuff to the mortgage.

to attain because the FDIC came in and took over IndyMac because they were selling mortgages

The same mortgage into two trusts?

Yeah, the problem I was having was that in my discovery of all of the mortgage documents

that I had from my homeowner's insurance, which showed everyone becoming the new mortgagee

on my mortgage, was that IndyMac was the only one who changed the loan number in their purchase,

So, if you do not have an FHA loan, then you have a stipulation in there, in the mortgage,

breached the contract and cannot enforce the mortgage.

that we understand the mortgage has been sold so many times and never documented in the

Just wanted to talk with you briefly about documents used in the mortgage fight.

What is the condition of your mortgage at the moment?

Or your mortgage

The mortgage or deed of trust is a document that grants privileges to the lender

Do you have the deed of trust in front of you or is Hawaii a deed of trust state or mortgage state?

Did the lender sign the security instrument, the mortgage or deed of trust?

My original lender was American Home Mortgage and then it moved to Countrywide and then --

Does American Home Mortgage still exist?

Home Mortgage?

Covenant 16, mortgage or deed of trust, are generally the same, and that's the one that requires that both parties abide by all relevant law.

It means when you filled out either the mortgage or deed of trust, you granted a privilege to the lender.

Yeah, because in this thing that they send me, which is about a half inch thick of documents, they say they have this assignment of mortgage recorded in Hawaii, state of Hawaii,

and they breached the deed of trust or the mortgage. And I'm harmed by breach of contract.

He was representing National City Mortgage, and National City Mortgage had been out of business in 2010.

All right. So even though it has moved from that to Countrywide Bank of America, their strong point is that they have acquired the assignment of mortgage.

He was handling a mortgage issue

The carpenter versus logger word, it states, okay, an assignment of the mortgage itself is a nullity, okay?

I don't know how many corporate assignments I've seen from mortgage electronic registration systems that is either endorsed in blank or it says on its face, assignment of deed of trust.

That also happened prior to MERS registration systems, all right, claiming to be a national registry, Mortgage Electronic Registration Systems, Incorporated.

The secondary market, which is the RMBS market, residential mortgage-backed securities.

Is this where the arm loans came in, the adjustable rate mortgages?

Number one, you can no longer afford the mortgage.

I hear the word mortgage loan out there a lot.

What is a mortgage loan?

For me, a mortgage loan is a loan secured by real property through the use of a tangible promissory note, which evidences the debt and the encumbrance of property rights through the granting of a mortgage or deed of trust, which secures the loan.

However, today the word mortgage alone is most often referenced to use mortgage loan.

They just say mortgage.

They mean the mortgage loan.

A lot of attorneys that I work with, they're talking about the mortgage.

They don't mean the mortgage being a contract, a separate contract.

They're talking about the mortgage loan.

If you have only been assigned the deed of trust, or if you have only been assigned the mortgage,

Mortgages must be recorded in the public records. This is from MERS own PowerPoint presentation that I have.

Now, the certificate holders in that trust were duped into believing that they had invested in a mortgage-backed security.

That trust was not backed by any properly secured mortgages or deeds of trust.

Fannie Mae is not listed into public as a properly secured creditor, being either on the deed of trust or on the mortgage.

And that is when Fannie Mae, Freddie Mac, Countrywide, a lot of parties, in addition to the Mortgage Bankers Association, got together and they created a private registration, national registry.

If you're in Florida, you're going to have a mortgage.

Now, if one were to go to Covenant 20 of the security instrument, meaning the Deed of Trust or the mortgage,

is statutorily determined to be nonsiccated purchaser in the matter of a residential mortgage.

Now while the mortgage does follow the note, okay, that's true.

The mortgage follows a properly secured note upon transfer and delivery and negotiation.

If you go to Carpenter v. Logan, 1872, all right, the U.S. Supreme Court stated the note and the mortgage are inseparable.

An assignment of the note carries the mortgage with it.

While an assignment of the latter alone is a novelty, the mortgage can have no separate existence.

When the note is paid, the mortgage expires.

So we're talking about the mortgage and the note, and it's as inseparable.

And the assignment of the note carries the mortgage with it.

So in other words, the sale of the tangible promissory note does carry the mortgage or the deed of trust with it.

When it talks about the mortgage can have no separate existence, when the note is paid, the mortgage expires.

when city mortgage puts their own address there or Bank of America, that's not the

And we have a mortgage, all right, in the name of the servicer, all right?

My mortgage was assigned from mortgage IT to sitting mortgage and I was in the middle

of a court hearing with mortgage IT who said they have not had any interest in the property

or the mortgage since 2007.

The next day the mortgage was assigned in their name by MERS to sitting mortgage.

And I filed a motion to amend the complaint to include sitting mortgage because they were

And I charged mortgage IT with fraud, fraud on the court because they said in court, open

Well I got a written reply to that, that mortgage IT had nothing whatsoever to do with that

assignment of mortgage, nothing.

So if you assigned the mortgage, which contained no conditions for collection, because they

could not acquire rights, all they did is sign the mortgage.

We rescinded the mortgage under 15...

Right, I would think you could get quiet title and that merely voids the mortgage or deed

because they not only forged the assignment and mortgage, they forged the original, and

they filed a forgery into the court record of the original mortgage.

I mean, the man signed with his wife to this mortgage in front of a notary.

It was endorsed specifically to Citi Mortgage by the original lender, and it's dated June

And then there's another stamp on that, Citi Mortgage in blank.

And now Citi Mortgage is trying to come collect money from me, and I'm just saying, hey, you

I buy a house from Bob, and he has a warranty deed, and he gets a realtor, and the realtor hooks me up with a mortgager, and I start paying, and all of a sudden I go into foreclosure.

And he gets a realtor to sell his house and the realtor arranges the mortgage company and everything.

And the pay, too, is left blank because the mortgage company doesn't actually hand Bob $100,000, but it comes from somewhere.

To eliminate the privilege that they have in a mortgage state, they have a privilege of going to court and suing the property.

and the main party in the public record of mortgage as recorded in the county recorder's office?

If someone lost a house through the bank default on a mortgage and a foreclosure and she's...

What kind of deed should she ask the mortgage company to provide for her?

And if you'd like more information, you can go to mortgagecomplianceinvestigators.com.

very first page, it says FHA Texas Deed of Trust with Merck's, but it says BMP Mortgage

to my mortgage, there are two assignments of note and deed of trust, and they're both

And part of that was a Bloomberg and ABS report where they said they could not find the mortgage

signed together are considered a mortgage.

And those two instruments together create a mortgage which in and of itself acts as

for the tangible note, those two documents together create the mortgage and that mortgage

The electronic promissory note, the electronic e-mortgage, right?

since it's vested in MERS, not a deed of trust at all, it's a grant, it's a mortgage,

mortgage and note and its counsel, and Fannie Mae, the researcher-

The real owner of the subject mortgage and note, Fannie Mae's servicing guide with its

Yeah, because like here in Pennsylvania, what I've noticed is that MERS mortgages, we have

it's required on every mortgage, and that is to the benefit of the recorder so that

And every one of them, every MERS mortgage I have seen has that on there, the wrong address.

it's being foreclosed in Bank of America or Citi Mortgage or Hoover.

Because Citi Mortgage is not entitled to payment, they are collecting for the person entitled

the owner of the mortgage note, whether the note is in our portfolio or whether we own

Now this is stated on page five of the guide to delivering e-mortgage loans to Fannie Mae

operation requirements necessary to create valid and enforceable mortgage obligations

necessary to create valid and enforceable mortgage obligations.

Right, I had to give her all that information on the mortgage

They entered into a contract to handle this mortgage with you

If you have a mortgage, well actually this is more than mortgage

But I've got the lawyer for Bank of America swearing under penalty of perjury that my mortgage was assigned to Bank of America on July 28, 2009

I've got the fraud closure attorney Susan C. Little swearing under penalty of perjury that I defaulted on my mortgage in January of 2009

My post foreclosure in the county records, they never did remove or satisfy the mortgage

It's still standing in there with a new mortgage, a new warranty deed, special warranty deed sitting on top of mine

Okay, Darlene, Florida is a mortgage state, so the other side had to sue for foreclosure.

Question, do you have MERS included in the mortgage document?

this mortgage where in the mortgage, you granted a privilege to the lender.

But first, if MERS is in the documentation, did the lender sign the mortgage?

According to the mortgage, you appointed MERS as nominee, beneficiary and nominee for the

You didn't affirm the mortgage, so they weren't hired in the first place.

If they didn't give you that notice, they breach the covenants of the mortgage.

Notice of default of mortgage needs to be filed in the record noticing that you made

mortgage, therefore the mortgage is void and no force in effect.

But did your request ask the lender to produce the original note and mortgage?

original note and mortgage, three times they filed in my court foreclosure papers that

the note and mortgage was lost, and then just mysteriously in September 2012, they filed

And the point I was making when we were going out is, you know, we've been helping people with more mortgage issues for quite a while.

Therefore, he breached the mortgage.

And, you know, the quick background is local mortgage broker/countrywide/BankofAmerica/thisnotice.

And what the lenders are saying is if we are collecting on a residential mortgage,

Otherwise, all any entity would have to say is, "Oh, I'm collecting a real estate mortgage debt,

Well, if they're collecting real estate mortgage debt and they received the debt,

So they are not included in the exclusion simply because they are collecting on a mortgage.

They must be collecting on a mortgage that they came into possession of while the mortgage was in good standing.

And they would have it such that all they have to do is maintain that they're collecting on a mortgage,

I used to have a solid mortgage, you know, and then I refied because I was paying nine and a quarter percent up until '03.

The roommate's paying the mortgage and I'm living in my cabin in the Ozarks, which is rent free. So, you know, I'm just down.

So no mortgage, no commerce.

The original lender was a local mortgage broker in St. Louis County who sold a month after I refied.

Wait a minute, Missouri, that's a mortgage state, right?

What was the dollar amount of your mortgage loan?

So depending on what your date was that you initiated your mortgage loan, that would be the year in the series of your trust.

So for World Savings Bank, if they had a sponsor, a seller, a depositor, again, remember, it's still a RIMIC, all right? It's still a mortgage pass-through conduit, all right?

meaning that whether it be a deed of trust from the state of California, a mortgage from the state of New York, or a security deed from the state of Georgia,

Go back to Carpenter's versus Longan, 1872, you know, a mortgage cannot survive a moment without the debt.

What my point was, Randy, is that it's not just mortgage company

is that I'm ready to go after my mortgage company

What is the condition of your mortgage?

My condition of my mortgage is current and faithful.

My mortgage company tried to set me up like a stack of dominoes

the second link across the top is free mortgage analysis

where it says mortgage analysis.

the legislative and gosh, now my tongue is tied now, right? But anyway, what these mortgage

companies and it's not only a mortgage companies, but it's credit card companies, no matter

my mortgage was secured by

record the mortgagee that Mares transferred to Chase and which Mares was doing it on behalf

would be a mortgage.

Deed of Trust or the mortgage.

But you don't have to do that because Covenant 20 of the mortgage authorizes the lender to

night college show that we do that's just totally mortgage issues and we address these

If you have a relatively large mortgage and we go into a period of runaway inflation or

It won't take a wheelbarrow full of money to pay off your mortgage with inflated dollars.

The problem the bank has is when the dollar gets less, worth less, your mortgage doesn't

Your mortgage is a dollar denominated asset.

invoke the privilege you granted them in the mortgage.

Well, you're going to file a document in the record that maintains that the mortgage is

void because the bank defaulted on the covenants of the mortgage.

would render the mortgage void.

So they have a valid notice of default rendering the mortgage void in the record.

They would then take this pass-through trust, file it with the IRS as a real estate mortgage

And if you've looked into the mortgage issue at all, you'll recognize how these pieces begin to fit together.

I'm not sure of the exact number, but that's close to enough to cover every single mortgage written in the United States for the last 10 years.

It's called a mortgage.

A mortgage tells the lender that you provided funds to me in return for a promise to pay you,

then your mortgage amount won't increase when the value of the dollar decreases. It'll make the mortgage easier to pay off.

and holding the mortgage teller, you know, you're having to hold them and making sure they've done everything truthfully and honestly

accusing the lender of defaulting on the mortgage.

What are you doing now on the mortgage, on your foreclosure?

Well, I had looked on my contract and I saw that there was a MERS mortgage and I found the M-I-N number and went on there and found this investor that is active in saying that they're active as the servicer for my mortgage.

Bank of America is who I've been paying and they're saying they're the servicer of my mortgage.

They are assigned as a nominee on my mortgage.

They put a mortgage in front of you that you had no input in the creation of.

So it must be presumed that since the lender created that mortgage, it was written exactly the way the lender wanted it to be written.

Now, in order for that mortgage to be valid, it would have to be written in language that an ordinary person of reasonable prudence could understand.

and they are claiming that they are the investor that owns this mortgage, and that Bank of America is the servicer for them.

Home Star Mortgage.

Is there an assignment of the mortgage, wait, Georgia, that's a deed of trust state, right?

What's the condition of your mortgage?

Well, the thing I want to say also is that they sent me this assignment to this mortgage claiming that this bank is the owner,

and or legal and contractual capacity to enforce the privilege in the mortgage?

note, the original wedding signature note and they hold the mortgage or deed of trust,

or the mortgage, the security instrument. So they can't come to the court with an in

pay and the mortgage. Yeah, and anymore I'm looking more and more just at the breach of

of purchasing residential mortgages, gathering them together into a large pool and then filing

that pool with the Internal Revenue Service as a real estate mortgage investment conduit

the cover of residential mortgage contracts so that when the money is paid back the lender

your mortgage issues that you've developed for my sister.

She's getting ready. She's current with her mortgage,

On a petition for declaratory over an assignment of mortgage,

That's really obvious, but when you get a document that emerged reports to make an assignment from the original mortgagee to some entity,

Okay, so then if I went after the filing of the mortgage on a petition to declaratory judgment,

then I would name the party that filed the mortgage, not the party on whose behalf the mortgage was filed, right?

Well, never claim them under the Consumer Protection Laws. Claim that they breached a law relating to the mortgage, and therefore, they're in default on the mortgage because they breached Covenant 16.

and so we're basically sticking to mortgage issues.

Okay, Debbie, what is the condition of your mortgage now?

So if you have the mortgage and you're either in trouble in the mortgage or looking at getting in trouble in the mortgage, do something.

They can't exercise the deed of trust for the mortgage.

When you write a mortgage or a deed of trust,

In a mortgage state, you grant a claim against the property.

So you write him a mortgage and you grant, you confess a claim against the property.

So he asks for a mortgage and you confess a claim against the property.

Hey, Mr. Kelton, if Jeremy has a mortgage question,

which I like a lot better, but it's not mortgaged.

I'm one of the owners of Mortgage Compliance Investigators,

they can email me at info at mortgagecomplianceinvestigators.com,

and then you create a security instrument in the form of a deed of trust or a mortgage to secure the note,

And this entire instrument must be together at all times in order to remain an entire instrument, the mortgage loan.

the closing agent puts in front of you this document called the Deed of Trust or a mortgage,

That's not a trust. That's a grant. That's a mortgage.

Because they can make a document that they claim to be an assignment of mortgage.

But this assignment of mortgage many times does not contain conditions over which include the right of enforcement.

Right. And you'll often see on the assignment they list Merz as the original mortgageee.

So, again, if the assignment, if Merz is coming forth, claim an agency relationship, whether it be nominee, beneficiary, or mortgagee, fine.

In California, the statute of limitations for mortgage expires in four years.

because people that are dealing with these mortgage issues,

What is the current condition of your mortgage?

If your mortgage lender waits too long to bring a foreclosure action against you,

I spoke to you about a week and a half ago, and I shared with you that my mortgage company did respond to the first debt validation letter,

And they are saying that they are the holder of the note or the hold of the mortgagee, the person I should be paying,

What is the current condition of your mortgage?

Well, this is the month where the mortgage doubled. I have been paying the mortgage all the way up until this month.

Well, I wanted to address the MERS as mortgagee issue in Texas.

and 51.0001 subsection 4 defines mortgagee as A,

into Texas courts, and arguing that MERS is the mortgagee defined by 51.0001

So how is your mortgage issue going?

Mortgage issue is interesting.

and the reason I did that is because we have a mortgage assignment that's a forgery

because in Pennsylvania if you have MERS in your mortgage it's a void contract

because MERS is not a mortgagee,

and in order to have a mortgage contract you need a mortgagee.

That was an issue we spoke to yesterday where an assignment names MERS as the original mortgagee,

Well, it says that MERS has mortgagee a nominee of the lender and then it names the lender.

Well, the thing is that in Pennsylvania mortgagee is defined,

so if you stop right at mortgagee it says in the statute, 711 on Title 21,

that mortgagee is a creditor.

Merge is never a creditor, so mortgagee can't be a mortgagee.

In Pennsylvania, in order for a mortgage contract to be recordable and valid,

The first is that it has a borrower, a mortgagee, a mortgagor.

Then they have to have a mortgagee.

Now, the reason that MARS in a mortgage in Pennsylvania is void

is first of all because it's not a mortgagee as defined by law.

I would think a certificate of residence, is this only with a consumer mortgage

All mortgages. All mortgages must have...

and show why none of them apply because you have no mortgagee,

because the obligation was separated from the mortgage, you know.

the entire mortgage document consists of a promise to pay and a security instrument.

is actually a grant, is actually simply a mortgage

But if you look at the Deed of Trust or the mortgage,

if MERS is included in the mortgage,

I do a program to help people with mortgages, and I make money doing that.

I talk about mortgage issues when someone asks about them.

but then turns that whole mortgage into a Merz and then sells it off.

Merz is a company that keeps a registry of all of these mortgages

Now, what they did was try to take residential mortgages

But the nature of residential mortgages was such that it simply was not a legally compatible arrangement.

The first thing I do when I look at a mortgage issue,

Now, when you go look at your record, if I see the lender on the mortgage

then they use this loan to purchase all of these residential mortgages.

They take these mortgages and they group them together into pools,

and then they sell the beneficial interest for those mortgages as a security.

You had a foreclosure mortgage question for us.

and knowing that they're toxic mortgage-backed securities,

what happens to the mortgages in those court cases that are the product of their being sued?

If the people who are foreclosed on don't raise issues about those mortgages, they waive them.

Rights belong to the belligerent litigant and the banks count on the fact that most people don't fight the mortgage.

and found that the property had been sold, the mortgage had been sold to several different companies,

couldn't have transferred this mortgage assignment to Wells Fargo because Wachovia wasn't there

I must have dozed off or something because I don't have a mortgage problem.

and apparently you do mortgages on Thursday,

Oh, no, I do mortgages on Wednesday.

Oh, well, everybody's new talking about mortgages since I've been listening.

Yeah, I've only been talking about mortgages because people ask me questions about them.

Okay. That's the basic structure. Now I need to really get to what is the current condition of your mortgage?

Well, the current condition of the mortgage is that I don't have a mortgage with them anymore.

It actually was the mortgage company making mortgage loans, which I did not know when I entered the...

Are there any notices or assignments of mortgage or assignments of deed of trust

about the loans from the actual mortgage company.

I had a loan through a mortgage company and he and his friend was an investor

I didn't know when I went to the mortgage company and applied for the loan to get a loan

I didn't know a mortgage company could give loans.

You went to a licensed mortgage company.

And that was one of the things that he was fined on the mortgage lender was fined on the fact that he had licensed

the mortgage company, but it was running it under other names or names.

And as the contractors completed the work, the mortgage company dispersed the funds.

It's the fact that when I continuously paid on the contract with the mortgage company

I presented them with a timeline of when I entered into the mortgage loan

with the mortgage company and when he said that...

mortgage company was going to get me in a situation such as I would be losing

Well, it doesn't have anything to do with mortgages.

And so far, I think this is going to turn out to be a great asset to people who have mortgage issues

Well, let me start off by I re-financed my house in 2004 to American Mortgage Acceptance Corporation,

Then American Mortgage—

Well, it was Amira's mortgage, plus it was robo-signed.

The race—I went to a broker lender, American Mortgage Acceptance Corporation.

My email would be info at mortgage, compliance,

Just tell me I have info at mortgage compliance.

In these pools, or is there more than one pool per loan, mortgage,

I know that my mortgage was supposed to be in a Maryland pool.

Okay, now my next question is your mortgage payment insurance or your credit default swaps

When those are paid out, do they pay off the tangible mortgage note or what do they actually pay off?

If the amount of the private mortgage insurance is added to my payment

Does the mortgage automatically follow it in accordance to what law?

Yes, the mortgage follows the note.

If it is a properly secured note, yes, the mortgage follows it.

If the mortgage follows it, would it also not be required that every time the note is sold into securitization,

So I would denote in the sale of the payment stream and the sale of the mortgage,

and I use the term mortgage, loosey goosey,

is because the mortgage could be in the tangible homeowner's or the intangible payment stream world.

Anybody out there who has a mortgage that they have secured since the repeal of the Glass-Steagall Act 1999 forward,

So if you have a mortgage in the last 20 years or so, you might want to pay real close attention to this.

So with that said, Joe, will you kind of give us an overview of why someone with a consumer residential mortgage

I know a little bit about it, but just enough to be dangerous. But from my looking at the mortgage issue,

securitization itself seemed to be okay, but residential mortgages just did not seem to lend themselves to the way that the securities were normally bought and sold and transferred.

And the money changers tried to stuff the residential mortgages into this securitization process and it seems like it was not a good fit.

And you're so right. Now, one of the interesting things when it comes to residential mortgages is that prior to the repeal of the Glass-Steagall Act,

a lot of the mortgages that were done were done in a timely fashion. It was done correct. Prior to the creation of MERS, which is Mortgage Electronic Registration Systems,

These documents would be either a deed of trust or a mortgage, or if you're in the state of Georgia, it'd be a security deed.

That's very correct. So this is why it is so important. If you have a mortgage or if you have a deed of trust,

The time that it was taking to get the note, the mortgage, and the intangible payment obligation as the entire instrument from party A to party B to party C to party D was taking too much time in the bank size because they were hundreds of billions of dollars at stake.

in a trust, in a remake, which is a real estate investment mortgage conduit, that you must be listed with the IRS Publication.

And this is important because while we're talking about your house, your mortgage,

The next hour, we'll take calls on the securitization and mortgage issue.

And I've got this assignment of mortgage that was never recorded,

But I'm reading this assignment of mortgage that they produced.

Okay, now on this assignment of mortgage that was never recorded against my property,

in order to familiarize and memorize an assignment of the subject mortgage which took place prior to the date thereof.

It's a long, long story, but on my backup, I did a refi in 2003 with AmeriQuest Mortgage, and I'm sure you're familiar with AmeriQuest Mortgage stuff.

I started getting all these documents in, and City Mortgage took over the servicing and also American Home Mortgage.

City Mortgage was my servicer, took over the servicing, and AmeriQuest went belly up in 2006.

Now, here's the situation. When I was getting these documents back from City Mortgage and everyone, and I'm cutting this real short.

I was told that I could not sue on the fraud on the HUD because I had been paying on a mortgage on a loan that I never signed.

I am with mortgage compliance investigators

And one of those perfected chain of rights is to the security instrument, the mortgage.

But this is where the mortgage loosey-goosey terms is you've got a tangible mortgage and you've got an intangible mortgage.

Now, the intangible mortgage is the paper personal property.

which is the mortgage deed of trust that you set down and signed.

And we were talking about why would a lender who's trying to collect a mortgage and the borrower stops paying on the mortgage

And if anybody here, the biggest problem we have with people fighting for what is right is we enter into a mortgage contract and when we enter into it, we don't realize that everybody that we were given reason to trust is lying to us.

I happened to have a warranty deed on a property in Frisco, Texas. And that property was mortgaged by Washington Mutual.

So what you're telling me is that Washington Mutual sold in interest of your mortgage loan instrument.

mortgage and then we'll go to calls on any subject.

Now if we're in Florida or if we're in another state that uses a mortgage, it is a similar

or 433 it essentially says that they had problems with with loan mortgage

this great idea that you could take a consumer mortgage and convert it into a

security and take that consumer mortgage and match it to this these investors

mortgage lasted for a long time so it was a perfect fit where it seemed a

perfect fit the problem was there were our requirements with a mortgage that

If you had a mortgage loan that originated with Countrywide

Or the entire mortgage

Are they looking at the tangible security instrument or are they looking at an E mortgage security instrument, an electronic mortgage instrument?

So then if an interest of my mortgage loan was sold to Fannie Mae, but Fannie Mae is not listed into public record as beneficiary

the mortgage is assigned a record, and you would negotiate the instruments

Well, I've been doing a lot of research not just directly on the mortgage issue,

We're trying to get a good treatment of the mortgage and the deed of trust

Named into public record as beneficiary or mortgagee,

I'm not on mortgages.

It seems like if people had a mortgage, they would be infringing upon a mortgage.

because apparently there was a second mortgage

And this group, they mortgage everything.

got together and created a company that was illegal to operate, Mortgage Electronic Registration

Systems, and they created this as a way to keep track of consumer or residential mortgages

I'm not talking about the e-note or the e-mortgage, which are many times the documents or the instruments that are being referred to.

Because on these assignments, they don't say if they're talking about the e-note or the e-mortgage.

Now, that authoritative copy and all the other e-mortgage documents are held in an electronic vault.

Okay, now shortly after closing, countrywide home loans sold an interest of John Doe's mortgage loan instrument to Fannie Mae.

Okay, so now Fannie Mae has an interest in John Doe's mortgage loan instrument.

Fannie Mae purchased an interest, an interest of John Dole's mortgage loan instrument.

If I were to go to page 12 of the Freddie Mac e-mortgage guide version 2.0, it stated, seller servicer must also comply with the applicable purchase documents and make the representations and warranties in this e-mortgage guide,

Now, we don't have any laws for e-notes, for e-mortgages, but it's telling them they must be in compliance with state and federal law.

Now, on page 5 of Fannie Mae's guide to delivering e-mortgage loans to Fannie Mae version 2.5, if we go to paragraph 2.2, initial and periodic assessments,

each lender is responsible for determining that it meets the legal, technological, and operational requirements necessary to create 8 valid and enforceable mortgage obligations,

People, it's in black and white. Each lender is responsible for determining that it meets the legal, technical, and operational requirements necessary to create valid and enforceable mortgage obligations.

But again, many times I've seen as many as five and six parties all coming forth with a claim of a different part of the mortgage loan instrument.

I was talking earlier about the differences between the e-notes, e-mortgages versus a tangible promissory note and the security instrument,

whether it's a mortgage or a deed of trust or a security deed.

Are the parties out there talking about the e-note, the e-mortgage?

If I pay my mortgage loan off, will the mortgage loan have a clear title?

Is the mortgage loan instrument properly sold, negotiated, and transferred to the proper parties?

you must be the proper beneficiary or a mortgagee.

They're claiming an interest of this John Doe mortgage loan.

in this John Doe mortgage loan.

they're claiming an interest of this mortgage loan instrument.

Fannie Mae is claiming an interest of this mortgage loan

of this mortgage loan instrument,

So if we were to look at the mortgage loan instrument, which is comprised of the tangible promissory note,

So these three items together comprise the entire mortgage loan instrument.

and is not the sole party with the sole interest of the payment tangible obligation, then one does not have the entire mortgage loan instrument.

And we've been talking about the entire mortgage instrument.

the mortgage and note shall be construed as one instrument.

The mortgage follows a note.

The mortgage follows a properly secured note.

The mortgage, meaning the security instrument, cannot follow a partial interest of the note.

What they're holding is a partial interest of the mortgage loan instrument.

Here's the problem. If that thing defaults in this interim, then if a party receives a mortgage that is in default, then they're a debt collector.

What was sold, Randy, was not the entire mortgage instrument. Fannie Mae had purchased a partial interest.

These companies tried to turn residential mortgages into a security.

Consumer mortgages were a round peg that they were trying to stuff into the square hole.

in the creation of the note, what the Holder Rule says is we have these mortgage companies

One is the first and one is the second mortgage, probably, because Bank of America is claiming

But I have an issue with some of the documents. My original mortgage and note were originated by a company called One Choice Mortgage.

What we did not know is that on the same day One Choice Mortgage sold the note or there was in a lounge showing ownership into Wachovia.

But my point being, if One Choice Mortgage actually received the funds from Wachovia, then One Choice Mortgage technically would not be the lender.

And if they recorded the mortgage, is that a faulty recording or I should say a fraudulent recording and do I have a leg to stand on?

All right. So with that being said, Fannie Mae has purchased an interest of your mortgage loan instrument.

All right. So pursuant to Covenant 20 of your mortgage, it says,

They sold an interest of your mortgage loan instrument.

Fannie Mae never acquired the entire mortgage loan instrument.

Fannie Mae is not listed on record in Wisconsin as being mortgagee.

So you've got multiple parties claiming an interest of your mortgage loan instrument.

and I'm sure we could go and look up the date that Fannie Mae acquired an interest of your mortgage loan instrument,

Now, while the mortgage does follow the note, it follows a properly secured note.

So, we went out to the hall and both parties identified themselves and then the homeowner's attorney who I was there representing says, "This is Joe Esquivel. He's with Mortgage Compliance Investigators. He's a licensed private investigator. We flew him off of Boston, Texas. He's here to testify as an expert witness."

Remember, your mortgage is an alternative contract for collection.

Now, when they sold an interest of your mortgage loan instrument, they sold your promise to pay.

When they sold that part of the mortgage loan instrument, it reduced the value of the security instrument.

The mortgage cannot survive without a debt that exists.

So the mortgage has nothing to attach itself to. You sold the debt.

So with the debt being sold, the mortgage is a nullity. It's not voidable. It's not voided. It's a nullity.

and mortgage their lives for the next generation.

mortgage loan and is only for residential property.

That's what a mortgage is.

So you gave him the mortgage, you gave him a claim so he can sue your property effectively instead of suing you.

on especially on these mortgage issues.

The entire mortgage instrument.

Mortgage instrument.

So many times when it says assignment of mortgage

Because Fannie Mae and Freddie Mac are not listed as beneficiary or as mortgagee in public record

You can go in section 8.2, it's under assignment of mortgage, and it's in the Fannie Mae requirements for custodians, and it states

Because we have to talk about the entire mortgage loan instrument as a whole

If we were in Florida, it would be a mortgage And we're talking about the payment and tangible obligation

Now, those three items together comprise the mortgage loan instrument

In reference to a GSC such as Fannie Mae or Freddie Mac or Ginny Mae, many times almost immediately after default, an assignment is made to the servicer of the loan, mortgage loan

Well, you're going to go to agency law So once a partial interest of that mortgage loan instrument has been sold, it now leaves the entire instrument less an entire instrument

But you sold the right to future payments So now when someone has a mortgage loan instrument

That's all they are They're investing in a portion of your mortgage loan instrument

They're not the holder in due course Fannie Mae is not listed as mortgagee or beneficiary or nominee in public record

A portion of the note as referenced by Covenant 20 A portion of the mortgage instrument

national city mortgage, I'm sorry,

then in Florida it would be a mortgage.

If they failed to transfer the mortgage to another entity,

The note and mortgage?

The security instrument being the mortgage.

The mortgage is the document that grants a privilege

and the servicing rights to resurgent mortgage servicing,

We are writing to inform you that your mortgage loan noted

to resurgent mortgage servicing.

What is the current condition of your mortgage?

Mortgage Electronic Registration Systems.

Yeah, and, you know, you figure, you know, what's the mortgage payment?

like if there's an assignment of deed of trust or assignment of mortgage,

We do mortgage fraud investigations every day, and we go into the parties that signed it,

They're claiming to assign the mortgage from the original lender to some other company.

One of the other things is we look for, read your mortgage document.

Okay, everything, this mortgage stuff seems so confusing when it should be really very simple.

My question is, is the bank selling this mortgage, say it's a $100,000 mortgage, and if it's played out, it costs the buyer $200,000?

these tradings used to be that a bank would give out a mortgage and hold that mortgage and collect it over the life of the note.

they might want to take their mortgage business and sell it to somebody else.

Well, this whole scheme of securitizing residential mortgages, it looked like a perfect match.

And the banks tried to put together this cherry-rigged method so that they could use the residential mortgages

So the entire mortgage loan instrument was sold as a whole, was recorded, was resold, was reassigned, entered in public record,

And that's the problem, because about 80 percent of the properties that are out there are in this registration system called MERS, in which MERS purports to own the mortgages.

There is no statutory requirements for electronic notes, because electronic notes, electronic mortgages are not negotiable instruments.

requirements of law regarding a valid claim to the mortgage title.

that states the sellers of these mortgage notes shall meet the technological, operational,

and statutory requirements of law in order to have a valid enforceable mortgage loan.

deed of trust, mortgage, whatever, contains rights that are attached to the rights

I want to go in and claim that the deed of trust in Texas or a mortgage in a judicial state is unenforceable.

Well, this is all mind-boggling, this mortgage stuff. But the seller, he got his money and he went to Belize where he can't be extradited.

Since my mortgage, the day we signed this noted mortgage,

When I signed the assignment on the day that we originated this note and mortgage,

as opposed to the reference to Merz in the deed of trust or the mortgage.

A portion of the mortgage loan instrument.

Mortgage loan instrument.

mortgage is the beneficial interest in the note.

So I'd always had this concern about how do you take this instrument, the mortgage instrument,

How is it possible to sell that because the courts have held that the mortgage follows

If the mortgage follows the note, when you sell the note, you can't sell the mortgage.

a mortgage loan is sold or otherwise transferred or assigned to a third party, the creditor

So your question was, how can they sell a piece of this mortgage loan instrument?

a mortgage deed of trust or if you're in Georgia, a security deed.

You're selling a portion of the mortgage loan instrument, which is legal.

Now I can sell you an interest of this mortgage loan instrument and yes, under UCC 312 there

The only thing that can be sold is the mortgage.

So, unless the mortgage loan instrument in its entirety is sold, negotiated, and transferred,

one must have all three parts, which constitute the mortgage loan instrument.

But if you also read that, all right, it says, an assignment of the note carries a mortgage

The mortgage can have no separate existence.

What they're claiming- The note being mortgage means-

verbiage as an assignment, that would be an endorsement of the note carries a mortgage

It's a nullity because the mortgage can have no separate existence.

It says when the note is paid, the mortgage expires.

The mortgage and the note are to be construed as one instrument, as one document.

It's one mortgage loan instrument.

That is why the mortgage follows the note, a properly secured note, but a partial interest

That is a partial interest of the mortgage loan instrument.

Again, look at the entire mortgage loan instrument.

Okay. I misspoke. I said my wife and I signed the assignment of mortgage.

We did not sign the assignment, but it happened on the same day that we executed the note and mortgage.

If you look at any of my infographics that I've created that are on my Scrib page over on Scrib.com under mortgage compliance investigators,

Yes, it does. So then when it ultimately gets assigned to Chase in this case, because that happened last December, Chase has been my servicer for about nine years and there was a mortgage to them. Does that mean that since there was already an assignment created that the one to Chase is illegal or null?

All right. Are they talking about the E note? Are they talking about the E mortgage? There is no specificity.

So there is just a presumption. But if there was to be an assignment to JP Morgan Chase, I would ask, all right, fine. So where is the negotiation transfer and delivery of the mortgage loan instrument as a whole?

So with that being said, having an exact date that Fannie Mae acquired an interest of your mortgage loan instrument, you would have had a timely fashion in which to have this recorded into public record.

It helps me. My question was, since Wachovia merged with Wells Fargo, so this mortgage was originally assigned MERS as not only for Wachovia. Shouldn't Wells Fargo also have an assignment somewhere in the record?

If they fail to do that, then they have breached Covenant 16 of the mortgage and rendered the mortgage unenforceable.

I'm going to court October 3rd for the second time. On the first hearing, September 3rd, the judge, when I brought the point up that I have the right to examine the note and mortgage,

the judge agreed and postponed this for 30 days so I could see if the attorney left the courtroom saying, we have the note and the mortgage.

So when I called to arrange time, the attorney that answered the phone said, I'm sorry, we don't have the note and mortgage.

I'm not an expert document examiner, but the documents I did look at, the note and the mortgage,

And then there was a separate assignment of mortgage to MERS as nominees for Wachovia.

that Wells is required to record all these assignments of mortgage since they merged with Wachovia?

But there was an assignment of mortgage from Wachovia.

On the first one, it was a one-choice mortgage assigned to MERS as nominee for Wachovia.

Okay, well, mine is the foreclosure that they did a assignment of mortgage

and I gave all my evidence about this unrecorded mortgage assignment

and demand three times the amount of the mortgage, file a bar grievance against him.

You say three times the mortgage, it's whatever the mortgage was in the initial claim, correct?

closing national parks, and not doling out government-backed mortgages, among other things.

closing national parks, and not doling out government-backed mortgages, among other things.

I just wanted to go back to this issue and just kind of make it clear just why we're saying that the mortgage companies, the lenders are basically, you know, going to be in a bad way because they didn't set the amounts of their loan as far as the amount of silver at the time of the loan rather than Federal Reserve notes.

And then the people who are holding onto the commodities, well, you just go sell a few ounces of silver and pay off your mortgage by that point.

And that's why Randy's saying don't be in such a big hurry to pay off your mortgage because, hey, when hyperinflation hits,

Okay. I'm curious how the mortgage companies and especially the credit card companies have been getting around that,

That was mortgage companies.

In foreclosure issues as concerns mortgage companies, they do not.

I've been doing a lot of research lately, lots of interesting things are happening in the mortgage area

And if you have a mortgage and you're struggling with it, time has never been better to take some action to try to achieve remedy

Or if you're in a mortgage state, the mortgage, I call them generally the security instrument

The mortgage itself contains three documents, the warranty deed which is traded to you, the borrower, in return for a note, a promise to pay

So that all three form a single instrument called a mortgage

So you can't just rip them apart, and that's contained in Covenant 20 of your mortgage or deed of trust and security instruments

Now underneath that section in the crafter's notations, it references the only portion of that mortgage that is of any value is the promise to pay

If the lender has sold the right to be paid, he has sold the mortgage

If it's a mortgage, the transfer paragraph purports to transfer the legal title to the lender

We'll pick calls on the questions on mortgage or any other topic that's within our scope

If you have a $200,000 mortgage, and we go into essentially spiraling inflation, as the dollar gets less valuable, the dollar amount of your mortgage doesn't increase because the mortgage is based on dollars.

Had they based the mortgage on the amount of silver it would take to purchase the property at the time of sale instead of dollars, they'd be okay.

And, you know, back to what Randy was saying, I just wanted to comment on that, about the lenders, the mortgage companies. If they had defined the amount of their loan in terms of how much silver it would be the equivalent amount of silver at the time of the loan, then however much the dollar fluctuates, it wouldn't be a problem for them.

The Dita Trust is merely like a page out of a mortgage.

Correct. For a mortgage, you have a warranted deed, you have a note, and you have a deed of trust to secure the note

And by transferring the deed of trust, they've reached into the box that contains the mortgage

and pulled a piece of that mortgage out being the deed of trust, and they transferred it to somebody else.

Because when we step outside of it, we can look and see all of the parts that are all tied together to one mortgage loan instrument.

Because they are all part of the same mortgage loan instrument, they all must be articulated correctly.

We're bringing all these issues pertaining to the mortgage loan instrument.

Okay, well, the difference in this one is that the note, the original lender was one choice mortgage.

I wonder if he has any mortgage-backed securities in his personal portfolio.

nominee or mortgagee, and Fannie Mae was not listed as the payee on the payee line of your

Go back to Carpenter v. Long in 1872, the mortgage cannot survive a moment without the

They talk about mortgages and other issues.

and trying to figure out why the things on my mortgage don't look correctly.

Fannie Mae purchased in interest of your mortgage loan instrument, Chris.

So the account debtor sells an interest of a mortgage loan instrument, which is the promise to pay,

That is what gives the value to the mortgage loan instrument.

You have under 72 PS 4861 record of mortgages.

Are we talking about the mortgage loan instrument as its entirety?

where my homeowner's insurance tells me there are three other people that owned my mortgage, and that's not showing up on any assignment in record.

The bank put us through this runaround about you have to be 60 days delinquent on your mortgage in order to get a modification.

It's not that we can't afford the mortgage.

And the gentleman who signed the assignment to give the mortgage to Wells Fargo from Wachovia via Merz as the beneficiary, who was no longer in business, is on my LinkedIn page.

No, that's another step. Plus, the attorney at the September 3 hearing, the attorney for the plaintiff, when I made the point of demanding to see the wet signature note and mortgage,

But if you live in a house for the next 10 years while you're fighting them in court and not paying a mortgage,

If you've got $1,000, $1,500 a month mortgage and you fight them for 10 years,

Say you got your loan with First City Mortgage,

I'm collecting this money for First City Mortgage.

I don't know that you are collecting this money for First City Mortgage.

and I know that the letter purports to be sent to me by an agent for First City Mortgage.

But I don't know that it was actually sent to me by an agent for First City Mortgage.

Declaratory judgment attacks the mortgage or the deed of trust, the security instrument.

But he did not file. When he knew I wasn't served, he knew that they'd been on my property and I'd been robbed. He knows I don't have a mortgage. He knows that MERS is not.

Okay, okay. Hold on, let me back up a little bit. Are you saying there's no mortgage against your property at all?

Now wait a minute. I know what a final judgment is, but you said you didn't have a mortgage. So is there a foreclosure in process?

And then there were no stamps that are supposed to be certified. And there was no way – there was a note in a mortgage transfer.

And you said earlier that you do not have a mortgage on your property, correct?

Okay. Did you pay your mortgage loan instrument in full?

Because for MERS to be named, they would have to have a mortgage.

The mortgage that was on that house before I bought it, it shows on record, satisfaction of mortgage.

In August of 2011, the bank city mortgage was caught on my property.

So now on November 30th, they filed a lease attendance, a city bank mortgage does.

That was the original bank because it actually started out with Market Street Mortgage and then-

How old is your suit? I mean, how old is your mortgage?

If you have a mortgage, and the mortgage is kind of old,

and then you have XYZ mortgage company claiming authority to enforce the note,

and you have a transfer of security instrument by PRQ mortgage company.

When we look at the mortgage issue, don't do anything until you have all of the basics.

and we are talking about mortgages for two hours.

I was going to go through the basics in mortgage,

This is what happened to me last night when someone asked me a question about mortgages

The very first thing to do if you have any mortgage issue is,

I have people call me and say, well, I got a note with Joe Blow Mortgage Company,

That's why if you go before the court and the court asks you if you entered into a mortgage agreement,

well, I may or may not have, but I don't know that I've entered into a mortgage agreement with these people.

did they identify what trust vehicle that your mortgage instruments are in?

in almost every suit, in almost every mortgage.

If you have a loan by ABC Mortgage, and then you have an assignment of security instrument by BDF Mortgage,

assigning it to PRQ Mortgage, you know, it's pretty simple to say, wait a minute, who the heck are those guys?

If you have a deed of trust, if the borrower granted a deed of trust to ABC mortgage

not by ABC mortgage but by DES mortgage to XYZ mortgage,

What is the condition of your mortgage?

entire mortgage loan instrument, being the tangible promissory note, the deed of trust

So, rights are acquired through transfer and negotiation delivery of the mortgage loan

That's the mortgage part.

as the residential mortgages do,

info at mortgagecomplianceinvestigators.com.

So that's info at mortgagecomplianceinvestigators.com.

What is the condition of your mortgage at the moment?

And if it's not, is there an assignment of the mortgage to the entity who appointed the substitute trustee?

Now, if you go to the Fannie Mae website, they will give you the exact date that Fannie Mae purchased in interest of your mortgage loan instrument.

On the Fannie Mae website, they didn't sell the note. They sold an interest of your mortgage loan.

You'll check that you understand that this is you, and then it will tell you the date that Fannie Mae acquired that interest of your mortgage loan instrument.

All right. When they acquired an interest of your mortgage loan instrument, they acquired the right to receive payments.

They did not negotiate for a tangible promissory note, nor were they evidenced into public record as being named on your mortgage.

was, uh, sued in Texas by American home mortgage servicing incorporated and in Connecticut

the mortgage.

It turns out the mortgage was allegedly transferred into the Remic years after the closing date,

They've only purchased in interest of the mortgage loan instrument,

Because Fannie Mae is not listed into public record as nominee beneficiary as mortgagee,

They deal with e-mortgages and e-notes, and pursuant to 15 U.S.C. 7003,

There are no laws for e-mortgages because everything must be in writing, everything.

Now, because there was no lien in effect from Fannie Mae, because they had only purchased a beneficial interest of that mortgage loan instrument, all right?

So having an interest of your mortgage loan instrument

So what we had is we had a warranty deed and then we had these mortgages and then when the lender was on the record

Fannie Mae did purchase in the interest of your mortgage loan instrument.

My question would be, on what date did Fannie Mae purchase an interest of my mortgage loan instrument?

On what date did they purchase an interest of my mortgage loan instrument?

That they purchased an interest of your mortgage loan instrument.

They did not properly purchase and acquire the rights to the mortgage loan instrument as an entirety.

Again, you can go to our website, mortgagecomplianceinvestigators.com.

And then you can also send an email to info at mortgagecomplianceinvestigators.com.

and I have a letter saying that they do not hold the mortgage.

My mortgage note has many owners because it is sold in a trustee pool.

My original was AmeriQuest mortgage, and I had my pooling servicing, and I've read it.

foreclosure and mortgage issues and securitization thereof.

and I did not add the mortgage stuff in the alleged liens until August the 16th,

So the investors think that they have a true residential mortgage-backed security,

Fannie Mae bought an interest of your mortgage loan instrument.

Because Carpenter v. Longin, 1872, the mortgage cannot survive a moment without the debt that exists.

Wait a minute. If any may purchase an interest in my mortgage loan instrument, had this been a legitimate transaction

Joe was speaking with Francis in Colorado about discharging mortgage debt or discharging debt in general, discharging an obligation, I'm sorry, in bankruptcy.

I wonder, okay, I'm wondering if you can sever these issues. Does your brother have any connection to your mortgage?

And what was negotiated? Was the mortgage loan instrument properly negotiated, transferred, delivered?

Well, I've been having troubles with my mortgage company,

I have had in the past my mortgage company or what I like to call – they're just a mortgage servicing company.

I want to sue my mortgage company.

And the insurance company wrote the check to me and TNC Mortgage.

Right. So TNC Mortgage, they didn't even give me enough of the money of that check to pay for the materials to repair my home.

and mortgage-related issues.

Chances are it's going to be the mortgage originator,

you'll be going to what is normally found in Covenant 16 of the Deed of Trust for mortgage,

in where you find a section, it's depending on whether you've got an average mortgage or some hybrid.

was created as well and that was an e-mortgage.

There's a lot of confusing language in the mortgage world.

I was talking some mortgage issues with a lady one day on the telephone.

So we're talking about e-notes, e-mortgages.

Let's talk about the elements of a mortgage loan instrument and how they are governed.

Because I had located that an interest of my mortgage loan instrument was sold to Fannie Mae.

Thus leaving my mortgage loan instrument less an entire instrument.

And have been properly negotiated, transferred, and delivered the tangible promissory note. Right. But a secured debt is secured by a perfected instrument or a perfected security instrument, which is a deed of trust or a mortgage.

It seems like there's no end to the way these mortgage companies

and let's say the mortgage company withholds a third of that

looks like windfall profit to the mortgage companies, to the lienholders.

But the mortgage companies are the worst to deal with on these situations,

And it sounds to me like it knows who to speak to at the mortgage company.

until I was in default and they collected the insurance on the mortgage insurance.

the mortgage company was the ones holding the money, not the insurance company.

So if you sent that check over to the mortgage company, a $20,000 check,

Okay, so you received the $20,000 from the mortgage company at this point?

And the mortgage companies, once they know there's a P.A. on board,

Well, in a lot of the mortgage companies, if you have a mortgage company that is out of state,

people that have a mortgage company in Florida that live in Texas,

The assignment is from...it's from mortgage...

It's from mortgage...it's from Merz as nominee for Lehman Brothers to Aurora Loan.

and seen if they were claiming interest on your mortgage loan?

At mortgagecomplianceinvestigators.com.

So the certificate holders think that they have a properly secured mortgage-backed security when in fact they do not.

National City Mortgage.

National City Mortgage Company in 2003.

National City Mortgage Company changed its name to National City Mortgage Incorporated

National City Mortgage Incorporated, formerly known as National City Mortgage Company,

When I originally purchased the home, it was through Chase Mortgage.

And then I refinanced and that went to National City Mortgage.

So National City Mortgage Company, Inc., or Real Estate Services?

So yeah, here's a former body man teaching people about mortgage foreclosure prevention.

Let's say Mrs. Smith is getting bullied around by a mortgage servicer.

So the mortgage servicer doesn't want to take her payments and she's a little bit behind.

to look into your mortgage issues.

That licensed private investigator looked into your mortgage issues

Residential mortgage-backed securities pools.

A REMIX is a real estate mortgage investment conduit.

There are 10,000, usually 10,000 mortgages in each one of these REMIX,

insurance money out of an alleged creditor or mortgage servicer?

The thing about it is, is he up to date on his mortgage right now?

they paid $10,000, but the mortgage company only gave him $6,000.

The mortgage company.

there with the mortgage company.

She endorses it, sends it over to the mortgage company.

The mortgage company wants to know the contract, wants the social security number, the whole

mortgage company if we put your name on the check.

We didn't go to the mortgage company and they have a lien on the property.

The mortgage company put a lien on the property?

The thing about that storm that I had after I filed that claim on my home, the mortgage company decided that they didn't want to insure my home anymore,

That's basically what they did. It was between the insurance company and my mortgage company. It seems like they ganged up on me like, I don't know, like the mafia.

But no, the mortgage companies are supposed to release one-third at the beginning. It's not out of pocket and one-third somewhere in the middle and one-third at the completion.

I've dealt with one one time. I told the mortgage company, it was Chase, I said, that's not going to work. We're going to have to get special approval.

for the show on mortgages, and we will talk to y'all.

Is MERS included in your mortgage?

It's a mortgage state.

My bad. Is it a pass-through trust that's suing you or is it a mortgage company or a servicer?

they were not even the people that originally I signed the mortgage with.

You're saying that you were with an RMBS, Residential Mortgage Back Security.

Well, originally I was with IndyMac Mortgage.

You can, here's my email. You can send it to info, I-N-F-O, at mortgage, compliance, investigators.com, that's plural.

So my question is, because Illinois, this affidavit keeps coming up where they accept the copy of a mortgage along with an affidavit in Illinois.

And they said that Citi Mortgage was the servicer and that CBN National was the holder.

The trustee, I'm sorry, the trustee that my mortgage is being held in or was sold to.

Right, because they're the, they're claiming they're the servicer, Citi Mortgage.

One of the things that, again, I'm going to tell everybody, when you talk about your instruments, your mortgage is a contract.

So many people have a tendency to combine these and they talk about, I'm talking about my mortgage.

They're associating the word mortgage with mortgage loan, mortgage loan instrument.

It was info at mortgagecomplianceinvestigators.com.

be looking at somebody's mortgage and I'll have questions along those lines,

Florida being a judicial foreclosure state, they will usually put a copy of the mortgage

loan instrument, that is a copy of your note and a copy of your mortgage in as evidence.

than the entire instrument, the entire mortgage loan instrument is comprised of your tangible

promissory note, the mortgage tangible being your security instrument, which is an alternative

mortgage loan instrument.

So with that being said, if negotiation of your entire mortgage loan instrument did not

this to be part of a RIMIC, Real Estate Investment Mortgage Conduit, all right, pursuant to Title

MERS, Mortgage Electronic Registration Systems, on behalf of the lender as nominee, transfers

onto a mortgage, you know, all beneficial interest, and it probably even says together

This was not a recorded assignment of mortgage.

However, if you make those claims under the severability clause of the mortgage document,

party on your mortgage, I'd like to inform everybody that there's a big problem out here

mortgage or your securitization issues, if you did not get somebody, if there's somebody

You should look at everything in terms of that mortgage document.

Everything you need is in that mortgage document.

Did you appoint MERS when you signed the mortgage?

So what was negotiated to who and was the entire note negotiated so that the mortgage could follow it?

I would say that an interest of the mortgage loan instrument was sold because by stating that a

Now, this assignment of mortgage that was not recorded, and they presented to the judge

You really can do a whole seminar on this part, but in short, read that mortgage a couple of times

wherein you agreed that if you did not pay the mortgage in accordance with the stipulations on the note,

I was going to say also look at Covenant 16 of your mortgage.

So if they breach one on the note, then you can call that a breach of the deed of trust, of the mortgage.

Once the agreement has been fulfilled, however, just like the mortgage on a house, they were

obligated to return the mortgage document to the buyer so that no one else could get their hands on

That's why people used to hold mortgage burning parties. You pay off the house, you get the

mortgage, you invite friends and family over so they can all watch you throw it in the fire pit

So here you have the bank created the mortgage,

That is a grant. That's a mortgage.

In a mortgage, the property is transferred to the borrower, to the lender.

negotiating discounts on the payoffs with the mortgages with the banks, and buying the properties in the process.

The homeowners owed over $350,000 on their first and second mortgages.

where I have a very large map of mortgage issues.

And so the definition comes from a mortgage.

A bank lends $200,000 on a mortgage, and the homeowner pays on that mortgage for let's just say a couple of years, and then they end up in default.

And so in the negotiation process, when we go to the bank and ask the bank if they would be willing to give a discount on the mortgage,

they would be able to discount the mortgage in order for us to buy the property before it's taken to foreclosure.

So when somebody stops paying the mortgage,

how long it's been since they paid the mortgage.

Do they have one mortgage or two mortgages?

The balance is on the mortgages.

to see if the bank would be willing to do a short sale and short the mortgage,

Okay, if say I am in default on a loan, on a mortgage,

a bank is a lot more likely to offer a discounted rate on the mortgage

Another factor that plays into the foreclosure process is whether there's one mortgage

or two mortgages on the properties or more.

Conversely, if that same property has two mortgages

and the first mortgage is $300,000 and the second mortgage is $100,000,

If there's a $300,000 first mortgage and a $100,000 second mortgage,

the second mortgage lender will get $0 or they'll get $0 if it goes to auction

and becomes an REO if the first mortgage takes that property through the process.

The second mortgage company doesn't have a chance to get any money,

The first mortgage company now will take a bigger discount

Oh, so in effect, it may be an advantage to have the second mortgage situation.

because there has been an investor or group or somebody that has bought those mortgages.

If there's IRS liens or tax liens or if there's a second mortgage or a third mortgage,

This pays $150,000 or $200,000 upside down in their mortgage,

and they're not paying their mortgage and they have been living in the house for free for a year or two.

I learned of the fraudulence involved in the mortgages.

Okay, your Mississippi, is that a mortgage state or deed of trust state?

Then you may find an assignment of the mortgage.

Okay, who assigned the mortgage to who?

credit is not terrible yet, they just can't pay the mortgage part?

trust or the mortgage. We claim that the mortgage is void and invalid for a whole

Commission said we have these mortgage companies going into business creating

of some fraudulent mortgage because at that point once the bank transfers the

Most people don't qualify to get a mortgage to buy an investment property, so they need to learn how to raise the capital.

Come to find out, after they bought the property, they didn't buy the first mortgage.

They actually bought the second mortgage.

And the first mortgage is $100,000.

They paid the second mortgage company,

but now the first mortgage company comes to them and says, okay, well, now you owe us $100,000.

If I can have some additional reasons why the bank should accept our offer, meaning that, you know, there's some problems that we found with the mortgage.

because 760 is the demarcation between the best rates that you can possibly get for mortgages

Claim the remedy in the severability clause in your deed of trust or your mortgage.

My goal is that I want to sue my mortgage servicing company for all the money that I've spent to them,

Okay, hold on. What is the condition of your mortgage? Are you up to date at the present?

Well, the first thing that I have to make a determination as to whom was an interest of his mortgage loan instrument sold to.

The loan originated with National City Mortgages and that was sold to PNC, and then PNC tried to foreclose on me.

Joe, Steve, isn't National City Mortgage out of business?

National City Mortgage is out of business. They went out of business in 2009.

That should have National City Mortgage on it.

Yes, that was National City Mortgage, yes.

OK, do you have anything transferring National City Mortgage's interest to some other entity or purporting to make a transfer that is dated after National City Mortgage went out of business?

All that I got was a letter that basically stated that PNC was taking over National City Mortgage.

of paying a mortgage.

And the blank room represents Bank of America in which they told me that they cannot provide me with the original mortgage note

Right, all they did is make an assignment to your servicer. It's what's Fannie Mae. They do that automatically, because Fannie Mae only purchased an interest of your mortgage loan instrument.

And the security instrument, being either a deed, a trust or a mortgage with no debt to attach itself to because the decrease in value became a nullity.

So, what is the condition of your mortgage?

I got a mortgage from a local broker back in 2008 and they immediately sold it to Taliban and Whitaker.

And the lender kept the DOD in his name as the trustee on that deed, even after he sold the mortgage.

Then I had a bunch of people all claim that they owned my mortgage and I started sending out.

What is the condition of your mortgage at the moment?

Request in the form of a debt validation, and that would be to whoever your mortgage

However, when they sell an interest of your mortgage loan instrument, being the promise

But now when you go back to Carpenter versus Long in 1872, the mortgage cannot survive

So the minute the debt is gone, the mortgage cannot survive a moment.

Go to mortgagecomplianceinvestigators.com and when you're at the website, click on the

Mortgagecomplianceinvestigators.com.

And yes, you can just send an email to info at mortgagecomplianceinvestigators.com and

over again and there is covenants missing out of every copy of the mortgage that they

I am missing like covenants 15 through 18 in every single mortgage document and on top

of it, I reviewed my own mortgage documents, the copies that I signed at closing and they

The original lender was Bloomington Mortgage.

it in the order that it went like Bloomington Mortgage originated loan, it went to Citibank

I have one I just looked at where there was an original mortgagee, a mortgageor and then

to Washington Mutual Bank, as successor in interest to North Beach Mortgage or something.

Well, there is a mortgage.

There had to be a transfer from North Beach Mortgage to Washington Mutual and then from

City Mortgage going to Citibank and then from Citibank going to Nation Star.

Wait, Steve, is City Mortgage out of business?

Yeah, I have a copy of the note and the mortgage.

Assignment, woman to mortgage to city mortgage.

So yeah, I don't actually see that here, I'm looking at the mortgage and the note.

Wait, pay to the order of city mortgage incorporated without recourse.

All right, so now when it says pay to the order of city mortgage, so city mortgage is

City mortgage was the original lender?

City mortgage was the intermediary assignee.

That was Wilmington mortgage.

Wilmington would have negotiated to city mortgage and then city mortgage to Jake, to someone

I thought city mortgage was original.

Because each one of those parts I've named represents a portion of the mortgage loan instrument.

What is the condition of your mortgage?

The condition of my mortgage is I'm not paying it.

But since that page is missing, they wouldn't do anything. What was assigned? If you're saying that something was assigned or something was negotiated, keep in mind that in contract law, any instrument that is, or any of several instruments that are signed at the same time for the same purpose, this being signed at the same time for the same purpose on closing day for the mortgage,

Right, because again, within the Covenant 20, that was telling what was going to be done. So Covenant 20 being in most mortgages, conventional mortgages, Covenant 20 would be the 16 is the governing law and severability, 20 is the sale of note.

I've got legal mortgage foreclosure.

Legal and mortgage foreclosure in the same sentence?

What is the state of your mortgage now?

and my dad's mortgage company that he was dealing with forced him into bankruptcy.

and I just started learning about all the pass-through mortgage certificates

And wouldn't you know, the house that I had was through a Truman Mortgage Loan Trust 2002

Is Indiana a mortgage state or a deed of trust state?

Okay. So you're a judicial state. That's a mortgage state.

The only way they can execute a foreclosure is by exercising a privilege granted in the mortgage.

And here I'm going to call the mortgage document a security instrument before Joe back there jumps on me

and reminds me that the mortgage consists of a warranty deed, a note, and a security instrument.

The security instrument, while it has the name mortgage on it in this case,

So you go back and look at the mortgage.

Did the lender breach any covenant of the mortgage?

Sometimes mortgages are different in deed of trust, but you will have a severability clause.

If there is an assignment of mortgage to a different entity, who did the assignment?

but it doesn't have the mortgage attached to it either.

Okay, exhibit list here states complaint for closure to mortgage.

It says attached exhibit A is a copy to mortgage

had purchased an interest of your mortgage loan instrument.

They're claiming an interest of your mortgage loan instrument.

You start with the mortgage and then you go to any assignments or appointments

The original, it's called Starlight Mortgage Company,

This Starlight mortgage company, is it still in existence?

We have a case here in Texas where Chase and Chase Home Mortgage,

Chase Home Mortgage held the Deed of Trust.

Well, Chase Home Mortgage is a wholly owned subsidiary.

Chase Home Mortgage would have had to transfer the security instrument to you

Remember earlier I said that there are three documents that make up the mortgage.

Well, actually the warranty deed is kind of separate from the mortgage loan instrument,

the mortgage loan instrument consisting of the negotiable instrument

of the mortgage loan instrument.

is a breach of a covenant of the deed of trust or mortgage

because of that, you know, mortgage instrument,

mortgage is, you know, when it was created,

You might get enough from him to pay off the mortgage.

that approximately 85% of the businesses that they audit are mortgage origination.

Originally, Crest Star Mortgage. You know, it was a Fannie Mae, originally, you know, and Crest Star.

The assignment. The original deed of trust has the name Crest Star Mortgage on it.

But it's—the first was Crest Star Mortgage is on there.

Did Crest Star Mortgage assign the deed of trust to someone else?

Yeah. They've got a four hour show on mortgages tomorrow, Mike.

Mortgages. Yes. I was going to ask you, I live here in San Diego and I'm 25 miles from the border and we have a checkpoint here.

Okay, is Pennsylvania, Pennsylvania is a mortgage state, right?

Mac Uniform Mortgage Instruments, you can get on the site.

Now, the lender is the one that would normally in a mortgage hold legal title.

And while they're doing that, then I file for title of mortgage, or is that what you're

If you don't get it on the mortgage, I'm sorry, I said deed of trust, I meant mortgage.

If you don't get it on the mortgage, then you go to an assignment or an appointment

If you can show they didn't give you that notice, they defaulted on the mortgage.

The mortgage grants a privilege to the lender with restrictions.

And I don't know how much you know about the mortgage industry for the last 15 years or

mortgages to investment funds.

The note was round whole square peg, it did not fit because residential mortgages had

EverBank mortgage is the one that's given notice of intent to foreclose.

EverBank mortgage is not EverBank.

the security instrument from EverBank to EverBank mortgage.

they left out mortgage company.

They did not transfer it to EverBank mortgage.

In 2007, I took out a supposed mortgage with First Franklin Bank.

Have someone other than the name on the deed of trust or mortgage so they won't know which one to fabricate.

Again, keep in mind that mortgage.

That mortgage grants a privilege to the lender of a confessed claim against the property

Did you have a mortgage or deed of trust filed in the record?

It's mortgage.

So it's a mortgage.

Now, another question I have is on the original mortgage that they submitted as evidence,

Your min number should be on the right-hand side of the first page of the deed of trust or mortgage.

Yeah, he did have a mortgage on it though.

Was the mortgage foreclosed? That changes everything.

The bank foreclosed on me that I had mortgaged with, but somewhere in it I guess they're saying that at the sheriff's sale that Fannie Mae got it.

I sent documents and what was recorded at the county recorder's house and my mortgage and when the foreclosure was.

So good chance your mortgage was securitized.

The company, the original mortgage holder, I guess sold the mortgage to another company

Why did he put in that a alleged default on a mortgage occurred on this date?

We're talking about the default on the original mortgage.

taking long term indebtedness and matching it to long term investments, residential mortgages

mortgages had reporting requirements that was not conducive to this scheme so they tried

understand it, the trustee who does the trustee sale, now you're in a mortgage state, we're

security instrument, the mortgage document to some other party, he abandoned it, there

is no mortgage document, now there's still a note, but the mortgage document is the one

at them, had they sold a beneficial interest in the note before they filed the mortgage

with the county recorder's office, if they did when they filed the mortgage they had

no claim so the mortgage is fraudulent, is void and unenforceable, did they fail to give

they accuse you of default for not paying the mortgage, well they've already defaulted

We have a long-term indebtedness mated with a long-term investment, residential mortgage

mortgage if you're in a non-judicial state, and I think Wisconsin's kind of splits the

But they have a mortgage, and the mortgage in the loan, in the whole mortgage itself,

And if you're in a non-judicial state, that security instrument is called a mortgage document.

All three of these documents constitute the mortgage.

We only go to securitization after we've danced through that mortgage.

corporate assignment of mortgage to another entity filed in the county records?

They did that back in 2007 when we first got the mortgage, they did it with the county

They do spell it out pretty clearly about the separation of the note and the mortgage.

So that's not the issue, the separation of the note and the mortgage.

They need it to foreclose because they have forced you to purchase mortgage insurance.

And they will file that with the IRS as a real estate mortgage investment conduit

The first one will have a mortgage insurance on it

Why 15%? Because if the note forecloses, the private mortgage insurance or the derivative will pay off 80% of the principal

to say we have especially florida florida is a uh mortgage i mean mortgage state it's a so

in this case on the mortgage document on the security instrument and we claim this problem

I know there's no mortgage attached to it, if you're sharing a time with several other

So I do documents on mortgage issues, and I start out with an evaluation of the county

to with the mortgages with the third party lenders and the best way to address that if

you're not in the state of default but you have a mortgage out there, is there anything

If you're up to date on your mortgage, and you want to hammer the banks, get your HUD

They went to these people who were for the most part in mortgages they could afford,

They created this securitization scheme where they would take residential mortgages,

The problem is round whole square peg, residential mortgages had reporting requirements that made it not work for securities investing.

The mortgage is filed.

The title company never sent me a copy of the mortgage.

I got the warranty deed, but I didn't get the mortgage at all.

And I have a document from the title company that has checkmark boxes and only the warranty deed is checked, not the mortgage.

mortgagee's notice of default and intention to sell.

I would say there's a large chance that an interest of your mortgage loan instrument being the payment and tangible obligation

Otherwise, the assignment would have gone to a named party being a trustee of a trust for an RMBS, residential mortgage-backed security.

And if MERS is even remotely, that's mortgage electronic registration system.

Info at mortgagecomplianceinvestigators.com.

They didn't own the real value in those mortgages.

They did not sell the mortgage loan instrument being the tangible promissory note, the security instrument that attaches itself to the intangible obligation, and the intangible obligation, which is the promise to pay.

And if I might be permitted a moment of shameless self-promotion, I have taken upon myself the liberty of separating each state and gathering all of the laws that would touch a mortgage or foreclosure or secured instruments and put them all in one place.

I had a Wachovia mortgage originally.

So when I look in my recorder of deeds and I look at the original title there, the mortgage signed, it was with Wachovia.

Wells Fargo didn't do an assignment of the mortgage until two years after they picked it up from Wachovia.

What I discovered was in our, we discussed this before, my home mortgage insurance lists and gives me a copy of who the mortgagee is at the time of my insurance payment.

So I'm aware of who is the mortgagee.

In case I file an insurance claim over $8,000, it has to go to the mortgagee to be, to give me the okay to make that claim.

Here's a real cool thing that Chris did by going to the mortgage insurance company and getting the names of the beneficiaries of the insurance is when the lender comes to the table to foreclose and he puts down his chain of title.

Because if Randy's, Randy Kelton's mortgage company was listed as the original lender and Randy sold it to Chase, and then Chase went to the window of Fannie Mae and sold this intangible obligation.

No, no. You call mortgage compliance investigators and we do a trust search.

You can make the note whole, you can't make the mortgage whole.

No, you can't make the mortgage whole.

for the mortgage in Pennsylvania, a deed of trust state or mortgage state?

Mortgage.

remember the security instrument, the mortgage,

And what's nice is in BK court, if you're in a state with a mortgage,

Something I do admire about all of these mortgage servicers in the wake of the foreclosure crisis, mortgage crisis,

Counterfeiting goes to United States securities, and mortgages are not in that realm.

No, counterfeiting goes specifically to United States securities, and your mortgage is not considered to United States security.

The security instrument, be it the mortgage document or the deed of trust, pretty much prescribes the behavior of the borrower.

So when they say we transfer all beneficial interests in a mortgage together with the note and all beneficial interests, again, what did they assign?

Mary, we can't hear you. Yeah, you're starting to your phone is cutting out. But call back in tomorrow night. Joe and Hector, we're sorry we ran out of time. It looked like y'all had mortgage questions.

Call back in tomorrow night. Tomorrow night is the four hour info marathon with Randy and Steve on mortgages mainly.

and these banks and the mortgage, you know, these mortgage fraud people,

can't grant the deed of trust or the security instrument or the mortgage,

break that the mortgage servicers declare, it's only a payment stream

It's just mortgage insurance, the easy way to explain it.

And then the banks are going to turn around using their mortgage servicers,

because a lot of these mortgage servicers used to be subsidiary of the big

So if you have a mortgage, you're behind on the mortgage, it was planned that

you'd be behind on the mortgage.

particularly if you have Title 20 in the mortgage deed of trust,

He wasn't talking about mortgage. He was talking about health insurance.

Okay, the Texas Supreme Court argument is up and you can find that at Sims if you'll do an internet search for Sims et al v. Carrington Mortgage Service.

What the Supreme Court decided was that anytime there is a mortgage, this case was over a home equity loan, anytime there's a mortgage, the borrower must be brought to the table.

So, if somebody is signing over power of attorney for another individual to sign off on a HELOC or a mortgage modification, they're not being made aware of everything that's going on.

Absolutely. Yes, there's hundreds, literally hundreds of thousands of mortgages on the line here.

Now, I was looking, researching this yesterday, and I came across a spot where if an assignment of mortgage is done while,

or cannot be done while a mortgage is in foreclosure, is that correct?

Okay. You have a mortgage. You have a warranty deed and a mortgage.

When I start through them, the first thing I look at is, okay, when was the mortgage dip done?

if it's one of these small mortgage companies and see if the lender is still in business.

You look in the footer on the deed of trust, I mean, the mortgage, and it will say if it's an FHA loan.

In Chris's case, his security instrument is called a mortgage.

So it's not, you don't have a confusion between mortgage and deed of trust because back up before that,

a mortgage in every state is the note, the warranty deed, and the security instrument.

The whole group is a mortgage.

And if you're in a judicial state, the security instrument is also called a mortgage.

They keep the note and the deed of trust or the mortgage, and they sell the right to collect the income stream.

and filed with the Internal Revenue Service as a real estate mortgage investment conduit.

National City Mortgage.

Is there a transfer of the, an assignment of the deed of the mortgage to another company?

Is the assignment made by National City Mortgage?

To National City Mortgage.

National City Mortgage is assigned to National City Mortgage.

The chain in National City Mortgage, it started out National City Mortgage Company.

They changed their name to National City Mortgage Incorporated, who merged with National City Real Estate Services, LLC,

I'm trying to ask for a specific date because national city mortgage does not exist anymore,

The mortgage had a legal description, and it had the address of the property.

she never paid a penny toward the home in doing anything with the house or toward the mortgage.

Oh, she's on the mortgage as well, this thinker.

Let's see, no, they say on the creditors, it's Indy Mac Mortgage Services, a division

of One West Bank, and then on the acquisition or abandonment, it's the same, Indy Mac Mortgage

Services, and as the lender, it also says Indy Mac Mortgage Servicer, a division of

They put HSBC in here at the end, who never even recorded the assignment of mortgage.

to take the real estate, the residential mortgages,

and invest those into our mortgages.

Well, we have these mortgages that are 30-year commitments.

that we take the residential mortgages and sell them,

Say you have a property that you have a mortgage on,

residential mortgages and turn them into securities.

When you enter into a residential mortgage agreement,

and a security instrument, mortgage or deed of trust, depending on the state you're in.

The mortgage or deed of trust secures the payment on the promissory note.

by a filing in the county record, and by the security instrument, the mortgage or deed of trust.

The security instrument, the mortgage or deed of trust, requires that all of these notices be given by certified mail.

The mortgage was issued August the 5th.

They also gave me a first and a second mortgage on closing day.

A first and a second mortgage is a prescription for disaster.

I went to closing to get it because I qualified for 100% mortgage.

You qualified for 100% mortgage and they wrote you an 80-20?

I was supposed to get 100% mortgage for the house itself

and then an additional second mortgage to finish the swimming pool,

I realized what they had given me was an 80% loan for the first mortgage

and a 20% loan for the second mortgage.

Both mortgages were applied to only the purchase of the house at $170,000.

Well, what happens in Pennsylvania is the mortgage is still there with a lien on it.

So even though the debt was disputed and the bankruptcy filed and we now have zero debt, the bank is claiming that they have a right to foreclose based on the lien on the mortgage.

Okay. And your argument is that they can only foreclose on the mortgage if there is a default.

The bank's claiming they're the servicer even though they have a mortgage of assignment recorded in the recorder of deeds office.

Two of those documents were a note and a mortgage or deed of trust.

These two instruments together make your mortgage loan instrument.

So that when they took that note and pulled it into a real estate mortgage investment conduit

where we have people request the beneficiaries on the mortgage insurance.

without the three other banks who were mortgagees over the last seven years being attached an Alange.

trust or a appointment of substitute trustee or an assignment of mortgage. If I

do a, for instance, an assignment of mortgage, then, okay, that is a problem. I'd have to see

We fought all the time about mortgage, how I wanted to fight the foreclosure, how he

Then it went to Carrington mortgage servicing.

He sent a request to the mortgage insurance carrier.

If you're paying for mortgage insurance on the property, you need to send a request to

the mortgage insurance carrier for a complete list of all entities named as beneficiaries

filed and in order to be properly filed, Fremont Mortgage would have had to have transferred

the security instrument to the next party claiming to hold it because Fremont Mortgage was named in

You get a loan and Joe Blow Mortgage Company gives you the loan

And you'll be amazed at how many Joe Blow Mortgage Companies go out of business

And all these mortgage companies going out of business

The banks set up the mortgage company

The mortgage company would sell you the predatory high profit loan

And then the mortgage company would just bankrupt, go out of business and start another one

But it did tell me to look and see if the mortgage company went out of business

Because the mortgage company is generally a corporation or an LLC

For your residential mortgage needs, call Dorothy at 512-343-6494 or apply online at

For your residential mortgage needs, call Dorothy at 512-343-6494

For your residential mortgage needs, call Dorothy at 512-343-6494 or apply online at

For your residential mortgage needs, call Dorothy at 512-343-6494 or apply online at calledorothy.com, NMLS 216624.

in the records of a property wherein there is a mortgage by, say, American Mortgage Company.

American Mortgage Company is shown in the record to hold a claim against this property.

You eliminate their claim under the deed of trust or under the mortgage.

and I seen the guy who signed my mortgage was Tom Croft.

When I went down and looked at assignments, my first mortgage company was Fremont, and then that was back in 2005.

Is it Fremont Investments, Fremont Home Loan Trust, Fremont Mortgage?

If you have Fremont Mortgage as a wholly owned subsidiary of Fremont Bank,

and Fremont Bank is expressing the deed of trust, they can't do that if Fremont Mortgage didn't transfer it to Fremont Bank.

I've got a private mortgage on the property that I bought, and this was in December 1991.

when they executed this mortgage with me.

Yeah, because they were dissolved back in 1990, and they executed the mortgage with

Well, because I wasn't paying the mortgage.

We have both mortgages and deeds of trust.

Now you can write off the alleged debt obligation. Goodbye, mortgage.

And from Dorothy Erminger at Capstar Lending, for your residential mortgage needs, call

For your residential mortgage needs, call Dorothy at 512-343-6494 or online at calledorthy.com.

For your residential mortgage needs, call Dorothy at 512-343-6494

that an interest of your mortgage loan instrument, being the payment tangible obligation,

Otherwise, the assignment would have gone to a named party being a trustee of a trust for an RMBS, Residential Mortgage-backed Security.

That's mortgage electronic registration system.

Erminger at cap star lending for your residential mortgage needs call Dorothy at five one two three four three six four nine four or

Dorothy Erminger at Cap Star Lending. For your residential mortgage needs, call Dorothy

Sure, info at mortgagecomplianceinvestigators.com

They didn't own the real value in those mortgages

They did not sell the mortgage loan instrument being the tangible promissory note

and gathering all of the laws that would touch a mortgage or foreclosure or secured instruments and put them all in one place

The other, just to state an issue here, I had a, I've discussed this with Randy before, I had a Wachovia mortgage originally

And it went back to Wachovia. So when I look in my recorder of deeds and I look at the original title, the mortgage signed, it was with Wachovia

Wells Fargo didn't do an assignment of the mortgage until two years after they picked it up from Wachovia

What I discovered was in our, we discussed this before, my home mortgage insurance lists and gives me a copy of who the mortgagee is at the time of my insurance payment

So I'm aware of who is the mortgagee in case I file an insurance claim over $8,000, it has to go to the mortgagee to be, to give me the okay to make that claim

There's a real cool thing that Chris did by going to the mortgage insurance company and getting the names of the beneficiaries of the insurance

Because if Randy Kellen's mortgage company was listed as the original lender and Randy sold it to Chase, and then Chase went to the window of Fannie Mae and sold this intangible obligation

No, you call mortgage compliance investigators, and we do a trust search

You can make the note whole, you can't make the mortgage whole.

No, you can't make the mortgage whole.

or the mortgage in Pennsylvania, a deed of trust state or mortgage state.

Mortgage.

the mortgage, cannot survive a moment without the debt.

And what's nice is in BK court, all right, if you're in a state with a mortgage, if they're

these mortgage servicers in the wake of the foreclosure crisis, mortgage crisis, is they

Counterfeiting goes to United States securities, and mortgages are not in that realm.

Counterfeiting goes specifically to United States securities, and your mortgage is not

security instrument, be it the mortgage document or the deed of trust, pretty much prescribes

interests and a mortgage together with the non-beneficial interest, again, what did they

Every time I have pulled out the HUD-1 settlement statement for someone who was in foreclosure but had been in the mortgage industry

And I'm with Mortgage Compliance Investigators, and we're licensed by DPS through the state

And that is one of the benefits of working with Mortgage Compliance Investigators is that

you've had a change of mortgage servicers, not necessarily a change in the real party

whether it be an assignment of deed of trust, an assignment of mortgage?

Now, dependent on the disposition of your mortgage, this kind of prefaces what type of action someone might seek.

Number one, you won't have a mortgage. You'll have a deed of trust on your security.

Your security instrument will be titled mortgage.

mortgagee, but that's in the definition section.

assigns, and then it says Merge is the mortgagee.

Well, mortgagee in this context cannot mean what we normally mean by the term

mortgagee.

It's clear by the definition that mortgagee in this instance means agent for

to patenting your property. If there's been a mortgage in the chain of title,

mortgage in a foreclosure? No, but it makes it much more difficult

They're going to, if you fall delinquent on your mortgage, they're going to come in and say,

required assignments of mortgage in the county records, that's violation of state law.

That goes to default. They agreed in covenant 16. Keep in mind, you didn't write this mortgage.

And yes, the land patent in no way interferes with your right to contract and your mortgage

said that they communicated by mail with one of the employees from the mortgage company.

This is a change in the mortgage servicer, not necessarily a change in the actual creditor.

Question, when did you enter into this mortgage agreement?

RMC Vanguard Mortgage Corporation is the lender on the deed of trust.

That probably means they're a relatively small mortgage company and they're almost certainly

a mortgage company set up by the banks so that they could generate these loans and then

In the intangible world, with the e-notes, the e-mortgages, everything is done with the

And see who is claiming to own an interest of your mortgage loan instrument.

Mortgage loan instrument consists of two instruments, your negotiable instrument and your security

to see who had been named on the insurance, on the mortgage insurance policy as a beneficiary.

Chris, if you feel that there's something wrong with your mortgage, send me an email

And, Ron, I can share this with you is that this is Joe Esquivel with Mortgage Compliance Investigators.

Mortgage Electronic Registration System is a creation of five major lenders.

First off, the HOA fees are directly integrated into your mortgage contract as far as you accepting that there will be some.

You have a mortgage contract that says in order to purchase this property as a term of the contract, you must accept HOA regulations and fees.

Well, on the mortgage contract, no. When I read the contract, I read the subdivision homeowners rules.

And there's nothing in your mortgage contract whatsoever that requires you to maintain the property as a member of that or any other HOA?

It's like a credit card bill or any other bill. Your original contract was 200. If they raise it, you have a right to get out if it's not in your homeowners, you know, on your mortgage contract.

These guys claim that National Federal Mortgage, whatever, Federal Home Loan Mortgage Company purchased the property in 2008, had a foreclosure sale, paid $47,000 for it.

In 2013, Nation Star, who has nothing to do with this, it was an American mortgage company, initiated the original loan, never made an assignment to anybody.

Then somehow Nation Star comes along as the mortgagee in 2013.

The substitute trustee said that Northern Star Mortgage was the mortgagee and servicer of the property.

We don't know if Northern Star Mortgage has anything to do with this.

We don't know if Northern Star Mortgage was even involved in this.

Also, adapted to the document was an affidavit by a different person who worked for a certain law firm whose name I won't mention and swore on her oath that she examined the records of this law firm and that Northern Star Mortgage Company was the mortgagee for this property and blah, blah, blah.

Claiming that federal mortgage was plaintiff and he was the lawyer representing the plaintiffs. Well, we don't know federal mortgage had anything to do with any of this.

We only know that trustee named federal mortgage and that this lawyer named federal mortgage.

So we don't know if the federal mortgage or mortgage star, we don't know if they had anything to do with it. The trustee, David and the lawyer who filed the unlawful detainer and the judge who issued the unlawful detainer.

Okay, when I say original lender, I'm talking about the last mortgage document.

assigning the note and mortgage to some other party?

for Nation Star and sold the property to Federal Home Loan Mortgage Company.

That's where we invalidate the documents because he's in a mortgage state, right?

The current plaintiff of what I was just served in the mail is NationStar Mortgage LLC.

Okay. The only thing in record, and I just wanted to say this first, but yes there is an assignment of mortgage where it goes and then transfers that over.

Basically what has happened, Jonathan, is that they have assigned your mortgage to these servicers, what they are claiming, all right?

And automatically what that's telling me is an interest of your mortgage loan instrument was sold-

When you say original lender, is that who owns the mortgage now or who originally-

Well, what about these guys here that accrued some interest in these in this contract but was never noticed in the record as required by Covenant 16 of the mortgage?

Sure, Jonathan. Basically, just by what you've already said, I would take it that the odds are that an interest of your mortgage loan instrument has been sold to a GSE.

Okay. On your mortgage, it would say FHA and then it's a case number and the right hand side right up right above paragraph one.

All right. So basically, the odds are that an interest of your mortgage loan instrument has been sold to either Fannie Mae Freddie Mac or Ginny Mae.

Now, that being said, an interest, your entire mortgage loan instrument, which is comprised of the tangible promissory note, your mortgage being the security instrument,

That is your entire mortgage loan instrument.

you with one of our favorite friends, Mortgage Electronic Registration Systems, aka MERS.

any time a mortgage changes hands, that transfer is supposed to be reflected in the county

If I drove by a house that had a MERS mortgage, and I wanted to make somebody an offer on

Mortgage Electronic Registration Systems, Incorporated, all right?

the Mortgage Bankers Association, was putting together an interagency technology task force

You had Phyllis Schlesinger, and she was with the Mortgage Bankers Association.

You had Daniel McLaughlin, and he was with the Mortgage Bankers Association.

who was with the Mortgage Bankers Association.

It is not a direct obligation of an underlying real property mortgage loan, okay?

equivalent, but it is only used in the electronic world of e-mortgages.

So when we step back and we start taking a look at electronic notes, electronic mortgages,

all right, an e-mortgage.

An e-mortgage is a copy of the tangible contract that evidences an alternative means of collection

The definition of the Mortgage Bankers Association, they were quoted as saying, we define an e-mortgage

as, quote, a mortgage where the critical loan documentation at a minimum, the promissory

stored electronically and stored electronically, aka the paperless mortgage, okay?

to page 12 of the Freddie Mac e-mortgage guide version 2.0, it states, the servicer-seller

warranties in this e-mortgage guide, including, without limitation, that any e-note sold to

If we were to go to page five of the guide to delivering e-mortgages to Fannie Mae, version

requirements necessary to create valid and enforceable mortgage obligations.

necessary to create valid and enforceable mortgage obligations.

Mortgages must be recorded in the public land records.

of mortgage.

Now, if you are named into public record for the mortgage, the deed of trust, or if you're

What I see, the mortgage crisis, if you want to call it that, or the foreclosure crisis,

Since the plaintiff has sued themself as an assignee of the mortgage, they somehow must serve themselves in the state of New Jersey.

It didn't match the original paperwork and also changed from the type of mortgage that

because when we think about a mortgage issue, we tend to pick up the issues that the other side throws at us.

I-N-F-O, at mortgagecomplianceinvestigators.com.

Mortgage Compliance Investigators?

It says the fraud in this case began on June 1, 2005, when the defendant was led to believe they received a loan from FGC Commercial Mortgage Finance, DAB Fremont Mortgage Excessor Assigned.

The mortgage dates in small print, mirrors as mortgage under security instrument.

The plaintiff, Dutch Bank National Trust Company, is trustee for Canada Mortgage Service and Loan Series 2005, FRE1, Factuse Affiliations, filed suit on July 10, 2012, claiming they hold a note of mortgage by virtue of an assignment of mortgage recorded May 26, 2011.

My original lender was FGC Commercial Mortgage Finance. They're out of business. They call their numbers. It's a cruise line now.

plaintiff has sued FTC Commercial Mortgage Finance, DAP Fremont, its successor or assignee.

Plaintiff came to be its successor and assignee of Merge by virtue of assignment of mortgage recorded on May 26, 2011.

But I plead in that the assignment of mortgage makes plaintiff holder of the mortgage plaintiff has sued themselves.

By pleading that assignment of the mortgage makes the plaintiff the holder of the mortgage plaintiff has sued themselves.

It says by pleading that the assignment of mortgage makes the plaintiff the holder of the mortgage plaintiff has sued themselves.

Well, I guess you're saying Carrington has sued FTC, Commercial Mortgage Finance, and DBFremont Mortgage, a successor assignee.

Plaintiff claims to be successor and assignee of mortgage by virtue of assignment of mortgage recorded on May 26, 2011.

And it says by pleading that assignment of mortgage, mortgage makes plaintiff the holder of the mortgage plaintiff has sued themselves.

Because I guess it says Carrington sued them. It says in a complaint, plaintiff have sued FTC, Commercial Mortgage Finance, DBFremont Mortgage, a successor and assignee.

Plaintiff claims to be a successor and assignee of mortgage by virtue of assignment recorded on May 26, 2011.

The fraud in this case began on June 1, 2005 when the defendant was alleged to believe they were receiving a loan from FTC, Commercial Mortgage Finance, DBFremont Mortgage, a successor and assignee.

The mortgage stays in small print mares and mortgage under the security instrument.

The plaintiff Dutch Bank National Trust Company has trusted for creating a mortgage loan trust series 2005 back through certification on July 10, 2012, claiming they hold the note mortgaged by virtue of assignment on mortgage recorded May 26, 2011.

In their complaint, plaintiff has sued FTC Commercial Mortgage Finance and DBFremont, its successor and assignee.

Plaintiff claims to be successor and assignee of this mortgage by virtue of assignment of mortgage recorded on May 26, 2011.

By pleading that the assignment mortgage makes plaintiff the holder of the mortgage plaintiff has sued themself. They're both plaintiff and defendant in this case.

Yeah. FTC Commercial Mortgage Finance. Yeah. They're both the same. It's like the same companies. It was FTC Commercial Mortgage Finance, DAB Fremont Mortgage.

Yeah. They kind of signed the mortgage to themselves, I guess. It seems like one securitized it and they sold it to their selves again, I guess. I don't know.

Okay. These two different names, FTC and Fremont Mortgage are two different companies unless one is doing business as the other.

For your residential mortgage needs, call Dorothy, 512-343-6494,

estate and mortgages, just another simple question, but I'll wait until tomorrow to

And the federal home loan mortgage corporation under Texas law had two years

For your residential mortgage needs, call Dorothy, 512-343-6494, or apply online at

So for someone to make a document that purports to transfer a beneficial interest in a deed of trust or a beneficial interest in a security deed or beneficial interest in a mortgage,

The ruling, the primary case in Texas was Chase Bank National Association did a foreclosure, but the servicer and the holder of the claim as registered in the county records was Chase Bank Mortgage Company.

Chase Bank Mortgage something, I forget what the other word was.

And the court said that, yes, Chase Bank Mortgage Company is a wholly owned subsidiary of Chase Bank NA.

But Chase Bank Mortgage Company is not Chase Bank NA.

So in order for Chase Bank NA to foreclose, Chase Bank Mortgage Company would have had to have filed in the record an assignment from them to Chase Bank NA.

The assignment of mortgage that was done in 2010 to Bank of New York Mellon from MERS.

In 2005, we took out a mortgage or a loan and executed the deed of trust to a place here in Texas called BSM Financial.

In 2011, the BSM assigned the mortgage and the note to Bank of New York Mellon, and it is recorded in the...

If you look at an assignment, if it says that MERS is acting as the mortgagee and doing a transfer to this company and it doesn't name the original,

Again, a partial interest of your mortgage loan instrument was sold to a remake.

Before you, you know, a lot of people, you know, they get in a mortgage situation and they want to go in there and do something.

which is an interest of your mortgage loan instrument.

Now, an interest of your mortgage loan instrument is just as I am describing, an interest of, right, a partial interest.

and I came across World Savings and Wachovia bouncing my mortgage back and forth with Indy Mac,

and actually before they did that, they became Wachovia Mortgage FSB,

So what now can we have Wachovia Mortgage FSB?

Wachovia Mortgage FSB is what World Savings Bank FSB became.

FSB to Wachovia and it became Wachovia Mortgage FSB.

We were discussing about the mortgage and how on my mortgage,

the reason we researched this was because on my mortgage, I can't find any information from the bank

And all of the toxic mortgage-backed securities were bought by the feds

So, as they took the mortgage-backed securities back, they dumped them all on Fannie Mae's lap

and let Fannie Mae decide who gets what and how they're going to purportedly take these mortgages

It was Wachovia Mortgage Corp.

Well, that was based on the fact that my mortgage document was a Fannie Mae loan.

if an asset of your mortgage loan instrument was sold to Fannie Mae or if you were in a World Savings Bank remake?

as soon as Wachovia took the mortgage and we signed the paperwork.

That would almost ensure that no entity attempting to foreclose on a World Savings or Wachovia mortgage would be able to track its standing.

Well, if Wachovia issued the mortgage…

…how did the value in the security instrument, the note, and the mortgage get transferred to whoever it is that's trying to do the foreclosure sale?

The question, I understand that once his mortgage loan instrument,

your mortgage or your deed of trust can no longer attach itself to the debt.

and when Wells Fargo actually took over my mortgage, reported on those paperwork,

the entity that held my mortgage was actually Wachovia Mortgage FSB

and not for whom was stated in any of the other paperwork, which was Wachovia Mortgage Corporation,

If I was to make the assignment from Wachovia Mortgage Corporation and then make it to Wachovia Mortgage FSB,

But what we run into is the problem where the mortgage still incurs what they say is the lien, which I'm not understanding.

So as far as the bank coming at you and the bank is going to claim that we have a valid mortgage.

The only way or one of the ways that you would have to do is that you would have to go back and see was an interest of my mortgage loan instrument being claimed by any other party other than the original lender.

and then would go back into and see was an interest of this mortgage loan instrument sold, and if so, to whom?

For your residential mortgage needs, call Dorothy, 512-343-6494, or apply online at

Oh, hi. I got a couple questions. I ran into problems with Nation Star also, but I fell into default last year on my mortgage. It was with Bank of America.

Well, it was just like a warning, but they called it a default notice. But then after I fell two months in arrears, past two months in arrears, they assigned the mortgage to Nation Star.

And then after I fell three months in arrears, Nation Star sent me another default, but this time they accelerated the mortgage and that type of thing.

So my question is, which one is the real default? Because if Nation Star took over the mortgage after I was already two months in default, I heard that they cannot be considered a creditor or a plaintiff.

You're in Illinois, it would be the mortgage documents.

Yes, that makes sense, but I may have got, it was a Maersk mortgage,

The assignment of a mortgage to Nascent Star came from my former servicer,

I was fined a mortgage.

Chris earlier when he told about sending a request to his mortgage insurance carrier

Well, I ended up doing a reverse mortgage for my mother back in late 2011,

That was a great deal for the reverse mortgage company.

That was a great deal for the reverse mortgage company.

And this is a reverse mortgage. I wouldn't think they had to foreclose on a reverse mortgage.

How did they claim a foreclosure if they had a reverse mortgage?

Reverse mortgage should have given them the ownership of the property once your mother passed away.

And this really goes to, I'm not really familiar with how a reverse mortgage works.

Okay, I haven't seen the documents that are filed in a reverse mortgage.

If they had a contract in a reverse mortgage, then weren't they within the confines of the contract?

Were you a party to the mortgage?

Yeah, I'm trying to figure out how the quit claim deed gets past the reverse mortgage deed and the reverse mortgage contract.

For your residential mortgage needs, call Dorothy at 512-343-6494 or apply online at calledorothy.com.

And from Dorothy Erminger at Capstar Lending, for your residential mortgage needs,

I have a woman in North Carolina that has a mortgage issue, but I will check.

So what they did was they had sold the property to federal mortgage, I forget, to Fannie Mae.

because the Federal Home Mortgage Association, whatever,

or are now sitting at home with this comfortable new mortgage payment

why would a state create a program to work hand in hand with the mortgagee

or the person who's supposed to be the mortgagee?

Is it the mortgagee or is it the person who holds the note?

and filed as a real estate mortgage investment conduit,

They can't claim the mortgage insurance and all of those derivative policies they bought on these things.

Well, all that being said, you're looking at a percentage margin of maybe 3% of all the mortgages out there.

And yet the bank is the one providing me with a mortgage modification.

In the terms of my 30-year fixed rate 6% mortgage turning into a 40-year 6% mortgage at $500 more than I'm paying now.

You take a very difficult to pay mortgage premium and convert it into an impossible to pay mortgage premium.

And the scenario just is too overwhelming to think that you're paying your mortgage on time

And in that inquiry, the bank who doesn't even have an assignment to your mortgage isn't even a part of your banking system yet

Well, the bank isn't my mortgagee.

And now the bank says, okay, well, we couldn't give you a modification because you were not late with your mortgage payment and haven't been.

Well, the letter we got from the bank after the inquiry was we cannot give you a modification because you are not late with your mortgage payments and never have been.

The HART program, it says nothing about being late on your mortgage payments.

As a matter of fact, it stresses fiscal responsibility and recommends that people continue to pay their mortgage payments.

And if you have any issues with your mortgage, you need a representative counsel or assistance counsel.

Everything has to do with this mortgage or the issues you have.

Back in 2005, FGC Commercial, they signed my mortgage to Fremont Investment Loan.

Mears was the mortgagee?

Generally, if it just says mortgagee, that's a clue that the company was out of business

mortgage?

mortgage when they made that assignment, just for these purposes, let's presume that that

If Fremont properly held the entire mortgage, then in order for someone else to hold the

mortgage, Fremont would have had to have transferred the mortgage document and negotiated the note

If they cease to do business without making the transfer, then the mortgage document,

Then the security instrument is the mortgage.

The whole note, warranty deed note and security instrument is the mortgage.

But in judicial states, they call the security instrument mortgage, and I'm trying not to

The mortgage document would have had to have been transferred by Fremont before they ceased

you can do a quiet title action either in rim or in this case, you have Fremont Mortgage.

Fremont Mortgage, apparently you have this assignment that was apparently done by Fremont

Mortgage through MERS.

because Fremont Mortgage at the time no longer existed.

the trust or mortgage and on this day the mortgage was transferred to this entity, on

of the original mortgage and each assignment in the record, now you've taken one of those

and always no pronouns, no acronyms, I just wrote a document, I put Wachovia mortgage

mortgage company and it stops your mental flow, if I want to trigger amnesia I'll just

the rest of the people that are willing to experiment with your marriage, your mortgage,

We have five other banks who have, on my record, have owned my mortgage, yet they have not

Who owns an interest of your mortgage loan instrument?

And my mortgage loan instrument.

My mortgage loan instrument, and how did you get it?

me a modification when they say they are the mortgagee, but yet their assignment, which

of mortgage assignment from Wachovia, who's been dead for three years, giving this assignment

to foreclose notice, after they change my mortgage payment, and that's beside the point,

When we do go through this process and we wipe out the assignment of this mortgage,

can you elaborate on what happens to the mortgage after that?

I'm calling because, and I've called in before, I've got your prototypical mortgage that was

I could tell you about how I was an unsophisticated consumer and I did business with a local mortgage

and Countrywide would then package those mortgage loan instruments together and then Countrywide

okay I'm looking at my mortgage documents I've got pre-closing and post-closing documents

all mortgages that's not necessarily a mutilation even if it is a mutilation it did nothing

ha ha that's your little trick um del del piano versus mortgage electronic registration

but intent does not overcome requirements of law and if an interest of that mortgage

the mer's mortgage that's been that has not been perfected now i know you're coming up

mortgage broker broker's name and that's all so it's been through four four hands now you

separation of the note, separation of mortgage, bifurcation.

Residential mortgage backed security.

And when you look at the mortgage loan instrument being the tangible promise to renote, the

economic benefits, and the security instrument being either a mortgage or a deed of trust

So if you look within security instrument being either a mortgage or a deed of trust,

They then contact mortgage electronic registration systems and says, hey, we'd like you to track

Now, these mortgage-backed securities, can they too be deemed as obligations of the United

any confidence to this issue, I would like to find out if these mortgage-backed securities

afforded by a mortgage executed to secure its payment.

Because the mortgage as an incident would follow the note into the hands of every holder,

so on the other hand, an assignment of the interest of the mortgage in the land without

these decisions in saying, the executed contract of mortgage, assuring an instrument of the

according to the law merchant, the mortgage passes with it without assignment in words

cut off as well in respect of the mortgage.

If you're going to assign the mortgage or you're going to assign the deed of trust,

standard mortgages and deeds of trust are going to say covenant 16 is going to say governing

Someone came to me and said, did you look at my mortgage?

I want to get a mortgage modification and I'm not sure which way to go

Number one, this was their third mortgage modification

And red bells went out because I'm thinking, why would a mortgage company in these days

Give any mortgage modifications more than once?

I started looking at this mortgage assignment I'm saying

This mortgage assignment is full of crap

The first day of the mortgage it was assigned to bank number one

So here you have the assignment of mortgage reads

She's going for quiet title on every MERS mortgage

Let me tell you what happened in my mortgage, okay

On my mortgage I looked on the back and there was no certification signed

Yeah, that they are required to file, they fail to file and she wants quiet title against all of these mortgages

No, no, no, hold up, when did you get the original mortgage?

Yeah, American Wholesale Mortgage, well

So these people who had mortgages with American Wholesale Lenders found this out and they went down and registered the name

Real estate mortgage investment conduit

And the one question I have about that, like I said my son has one of their mortgages

It's the same problem that they have with sitting mortgage in my case

The original lender said we have had no interest in this mortgage since 2007

And the very next day there was a mortgage assignment prepared from them to city mortgage

And that the sitting mortgage has no interest because a forged document doesn't convey any interest

It was created by employees of sitting mortgage

They never recorded his original, his original mortgage because it only had one signature on it

The mortgage are showing him only has the one signature

And then amortize the mortgage out and see how much you'd overpay

Yeah, I don't see how he cannot win when the fraud is blatant and both mortgages are presented before the court already

Skidmore, S-K-I-D. Actually, just send it to Steve at mortgagecomplianceinvestigators.com.

That's Steve, S-T-E-V-E at mortgagecomplianceinvestigators.com.

And mortgagecomplianceinvestigators is all one word.

That is always the first thing and then you go to the note, the deed of trust or the mortgage.

If you have a mortgage, whether you are in foreclosure or not, you have a great number of options.

We start out with a question here. And the first question is, what's the current condition of your mortgage?

One of the biggest concerns I have when I try to help people with mortgage issues is they don't know what they want.

But if you have a mortgage issue and I come to you and I say, okay, I got these people ready to make a deal,

They'd rather foreclose on it and collect on the private mortgage insurance.

So I disputed the letter of default. I said, you know, I disputed. I don't owe Carrington Mortgage this money. There's no record at the county courthouse.

They weren't named in a title, stuff like that, that they held my mortgage at the time. But he never put in, like last week's show really talked about, he never went down to the county courthouse, which I did when you guys told me to.

I'm the one that told him, listen, there's no nexus between Fremont and Carrington Mortgage Services Company. They were never recorded at the county courthouse.

transfer the lender's claim, the mortgage to another party before the company went out

Once the trust closes, then it's generally filed into a real estate mortgage investment

Once it's filed with the IRS that way, then if a mortgage in the pool is non-performing,

they can pull that mortgage and replace it with a mortgage with a similar collateral

Illinois is a mortgage state.

So the mortgage itself, I mean the deed of trust itself, if you read the transfer of

amount and the mortgage rate, they're blank, they're not still there, the ones that were

at the mortgage statement and then look at what they actually charged you.

For your residential mortgage needs, call Dorothy at 512-343-6494 or apply online at

Support also comes from Dorothy Erminger at Cap Star Lending. For your residential mortgage needs, call Dorothy at 512-343-6494 or apply online at calledorothy.com, and MLS-216-624.

The loan was secured by a second mortgage,

Is he up to date on the first mortgage?

he went through a process where he contested that mortgage

Okay, hold on, that mortgage, I hate pronouns.

Which mortgage, yours?

The first mortgage was removed.

Okay, so he's challenged the first mortgage.

Okay, so it's a mortgage state.

Where did you get your mortgage form?

Generally, a mortgage will have a clause in the mortgage

in the mortgage is that anything written in the memo line

Then it's for it. It costs 95% of the mortgage nobody complains about.

have any standing to raise any issues about the mortgage.

For your residential mortgage needs, call Dorothy, 512-343-6494,

For your residential mortgage needs, call Dorothy,

talk about what the banks and the mortgage crisis and all that stuff,

Then, you know, like you need to pay the IRS, you like to pay your mortgage and things like that.

National City Real Estate Services, LLC, successor by merger to National City Real Estate, Incorporated, formerly known as National City Mortgage Company.

For your residential mortgage needs, call Dorothy, 512-343-6494,

For your residential mortgage needs, call Dorothy, 512-343-6494, or apply online at

I stay pretty much in the area of mortgage.

But what went was a interest of the mortgage loan instrument.

Your mortgage instrument consists of two instruments.

And from Dorothy Erminger at Cap Star Lending, for your residential mortgage needs, call

Keep in mind though, a land patent does not negate a mortgage.

You're not gonna get rid of a mortgage by patenting the land.

When you say get rid of a mortgage?

I've been trying different ways to fight the mortgage scam.

That myth is that a land patent will get rid of a mortgage.

The reason why I want to ask you this is because in doing a little bit of research in my mortgage,

I found that on Fannie Mae's website that they purchased my mortgage about six days prior to Bank of America actually giving me a mortgage.

When Bank of America came to the clerk and filed a deed of trust or a mortgage, was this in California or Illinois?

and what you have to understand is what was sold to Fannie Mae. Fannie Mae purchases mortgage loan instrument interest.

They purchase a partial interest of the mortgage loan instrument, that partial interest being the payment intangible, the transferable record.

Are you disputing that Fannie Mae owns a partial interest of your mortgage loan instrument?

Did they make a positive identification of the location of your mortgage loan instrument?

what mortgage compliance investigators does, all right?

So I can say with specificity and particularity, this is where an interest of your mortgage

This is the seller that sold that interest because many times if you have Billy Bob Mortgage

Company that you originally signed the mortgage with and they're not an authorized dealer

You're telling me that you had a private investigation done into the matter of your mortgage.

What is the disposition of your mortgage loan instrument right now?

If you say, well, the mortgage loan instrument made it into the trust too late, prove it.

Mae in having something to do with the mortgage, this securitization audit, or do you have

Where did you get the information that Fannie Mae was involved in your mortgage?

Okay, when you say Bloomberg terminal, this is from your alleged analysis of your mortgage

Brian, you're up today on your mortgage and you're looking into the issues.

Take them from the principal on the first payment and re-amortize your mortgage, assuming

originator. The originator filed the deed of trust slash mortgage. If that deed of trust

slash mortgage has been filed of record, then any subsequent action on that instrument must also

in your mortgage or in the intangible revenue stream or whatever part of your mortgage,

keeping in mind that a mortgage instrument is made up of two instruments, the note and

I'm not very clear as to when one mortgage servicer allegedly sells

merge but merge is involved i will always put in mortgage electronic registration system now

letters add up to what he's thinking in his head pattern interruption if you put mortgage electronic

mers is that mortgage electronic registration system or is that Michigan

When a homeowner finds something wrong with their mortgage, that homeowner might reduce

days if uh if it's an assignment or or something like that but a mortgage has to be filed within

it to be cleared up they just left the mortgage on there well what was it that murs was attempting

the deed and who owned the mortgage and it was a mess so when she was showing me all these facts

deeds their mortgages their funds question so the people have to look up the laws in their state

What happened is I was responsible for the first mortgage, he was responsible for the

second mortgage, he stopped paying on the second mortgage.

If he's got a whole bunch of properties and he's having to pay the mortgages on these

However, what the FTC Holder Rule said, that we have these mortgage companies going into

brings us full cycle right back to the mortgage contract.

Does the mortgage contract impose a duty on you?

The mortgage contract imposes a duty on the property conditioned on your breaching a duty

If I remember correctly, though, this is a rental agreement, not a mortgage agreement.

And I was in administrative pleading the state court over the fact that the mortgage, well,

And they use mortgages, even though it's non-jurisdictional, it's administrative.

Actually, they filed that they owned the mortgage note in the midst of a default that had that

my client, you didn't make your mortgage payments, so that's fine.

with taxes, same way with mortgage foreclosure, same way with almost everything, get the focus

Well you didn't make your mortgage payment and so we're going to take your house, you're

Well you didn't make your mortgage payment, you had to make your mortgage payments.

I don't know what a mortgage payment is, you don't?

Well right here is a copy of the mortgage, well to me that looks like that has something

Now, putting in the context of a mortgage foreclosure, for example, people are sued

by the thousands every day for mortgage foreclosure.

judge and says, well, Randy's a bad person, he didn't make his mortgage payments.

And it has not been established that the contract for debt matches the mortgage contract.

And right now there is an incredible opportunity with the area of mortgage foreclosure.

And I don't care if it's mortgage foreclosure that happened 10 years ago.

Now, when we're talking about mortgage foreclosures, we're not talking about the collection of

You have two contracts when you purchase property on a mortgage.

You've got the promissory note, you've got the mortgage contract.

going to have the mortgage lien, which most people think is on their property.

No, a mortgage lien is not a lien on your property.

A mortgage lien is a lien on the promissory note and a similar apparatus works.

Once the promissory note and the mortgage lien or the deed of trust, once those two

Every time you have XYZ holding mortgage backed securities, blah, blah, blah, as a certificate

we're suing you because you have a mortgage with Bank of America, okay, that's fraud number

from the mortgage contract.

talking about a credit card debt or a mortgage.

But when we're talking about mortgage foreclosure, which is our best opportunity right now to

So when we're talking about the mortgage foreclosure, what form of money is the mortgage contract?

It is M3, a procedurally proper loan based on a promissory note and mortgage.

And if that M1 is a mortgage investor, the only thing that can evidence a duty to that

mortgage investor is a promissory note where the mortgage investor is the endorser or the

several mechanisms actually got a mortgage investor to fund that loan, you were no longer

You were doing business with a mortgage investor, but unless the banker had the integrity to

So your mortgage is going to obligate you to forfeit your home to this person if you

Do you comprehend the magnitude of the problem, otherwise known as mortgage servicing fraud?

You've got $13 trillion worth of mortgages, where there is no bona fide note, none.

to invest in mortgage-backed securities.

Get everybody, these billionaires, multimillionaires, get them to buy into these mortgage-backed

on my mortgage.

Well, of course you can, that's why they're called mortgage payments, yeah, but see that's

did not perform on that loan, a mortgage investor did.

If you don't have a contract with a mortgage investor, all the paperwork means is it's

with the mortgage investor taking the position of the endorser, there is no evidence of

who has written probably the most fantastic mortgage foreclosure protection book in existence.

talking about when we talk about this incredible mortgage foreclosure problem.

sweetheart deal of buying into a whole bunch of mortgage backed securities.

exposure of the fraud of the mortgage backed securities.

published information that led to the exposure of the mortgage backed securities as a fraud.

How are we going to rob the people so that the investors who invested in the mortgage

Reid, let me ask, was this a mortgage or a lease or a rental agreement?

do you have just a standard mortgage?

Okay, no, at the bottom of the mortgage document, on the footer, it'll say Fannie Mae Freddie

If it's Fannie Freddie Uniform Mortgage, look at Covenant 16 of your Deed of Trust.

Did you draft this mortgage and sign it or did somebody else put this thing together

in all deeds of trust and mortgages.

the recorded original note, and the inseparable mortgage with your name on it

and we're at the point now of collateral attacking these mortgage servicers

It was like three, four months' worth of mortgage payments.

and the mortgage with your name on it and theirs,

against mortgage servicing fraud and won,

So mortgage servicing fraud has been around a long time,

and if you go to mortgage servicing fraud, Google it,

bought the mortgage from MERS, even though they had maintained

that they were the owner of the mortgage

There's no such thing as an assignment of mortgage

because the mortgage can't be separated from the note.

with the mortgage-backed security and government financing.

For your residential mortgage needs, call Dorothy, 512-343-6494, or apply online at

For your residential mortgage needs, call Dorothy, 512-343-6494, or apply online at

Well, I was actually trying to locate Randy and it had to do with mortgages.

Free Press had an article and that lady just called about the mortgages and it was about

to everybody who's dealing with the mortgage issues, it says that MERS was essentially

each time a mortgage is sold.

and say, hey, this is how many times the mortgage was sold.

The original bank no longer owns the mortgage and they have no standing to foreclose.

So, there is a tax on every state for the mortgage instrument.

And you paid this state technology fee and it kills the mortgage, depending on whoever

Well, in order for that to happen, this would have to be a mortgage state.

In a mortgage state or what we call a judicial state, Illinois, I forget, a number of Florida,

When you write a mortgage, you grant a claim to the lender against the property.

And in a mortgage state, you literally transfer the property to the mortgagee or to the lender.

My house was broken into by my mortgage company.

Your house was broken into by the mortgage company?

All right, Arvill, you said your mortgage company has hired someone

The payoff on your mortgage?

in that state, not as anything, not as a servicer, not as a lender, not as a mortgager.

The mortgage was wiped out basically as far as I understood the discussion we had because the

The next thing we found out is we paid our property tax, and the check got sent back to us telling us that the bank, who hadn't even had an assignment of mortgage at that point,

said that they were going to escrow this and that the next time we got our monthly mortgage statement, it was $2,000, $1,000 more than it should be.

You can be current on your mortgage and file a quiet title action.

that's been discovered in a mortgage that was discovered in 2012,

a mortgage transaction or a series of transactions under a mortgage

I said, but the back page, there's a mortgage affidavit stating that my

mortgage affidavit stating she was married.

And here is a mortgage affidavit stating that my daughter is married.

and it was a mortgage foreclosure file.

and it says in those purchase agreements, those are the original mortgages.

2009, and I would like to preface this, all of my statements are going to be an alleged foreclosure, an alleged mortgage, an alleged party.

Now, the attorneys for the foreclosing party would like to treat this situation, any mortgage situation, as if it were a rent or lease agreement.

Now comes PNC Bank National Association, incorrectly named PNC Mortgage, blah, blah, blah, blah, blah.

All right, a friend of mine had a mortgage, and the bank decided to pay her taxes and stick her with all kinds of fees and demand everything up front.

And the interesting thing about this assignment and mortgage is it's all typed out except for two things.

But it's assigned to a person, to the company, it's a CSAB mortgage back, mortgage back pass-through certificate series, 2007-1.

and so, and like I said, the defendant is American Mortgage Network.

Mortgage electronic registration systems have been dismissed because they signed, they cashed

There's one more thing that there should be nine of, mortgage insurance, derivative contracts.

So it was 89D02-1206-MF, or mortgage foreclosure, dash 0025.

in the sheriff's office, the title company, the mortgage company, everybody all in collusion

then it could very well be that everybody in this country who has a mortgage is equally affected.

Everybody who has a mortgage should do this.

The mortgage industry has...

The mortgage or deed of trust, read that thing.

The banks know they are a horrible mess, but because of the way they were playing fast and loose with these mortgages,

Well, if Merge holds legal title and Merge is an agent for the lender, the lender holds legal title through Merge and that's a mortgage.

In a mortgage, the property is granted to the lender.

Oh, whoa, whoa, whoa, whoa, did you not sign a note in a deed of trust or mortgage?

an interest or recording an interest in your mortgage loan instrument into a remake in

So problem, what they wanted to do was trade these real estate, these residential mortgages

1995 they put together a company called Mortgage Electronic Registration Systems and the idea

of Mortgage Electronic Registration Systems, MERS, was to avoid the problem that they have

with real estate mortgages that while this investment strategy looked like a great idea

Real estate mortgages, real property has reporting requirements that other kinds of securities

they've grouped together 10, 15, 20,000 of these residential mortgages into one large

with the eternal revenue service as a real estate mortgage investment conduit.

find MERS in the definition section of the deed of trust or mortgage and in the definition

In a mortgage or deed of trust the MERS is simply named as nominee.

what they did with these residential mortgages to understand the securitization thing that's

to look for primarily in a mortgage issue.

So the whole problem with the mortgage debacle really revolves around that.

will remember mortgage burning parties.

Once you pay your mortgage off, the note is returned to you, just like in the older days

Once you paid off the mortgage, you had the canceled mortgage in your hand and then everybody

go burn the mortgage and have a big party because they paid off the mortgage.

Well, to say that they shredded these things, well, if they shred them, once the mortgage

The deed of trust or the mortgage, that is a document that grants privileges to the borrower.

Every dollar they put on the head of the note, if it's like an average 6% mortgage, over

What proof do you have that they did not put your secure, your alleged mortgage instrument

Now, what proof do you have that your mortgage was not put in the trust in a timely manner?

The question was how were you harmed by them not putting the, your mortgage documents into

Not putting your mortgage in, in the, they loaned you.

or the mortgage instrument that is the combination of both, this, okay, your signature creates

addressed very early in the show that we used to have mortgage burning parties, excuse me.

servicer to a new servicer beforehand and it's reverse mortgage so there's no payments

And then the other one was a mortgage affidavit stating that my daughter was married.

a forged mortgage affidavit because I had asked for this Sean Sorrell, this notary,

We were talking about mortgages.

I had to figure out why the clerk was parsing out that cause number on the mortgages.

We're talking about fictitious mortgages, talking about fictitious homeowners.

It was the one she actually got the mortgage from, she thought.

and then I had put in the two-page document, the mortgage I had told you about.

So, but Tammy Ortman came in with these two exhibits, a loan and a mortgage,

And she had another, that same exhibit, B, the mortgage.

that they had produced in the mortgage,

in mortgage fraud, including the sheriff's department, other local officials.

So U.S. Bank National Association, comma, N.A., versus Rachel Diddy, 89D02-1209-MF or mortgage

There was a forged mortgage affidavit stating she was married.

It states clearly in there that that is the master mortgage.

If you read it, it says it's the original binding contract, and that is the main mortgage,

in Indiana, much like the multi-state mortgages we're seeing, or deeds of trust at the bottom

Those international promissory notes were attached to the main master mortgages.

based on future pledges to pay the mortgage,

which everybody thinks is the master mortgage in the land records.

I say it's not because my daughter's papers show the mortgage, it's a two-sided document.

are in accordance with the mortgage requirements.

which are totally unregulated, and buy a mortgage insurance policy on each one of these.

If they can force the buyer into foreclosure, then all of these mortgage insurance premiums pay off.

And it then also allowed them to not only be in the life insurance business, but to also be in the mortgage banking business.

So they became an insurance slash mortgage banking syndicate.

And then when we create the bank, we're going to do it on the mortgage side.

One of them in the mortgage had a property that was listed different than the 4385 Highway 35.

That fourth property that was in the mortgage, the batch number and the sequence number was underneath my birthdate

It's usually Covenant 16 in your average mortgage.

On Schedule F, as in Frank, you might consider claiming your alleged mortgage debt as unsecured.

Now in the securitization process, your mortgage loan instruments or an interest in your mortgage loan instruments

Now, right after closing, this thing changed hands several times and something else happened with your mortgage loan instrument.

Now, if they sold that transferable record into a real estate mortgage investment conduit, AKA a REMIC,

I was talking about what happens to your mortgage instruments after they leave your purview.

This mortgage thing, you didn't draft it and bring it to the bank and say, here, do you agree with this?

of you who aren't aware of what that is. In a foreclosure issue, in a mortgage issue anytime

granted them a mortgage so they file a suit that the mortgage gives them a

part of a covenant of the mortgage. Okay and if the bank already defaulted on it

do to sell or transfer the property it's in the mortgage and the bank has a right

had. With that said you said that the bank defaulted on the mortgage. Did you

The assignment of mortgages? Pardon me? Like the assignment of mortgages? Exactly and

knowing the rules you don't know who the players are so that is what sets mortgage compliance

mortgage it's the underlying transactions that that assignment is to memorialize and

one would need to be named into public record as the beneficiary or mortgagee and one would

your mortgage or the the not the mortgage the uh that's what you would do if you were in his shoes

which is a residential mortgage-backed security or is it with a gsc a government-sponsored

remick real estate mortgage investment conduit these are the entities that would hold an interest

of the mortgage loan instrument an interest not the mortgage loan instrument itself but an interest

well you would send an email to info i nfo at mortgage compliance investigators plural plural

or you can go to mortgage compliance investigators plural dot com you don't have to put plural in

MCI and the role that MCI is playing today to find MCI mortgage compliance investigators

difference with what mortgage compliance investigators gives you is that it's a three-pronged weapon

assignment of a mortgage or the rescission of an assignment of a security deed that was

of mortgage whether it is an assignment of deed of trust rescinding this document we're

an assignment of mortgage but you need to ask yourself what was it that MERS assigned

That would be the security instrument, the mortgage.

There was no mortgage on this house, I believe.

of mortgage here, but yet they go and they record against my property an order from a

Well, in doing my research, I found on one of these assignment of mortgages that was

Finding information that the very first assignment of mortgage, that was questionable.

have you ever had any dealings with Own It Mortgage Solutions?

but the first mortgage assignment that's in my file,

it was filed June 2009 with Mears and Own It Mortgage Solutions,

but this Own It Mortgage Solutions transferred my loan through Mears to IndyMac in June 2009.

Honestly, it's IndyMac because this HSBC never filed an assignment to mortgage.

The Own It Mortgage solution.

Own It Mortgage, yeah.

Because for our $1,000 fine, you can put up a third or fourth or fifth mortgage on your $100,000 or $150,000 house.

And you can risk losing it because you didn't make a payment on that mortgage for that $1,000 fine.

And here he's not even saying that the deed of trust is invalid or they're mortgaged.

How can eMERGE assign a note or mortgage of a company that's defunct?

And it has caused her to become bipolar. She is very stressed, depressed. She's held very good jobs. She's worked at one time, you know, in a bank as a mortgage broker for the bank and an assistant manager, et cetera. She's provided, she built a home.

The mortgage company did, right?

The mortgage company.

Because you entered into a mortgage on it

So we have the mortgage to work on yet

They never came in and gave anything other than the fact that they had a mortgage listed in the recorder of deeds office

And they used that payment stream to create an obligation for an e-note and an e-mortgage that they sold to an intangible obligee

We're trying to work on the mortgage

Well, they recorded an assignment of mortgage

No, because what they purchased was a beneficial interest of the mortgage loan instrument

So with Fannie Mae purchasing only the beneficial interest of this mortgage loan instrument, they purchase a partial interest

Eight and a half by 11 with a letter in it from the home mortgage place

Have a mortgage recorded in the recorder of deeds office

Stating they own the property as a mortgagee?

Fannie Mae only holds mortgage-backed securities

They hold mortgage-backed securities

Fannie Mae purchases interests of mortgage loan instruments

Are we talking about the E mortgage?

My mortgage was created through Wachovia

They sold it three months after we took the mortgage

Well, there needs to be an endorsement to Federal and National Mortgage Association from Wachovia

If something was sold to Fannie Mae, we would look and see, okay, who sold an interest of the mortgage on instrument to Fannie Mae

When we look on our homeowners insurance, it lists the mortgagee because the policies basically make a claim over $8,000

The mortgagee must be notified in order to verify we don't owe debt to them

So the mortgagee has changed hands from Wachovia to World Savings to IndyMac and so on down the line

telling us who the mortgagee is

The mortgage confesses a claim against the property

But in a mortgage, you confess that claim against the property

So now would it differ in a mortgage state versus the deed of trust state?

The only difference I can see is the mortgage states, Texas is the only one that has trespass to try title

A mortgage not a deed of trust

I'll do that. I'll probably call tomorrow. I have a mortgage-style question.

regarding the recording of mortgages.

He said, you are obligated to record past, present, and future assignments of mortgage.

like a mortgage and why he's treating a mortgage like a deed.

That means anybody that has MERS in their mortgage can go right down to the courthouse

And I said, well, I have already let it be known, number one, that anybody that touches that assignment of mortgage that is a forgery and is known in the court to be a forgery and is recorded and testified to be a forgery.

The next day, an assignment of mortgage was created from them through MERS to the current servicer.

This lender with the name had nothing whatsoever to do with that assignment of mortgage dated September 20th, 2012.

When you can prove that there is fraud and forgery, any assignment of mortgage

And then they also put in a counter claim and they said that I had no right to file against them because I had already gone, had all my questions against sitting mortgage adjudicated in federal court where I filed all my TILA lawsuits against the unrequited interest.

Well, not only that, there was no assignment or mortgage at that time.

In October of 2012 is when they got the assignment and mortgage.

So how can something decided in March of 2011 rest due to CAUTA and assignment and mortgage in 2012?

So there's no mortgage or anything against it?

The lender is PHA's mortgage.

if it's a mortgage company, you can almost bet that they sold the note.

Licensed private investigator with specific knowledge in mortgage fraud, foreclosure fraud,

The website is mortgagecomplianceinvestigators.com.

Mortgagecomplianceinvestigators.com.

to record every transfer of the debt that are secured by real estate mortgages in the Commonwealth of Pennsylvania

And in as much as such debt mortgage note transfers are conveyances within the meaning of Pennsylvania law, the failure to sow document and record is

Yes, there's not a single mortgage in Pennsylvania that is adjudicatable based on that.

For the purposes of obtaining the accuracy of a precise chain of titles for all mortgages, assignments of mortgages, and assignments of articles,

it shall be the duty of the recorder whenever an assignment of mortgage or articles of agreement are given to secure the payment of money

or release of mortgage shall be presented to him for record to refuse the same unless the set assignment of mortgage,

assignment of articles of agreement or release of mortgage has attached there too and made part of the assignment of mortgage,

articles of agreement, or release of mortgage a certificate signed under penalties of perjury and fraud by said mortgagee,

complete names and addresses of all assignees and their related nominees and agents and their addresses with the subject mortgage

and assignments of mortgage or assignments of article of agreement or persons entitled to transfer interest,

send certificate to be recorded with assignment of mortgage, assignment of articles of agreement, or release of mortgage together with the reports from the database available

to users of said private database therefrom derived. Should no private database, nominee, or agent be noted in any mortgage,

articles of agreement, assignment of mortgage, assignment of articles of agreement, or release of mortgage, the certificate shall so state.

If any assignment of mortgage is over six months old,

defeasable deed in nature of mortgages hereafter to be made shall be good or sufficient to convey or pass any

The judge said that includes mortgages it says no deed or mortgage and that includes the silence of mortgage in the nature of

mortgages hereafter to be made shall be good or sufficient to convey or pass any freehood or inheritance means if it's not

Okay, that's specific to deeds. A deed of trust or mortgage is not a deed.

Okay. All right, 621 states. It's under chapter 2 mortgages, recording of mortgages.

621 states mortgages to be recorded within six months. No deed or mortgage or feasible deed in the nature of mortgages.

I was an American fraudulent and I haven't done anything about my mortgage, but I originally

Knock 30% off my mortgage and I'll drop this suit.

Go to freemortgagehelp.net or is it org because earlier, I said org first, it's net.

Free mortgage help.net.

Actually, I've got a mortgage question.

The mortgage in question is from early 2000.

And I'll spend some time looking at your free mortgage website there, Mr. Kelton.

Oh, I can't cite one right now, but yes, there have been Supreme Court rulings showing that a mortgage servicer is a debt collector.

or any interest in the mortgage loan instrument outside of making collections. Now, keep in mind, a party entitled to collect is not a party entitled to receive payments on an alleged loan.

Well, if he's servicing a mortgage, what he's doing is collecting a debt.

Right, and that's what I'm saying. Upon securitization, he divests himself of any secured interest in either the note or the property attached by the mortgage or deed of trust.

Therefore, he is no longer an interested party, just a debt collector. Now, this is going to be, what, 99.8% of the cases in the years that I worked with private investigation companies specializing in these issues, mortgage fraud, foreclosure fraud,

and secondary securities markets, I've worked for approximately five years for a couple of different companies. And in those years, I finally saw my first enforceable mortgage.

This mortgage was drafted by a credit union. There were zero TLA violations, zero home equity violations, zero real estate settlement procedures act violations.

One client out of how many thousands I don't know. I finally had to tell somebody, I'm sorry, sir, but there's nothing I can do for you. You have a good mortgage. Pay it.

Because there's no longer right. There's no longer credit to involve. There's no longer a lender, a mortgagee. It's now in a debt collector's hand.

And he asked of the plaintiff's attorney, when was the last payment the defendant made on this mortgage?

And he had presented to the judge a supposed to be original mortgage in note on the loan.

mortgage in note.

And when he told them when the last payment was made on the mortgage, he just said he

He presented to the court an unrecorded assignment of mortgage and the judge accepted that to

of mortgage had to be recorded.

So, generally, when fighting a bank over a mortgage or fighting a debt collector over

an alleged debt, the debt collector or the mortgage company or the mortgage servicer

that Deutsche Bank was trying to foreclose on her mortgage.

Well, on my assignment of mortgage, she's claiming that she worked for this company.

then she shouldn't have been executing an assignment of mortgage online.

Simon, yeah, forged a Simon a mortgage.

Mortgage Electronic Registration System.

So when you put mortgage electronic registration

They see mortgage E, they recognize it.

bracket mortgage electronic registration service bracket

used mortgage electronic registration service before,

that maybe the negotiations with modifying the mortgage

showed the fraudulent assignment of mortgages.

recorded assignment of mortgage assigned from MERS as nominee for my bank is a statutory

A satisfaction of mortgage from MERS as nominee for my bank or from the assignee would likewise

capacity to either assign or satisfy the recorded mortgage.

And that's the same with every single MERS mortgage.

That means there will be an identified payee on the payee line. Negotiable instruments, what are they? You've got a negotiable instrument called note that is accompanied either by a deed of trust or a mortgage depending on the state,

whether it's the state you're in as a title theory or link theory state. Here in Texas we've got deeds of trust. Together these two instruments make up your mortgage loan instrument.

Now I can give you the money. Great. What makes it different on a mortgage note? Nothing. It's a negotiable instrument governed by 3-203D of the UCC or the equivalent state code.

I just got involved in a mortgage foreclosure,

One of the first things you can do is go to freemortgagehelp.net,

But what is the condition of your mortgage?

He works for Mortgage Compliance Investigators.

You can go there, mortgagecomplianceinvestigators.com, and read more about what they do.

Like a transfer of mortgage.

I have the freemortgagehelp.net site up, and I would like anyone who's listening,

up freemortgagehelp.net to do.

Oh yeah, I also wanted to announce that I do have freemortgagehelp.net up, and if you

Whoever took those documents out of your site, took a few of them, like the data trust or mortgage, whichever your state is,

When that first piece of paper goes into a Remic, that's a real estate mortgage investment conduit.

he can go get a totally unregulated mortgage insurance policy, and nobody knows about it.

Yeah, but to get back on track where I was, once your mortgage-backed security reaches a Rimmick,

If there's not an accounting of every pair of hands that that mortgage-backed security

or interest in that mortgage, in that intangible revenue stream changed hands or went through hands.

And even with securitization out of the way, you know, we've looked at our homeowners, which is an obligation on our mortgage.

We look at our homeowners insurance that comes and it keeps a list of who the mortgagee is for us.

And in Section 4 under the owner deemed payable clause, it states who the owner is and it is the investors, these thousand guys who own a chunk of my mortgage-backed security.

And if you look at your deed of trust, I think you have a mortgage in Pennsylvania and you have a governing law and serviceability clause where they agreed to abide by all law and this filing was one of those laws.

I noticed that one thing on our mortgage assignment, that the execution from...

This is my wife's mortgage.

Even on our mortgage assignment from MERS to Wells Fargo, it states that MERS is the nominee for Wachovia

There are really no mortgages under foreclosure that haven't been exposed to this.

And you can't transfer the mortgage to an agent of the principal that would violate that statute.

Okay, now you go back and look at, you've got a note and the note and the mortgage are to be construed as a single contract.

So if you can prove that the mortgage is ambiguous and unenforceable, you'll never get to the intention of who's got what.

Then you go to 15 USD, $77,000, and every year, Brian Monahan and the CEOs of the banks now are required to sign a statement to the SEC that these contracts that they have securitized, all these mortgages then are in compliance with law.

The investors don't have a right to say a deadly spot about a tangible mortgage because they bought the intangible payment stream.

And for anyone interested in the mortgage issue, this is something to know about.

Why do you think these arm mortgages, these adjustable rate mortgages, mature or adjust

okay, let me differentiate the bank from the mortgage servicer.

The mortgage servicer is the party to whom you send your mortgage payments to.

Now, the mortgage servicer is going to promise you and promise you and promise you to work

if they're lucky enough to con you into one of those adjustable rate mortgages or a balloon

and I'm building this up in the Free Mortgage Help webpage.

12 years. But what took place at July 1, which is last month, is they took owner-occupied mortgages

in effect, the deed of trust or mortgage moot and unenforceable, that note is still enforceable,

They just stated what their income was. A lot of these mortgage brokers, they knew that there was nothing that would be verified.

So they would go in and without the applicant knowing it, they would increase their actual income so that those loans would go through and the mortgage broker would make this money.

That right there is what set them up for default from the very beginning. Exactly. Exactly. It was the greed of the mortgage brokers wanting to make this money.

Because if they get them in and they see that your income was actually $45,000, but your application said $75,000, it's going to get turned over to prosecute you for mortgage fraud.

Don't put that back on you and claim you did it. Yes. Even though it could have been done by the mortgage broker.

You don't. The problem is it still falls back on you, even though I actually got a mortgage broker's license revoked from Florida because I saw the actual loan application,

I submitted that information to the state of Florida and her mortgage license was revoked, but it doesn't do anything for the people that lost the house.

like you said, a lot of these mortgage modifications don't go through and it's like a trick for them to get people to give them this information now

and they could turn it over to the federal government for mortgage fraud. That's an interesting concept.

Because if the federal government could prosecute you on mortgage fraud, then they would be going after us,

And I love the fact that you said that you can't transfer a mortgage to an agent of the principal.

In the history of my issue, it seems that I have an agent of the principal that actually transferred the mortgage itself to somebody else since they didn't want to be noted on the action.

In this case, one of the robociners with SPS actually acting as a vice president of MERS, and I know we've all seen this, had actually transferred mortgage to U.S. Bank.

Okay, what I'm saying is this eliminated their deed of trust or mortgage.

Most of these mortgage companies went out of business because they were all an income

So the bank creates a mortgage company, runs it for a little while, and then bankrupts

Too complex to go into here, but good chance it's out of business just like American mortgage

And if it, if it, wait, say that again, Sterling, Sterling mortgage was the original and then

because they used mortgage electronic registration systems as a straw man agent for everybody.

Go to FreeMortgageHelp.net.

Once you start doing the research, if you go to freemortgagehelp.net, that's freemortgagehelp.net.

I want to file a complaint against a plaintiff attorney based on a fraudulent mortgage filing

I knew there was a fraudulent mortgage note before, but no, when I just started to work

A security instrument does, a mortgage.

The only reason the security instrument, the mortgage, has a verification on it, a notary

Okay, is it an addendum to the note or an addendum to the mortgage?

Okay, so right now we're talking about the mortgage.

The mortgage has also two witnesses and the notary public still acknowledgement.

And the problem with the verification on the mortgage being insufficient, that's a problem

changed in the mortgage.

It says, Please note mortgage servicers are backlogged, which often results in long waits.

Price the property for the market, not at the mortgage balance unless the mortgage is

speak to your mortgage servicer on your behalf.

The short sale always goes through the mortgage servicer.

to your mortgage servicer on your behalf.

recommended that the realtor send all documents together to the mortgage servicer and it says

here see mortgage servicer requirements documents.

The mortgage servicer most likely will want to see a summary of your financial situation

Do not use property tax assessment and do not list the mortgage balance unless this

Mortgage servicers do run internal valuations so it is better for you to be knowledgeable.

Remember, mortgage servicers pull credit reports to verify numbers you report on the worksheet.

If you have other loans such as other mortgage, place these amounts in empty or unused spaces

mortgage assistance program authorized or funded by the act if such person in connection

with a mortgage or real estate transaction has been convicted within the last 10 years

second loan balance and the remainder should be appropriated to the first mortgage company.

mortgage name, fax number, use one fax cover per loan.

If your mortgage servicer is handling both of your loans, remember they are treated separately.

Important, if you have two mortgages or a first mortgage and a home equity line, be

aware that the second mortgage servicer may not want to review the short sale package

until there is an approval received from the first mortgage servicer.

Remember, if you are not paying your mortgage, you will continue to receive calls from the

They take the deed of trust or the mortgage, that is the security instrument, and they

on my mortgage is to have homeowners insurance, and my homeowners insurance, just like Mer's

milestone report, keeps track of every mortgagee who's listed as a mortgagee under my loan.

this to my homeowners insurance, which is an obligation to my mortgage, how they could

On the mortgage?

No, it did not on the mortgage.

So now he's got some mortgage to deal with now.

perfected based on the five other mortgagees listed on my homeowner's insurance holding

my mortgage and not being recorded in the Recorder of Deeds Office.

Fannie Mae isn't listed on my notary or mortgage, so we have no lender who's going to come forward

for the mortgage company, the property condition, blah, blah, blah, and a settlement statement.

to pay off the balance that was owed with the mortgage company, which was like $34,000.

They should be approximately a third the way through the mortgage.

Yeah, and see, they were supposed to pay off the mortgage when they bought the house and

It says that we had a lot of mortgage companies going into business, writing a lot of predatory

And every time that anyone put anything in concerning the assignment of mortgage, which

means all of the, all of the attorneys proceeding mortgage, which was three of them, um, I,

of mortgage with res judicata on the assignment of mortgage.

They never let me admit, once they had this, the party that had this assignment of mortgage

And they would never let me amend a complaint to address the assignment of mortgage.

So they're telling me I can't do something on behalf of my family to take care of a mortgage

of Appellate Procedure, he said in short, plaintiffs cannot make the mortgage go away.

And that indicated that he did not comprehend that neither the mortgage nor the assignment

Neither the recorded mortgage nor the assignable is now assignable to any party lacking assignment

So if they assign a mortgage from them dated 2012, there's no interest there.

putting anyone in harm's way of felony criminal charges should that assignment of mortgage

Does the mortgage hold value to the recorded mortgagee?

Did the assignee of the assignment of mortgage get any interest out of the mortgage that was assigned?

And is there anybody recorded that can assign or satisfy or release the mortgage? That's very basic.

He was representing Fannie Mae, MERS, and City Mortgage in a case.

And he was stating that Fannie Mae owns this mortgage.

And then he sees the assignment of mortgage from another bank to City Mortgage, the same mortgage that Fannie Mae owns.

And Fannie Mae is still saying they own the mortgage, and then they put that assignment of mortgage as honest to God truth into the court.

We have someone here in Austin that they had a mortgage with a bank, the bank went out of business, and then Fannie Mae apparently picked it up, or FDIC picked it up, and transferred it to this Plains Capital.

In my case, it's a MERS mortgage, and I have a copy of the NIN summary and milestone.

I said these claims are not recorded and they have no interest in the mortgage because it's not recorded.

I think Leslie knows a whole lot more about mortgage and foreclosure fraud than I do.

Now look at the note in your mortgage documents, your mortgage instruments. Now see, we're

If I'm assigning it to you, you're paying me for the mortgage.

And when we're looking at what we have as far as the mortgage, I'm probably going to

And when I look at the mortgage, now this may just clear this up for me, but when I

look at the mortgage and the bank never signs the mortgage, and the stipulation in my mortgage

Your mortgage loan instrument, let's go over this real briefly.

Your mortgage loan instrument consists of two instruments, a negotiable and a security.

by saying we've defaulted on the mortgage, for instance, then they're binding themselves

the mortgage.

or violations of covenant of a mortgage.

Okay, then the mortgage servicer is agent for the principal.

And that's the interesting point because they took, they made an assignment of the mortgage

In other words, under the terms of the mortgage or deed of trust, the security instrument,

mortgage and I used mortgage to include both the note and security instrument

Property or the mortgage to Wells Fargo through Wachovia

Your mom went through a reverse mortgage

The scope of my knowledge on reverse mortgages is not very deep

I will admit that, but I do have my current understanding of a reverse mortgage is that it is exactly that

You know what? I need to do some more research in reverse mortgages

Are you talking about the trustee at the time of mortgage?

The trustee's duties are to make sure that all of the mortgages or the mortgage-backed securities

So in a residential mortgage, there always has to have been one of those

Well, in a real estate mortgage, they don't really loan you anything

including mortgage registration system, MERS

Bain v. Metropolitan Mortgage Group

And your mortgage is in that trust, pay me a bunch of money

Well the other day when I was at the bank I said hey who's the custodian of documents for my mortgage

Well, where I was going with it was that at the time that they filed the mortgage, they

I'm suing the party named on the mortgage.

This is the original mortgage.

mortgages and assignments are required to be filed but there's no time limit on when

They filed the mortgage on February 18th of 2008.

was a year and a half after the mortgage was filed.

The complaint alleges that on February 18, 2008 when the New Day mortgage was recorded

Indeed, New Day filed the New Day mortgage after assignment of the same to BAC on February 13, 2008

To the contrary, the plain language of these statutes requires recording of mortgages and assignments

And a mortgage is defined as a conveyance

Wait a minute, the mortgage is not a conveyance?

A mortgage is?

In a mortgage state

The mortgage transfers the property to the lender

And then in the mortgage they transfer it to the lender

Would that be a relevant issue that the person who filed the mortgage has no power of attorney

With the late assignment of mortgage that was filed the day they filed the suit

And she had died and a reverse mortgage was on it

That's because it's a reverse mortgage

Essentially this is a reverse mortgage so it's not exactly your traditional loan

Reverse mortgages are generally given to elderly folk with limited or no heirs because the bank expects to take possession of the property upon the passing of the homeowner

No wait a minute this is a reverse mortgage there is no loan

The reverse mortgage replaced the original, the original is no longer there

Okay so borrower in this case doesn't necessarily mean the same thing it would in a mortgage or deed of trust instrument

Wait a minute this is confusing Danny every time we say something you change things up is this a reverse mortgage or is it some one time payment thing?

Well it was set up as reverse mortgage and on this it says this is a home equity conversion mortgage loan

Okay I have no idea what a home equity conversion mortgage loan is that's some kind of hybrid document that I've never heard of before

That was less than the current mortgage and current property value and agreed to allow her to live in the property as long as she lived

of trust and all mortgages have to go be reviewed by a judge before the sale can be authorized

You got all of these long term 30 year commitments in residential mortgages and then you have these investment portfolios,

The deed of trust is a security instrument or a mortgage is a security instrument.

And that's what they were looking to do with the presidential mortgages.

So, he would write this note, the mortgage company would, and then sell that to the investor.

So he doesn't want all his money tied up because he's just a mortgage company and he don't have the super deep pockets that the bank does.

Go to freemortgageshelp.net.

If you have a JPMorgan Chase, I mean, a Washington Mutual mortgage, you should look.

If you go to freemortgageshelp.com, I apologize for the condition of the site.

So what is the first thing you should do if you think there's a problem with your mortgage?

Read the code. Read what you're charged with. If there's a problem with your mortgage, go to the county registrar's office.

Okay, then you look for a deed of trust in a non-judicial state, a mortgage in a judicial state.

These mortgage companies were going out of business left and right.

The banks set up to mortgage companies so they could write all these mortgage mortgages,

sell them to the banks at a loss so that the mortgage company could bankrupt and write off all the profits of these notes.

The mortgage companies keep going out of business. For this purpose, that's great.

This is to our benefit. You look to see if mortgage companies out of business.

You might go to the freemortgagehelp.net site and on the first page, about in the middle of the page,

the judges make a lot of money and they're able to pay their mortgage every month

and think if I can pay my mortgage every month why can't you?

and you're just here trying to get out of paying your mortgage

taking questions on mortgage or criminal or about anything that's within the parameters of our show

I have a site up free mortgage help dot net it's not in the best shape

what is the current condition of your mortgage

go to the freemortgagehelp.net site

how long have you been paying your mortgage?

when was your mortgage initially when did you enter into the mortgage?

you're in Missouri Missouri the first page of the mortgage

Champion Mortgage Company.

Does Champion Mortgage Company still exist?

Did you request employment records for Sherry Prawl from Champion Mortgage Company?

Is it Champion Mortgage Company that's your adversary?

Danny Murphy versus Nation Star Mortgage, Champion Mortgage, CompuLink Corporation,

Okay, so where is Champion Mortgage?

Is it a local mortgage company?

I'm employed as Assistant Vice President of Nation Star Mortgage?

Of Nation Star Mortgage.

Doing business as Champion Mortgage Company.

So Champion Mortgage Company.

Nation Star is doing business as Champion Mortgage Company.

Nation Star Mortgage Company, Champion B Mortgage Company is the holder of a fixed rate,

But I'm looking down where you have it marked where it says Nation Star Mortgage LLC DBA Champion Mortgage Company

I'm employed as an assistant vice president, Nation Star Mortgage Company is the holder.

Nation Star Mortgage LLC, doing business as champion mortgage company,

I found this deed of trust and the lender was some community mortgage company.

I checked the Internet and that community mortgage company went out of business.

In 2012, MERS filed an assignment of the security instrument from this mortgage company to bank to the mortgage company.

created under a rent or lease agreement from one created under a deed of trust or mortgage

However, under a deed of trust or mortgage, a tenant at sufferance,

do you have a deed of trust or a mortgage security instrument?

The original lender was Southern Lenders Mortgage Company, who is now a dead man.

Did Southern Lenders Mortgage Company file an assignment of the security instrument to another party before he died?

And the note, so I have the interest on the note, on the mortgage.

It's just we're paying case Manhattan, and every time I have to pay the mortgage,

and the only reason you couldn't pay the mortgage is because they added these extra

against the property. And that's if you were in a mortgage state, in a judicial state

How can you sever the mortgagee?

Well, the mortgagee itself is void because the whole purpose of using it is to avoid the recording laws, the severing laws, the forgery laws.

Under 621, if there hasn't been an assignment of mortgage for six months in Pennsylvania, after six months, that assignment of mortgage that is not recorded cannot be used to assign it to someone else.

Like you have a lender, it was common practice in those days for the banks to set up a mortgage company.

And the mortgage company would produce these predatory loans, then sell them to the pool at a discount so that the mortgage company on paper lost money with every deal.

And by that method, they could hide the income through a bankruptcy of the mortgage company.

And then the bank would get the highly profitable note without having to account for the profit because the mortgage company bankrupted that out.

Then they'd close that mortgage company and open another one.

Well, while it defrauded us of a lot of our taxes, it also caused the banks a problem because these mortgage companies are all going out of business.

Okay, so if the mortgage company has gone out of business and it's been more than six months and there hasn't been an assignment of the security instrument, then the security instrument would become void as a matter of law.

The assignment's a mortgage to prove.

The other thing is that under this subtitle of Title 21, the 621 is so important, because what happens is the minute they know that there's, like, within 90 days after you make a settlement, your mortgage is assigned and that's not recorded.

So because the first assignment does transfer interest because it's before the six months, but if after six months no record is made of any assignment, that mortgage goes nowhere.

And you're saying that when the... after closing, there is an assignment of the... there's generally an assignment of the mortgage within that six month period.

For instance, in my case, the original lender assigned it to City Mortgage within 30 days.

And within two days after that, City Mortgage assigned it to Fannie Mae.

City Mortgage to Fannie Mae, the mortgage from the original lender to City Mortgage didn't get recorded.

With intent to deceive, he destroys or conceals, and he will do deed, mortgage, security, or other writing for which the law provides recording.

And she asked me, she has been... She hasn't paid her mortgage for four years and 90 days.

She hasn't paid her mortgage for four years and 90 days.

So, I have, holding in my hand, it's actually a mortgage statement.

Prior to year 2000, for the last 50, 60 years, people had been getting into mortgages, residential

So what the banks decided was that we have these long-term residential mortgages, and

The retirement funds need a long-term investment, and the residential mortgages was an excellent

revenue service as a real estate mortgage investment conduit and with this strategy,

If you look in your mortgage or deed of trust, you'll find where MERS is included that MERS

about how the mortgage system changed after the year 2000 and how the banks made a horrible

If Merge holds legal title, this is a mortgage.

a lot, is when they securitize a real estate mortgage, they don't sell the note, they factor

big mess and the mortgage crisis, and how to fight back against it, and I'm going to

You start at the beginning, and if you look at free mortgage help.net, on the first page,

You could still be in a mortgage.

Oh yeah, you can bring the land patent forward, but the mortgage will still be in place because that's a contractual agreement.

One question I have is because he is saying that the foundation company is foreclosing. Well, it's in foreclosure with the mortgage company.

I didn't realize a foundation company could foreclose before the mortgage company.

Well, the foundation claim would have had to have been approved by the mortgage company.

They said they just moved it over. The mortgage company just moved it over into foreclosure on Monday.

Who was appointed substitute trustee in that mortgage or de-addressed?

The mortgage, the remick, real estate mortgage back, the conduit, yes, thank you.

in the mortgage is the trustee of trust.

It was not an original, but it would not matter if it was an original single mortgage or a

Is there something in Respa, Tila, in any of the laws governing a mortgage?

God forbid a mortgagee may get to the end of a 30-year period without being foreclosed on.

This is a urinary and a mortgage state.

or lack thereof of a trustee in a real estate mortgage investment conduit, aka, good lord

These are the securities trusts in where mortgage-backed securities, it is alleged folks, those of you

with mortgages out there, that your mortgage is in a trust, though that is another argument

depending on the originator and what trust your mortgage-backed security instrument

First mortgage versus Dino, D-I-N-A.

The Appeals Court back in April basically said, first mortgage, you may not come in here with

that mortgage because that mortgage was created by a mortgage company that was not authorized

to do business and write mortgages in this state.

And the fact that you are an holder in due course matters not because the mortgage was

That was the case of the first mortgage.

The first mortgage was a holder, and due course, they had purchased the mortgage.

The first mortgage was licensed and properly and duly executed all the proper paperwork

the mortgage was void, I'm an issue, don't bother coming in here.

Anybody who has a mortgage, if you have not tortured yourself by, by reading 500 plus pages of a pooling and servicing agreement, you owe it to yourself to do so.

Somebody has a duty to make sure that all these mortgage backed securities make it into the, into the Remic in a timely manner.

mortgage, did not file this action or appear at trial or assign any interest. And that

the note and mortgage are void because the lender, America's wholesale lender, stated

the laws of New York, the alleged lender in this case, was not licensed as a mortgage

lender in Florida in 2005 or thereafter. And the alleged mortgage loan is invalid and void.

did not have authority to do business in Florida. The alleged mortgage loan is invalid and void.

Plaintiffs and predecessors in interest had no right to receive payment on the mortgage

loan because the loan was invalid and therefore void because the corporate mortgagee named

therein was nonexistent. And no valid mortgage loan was ever held by Plaintiff or its predecessors

The alleged assignment of mortgage, which purported the transfer interest in this mortgage to

because mortgage electronic registration system as nominee for America's wholesale lender

had no authority to assign the ownership interest of said mortgage because MERS was not owner

of the subject mortgage and was only a nominee for America's wholesale lender. An alleged

mortgage which in any event would have been invalid because the entity had no ownership

interest in the mortgage and was merely named as nominee for the non-existent corporate

mortgagee. Now here's the kicker. Based on the foregoing, the Plaintiff Bank of America

claim ownership of the subject's note and mortgage or any right as servicer for some

unknown entity and is without any legal basis to attempt to foreclose this mortgage or to

collect on the mortgage note because America's wholesale lender, a New York corporation did

in interest. The collection of mortgage payments by the Plaintiff and its predecessors in interest

the funds therefrom on behalf of any owner of the note or mortgage or any other party.

by defendant to Plaintiff or its predecessors in interest because the subject note and mortgage

were invalid because the alleged mortgage lender did not exist and did not have the legal

to the terms and conditions of the said mortgage note and mortgage upon which Plaintiff faced

the security instrument after a apparently legitimate mortgage company has went out of

authority of the fed, but only the national associations, not all these mortgage companies

Okay. So if someone, if someone was behind in their mortgage and they had America's wholesale

But if they had that party, the New York corporation in their mortgage, couldn't they say there's

collateral estoppel? They can't bring this mortgage in because this mortgage is void

Okay. Well, it's just that I felt it was interesting that people have that in their mortgage that

Tell your friends, tell your neighbors. Tell anybody that has a mortgage. Tell them to be

In title theory states you will have a mortgage.

In a mortgage state, you grant a claim against the property in the form of legal title.

Well, the mortgage servicer would automatically fall under FDCPA anyway.

They cannot do an assignment of the mortgage for companies that doesn't exist.

They're claiming it is secured by mortgage.

the negotiable instrument being the note, security instrument in your state being a mortgage.

I'm going to suggest that you look closely at the mortgage and if you're going to make

a claim against murderers, make it in terms of a violation of a covenant of the mortgage

Bless your heart. Yes, yes, yes. Commercial mortgage. I'm back. How you doing, Randy?

we're getting things clear here. Normally, the note is not recorded. Normally, the mortgage is

recorded. Sorry, the most things right. Okay, so it was the mortgage that was recorded, and they

reason why they would admit the mortgage, but this so far it doesn't make sense. You have the

piece. Yes. Did this original lender securitize the mortgage instruments? We don't know, but we

We'll put you in touch with Mortgage Compliance Investigators. Let me tell you a little something

I learned about these mortgage audits. No such thing. Audit is an accounting term. Strictly

accounting. So if you're out there on the internet looking for a mortgage audit, you're

to the statutes, the MSO or MCO is sent to the state to be held just like a mortgage is

held on a home until the mortgage is repaid.

Consider a loan for your car, a mortgage for your car.

Now, what is supposed to happen with the mortgage agreement once you pay off your home mortgage?

And that's why in the 50s and 60s, all the rage was mortgage burning parties.

People, when they've made the last payment on their house would get the mortgage note

leaving only the mortgage floating around out there as the only evidence of actual legal ownership.

So now you can't hold a mortgage-burning party for your car

Over the life of the note, he would have paid off the 30-year mortgage at payment 240.

I have paid the mortgage company, you know, as a sign of Bank of America, $56,000.

to maintain the mortgage file, which is to contain both the original de-trustee mortgage and the original note,

One that is most commonly violated is that they didn't get the mortgage-backed security

There are thousands, if not tens or hundreds of thousands of mortgage-backed securities

So, if a mortgage-backed security does not make it into the pool in a timely manner, does

But if due to the fact that the mortgage-backed security as an operation of law, both contractual

the trust, governing the securities trust, the remic, real estate mortgage investment

did not affirm the mortgage, then the property basically becomes the property of the trustee.

What means affirm the mortgage?

credit cards, all right, and you have to declare your house and it's mortgage.

So you affirm the mortgage in order to remove the property, the real property, from the

You know, wait a minute, the whole point of the bankruptcy is you do not want the mortgage

mortgage if you're current.

However, a foreclosing party will still seek to collect the property using the security instrument, due to trust or mortgage.

In some states, they call that a mortgage.

In a non-judicial state, when you grant the deed of trust, you grant a mortgage first.

The mortgage is the same as in a judicial state where you grant the lender a claim against the property.

keep in mind on your schedules, you might want to list your mortgage or your home loan, alleged home loan as unsecured.

house this court and others have uttered this admonition since the early days of the mortgage

accelerates the mortgage and makes it time bored after six years of acceleration

guys familiar didn't she though you guys are familiar with the min number mortgage

your mortgage is that true to the best of my knowledge that would be accurate okay now i

have not been foreclosed and i um uh have not paid off my mortgage but my min is inactive

uh of let me ask you this have you had a change in your mortgage servicer here recently well i

based on what i've seen throughout the history is that with your particular mortgage perhaps

which caused me which caused my mortgage to start at about eight thousand dollars higher

debtor nor the defendant took any action under the mortgage instrument or the fair foreclosure

uh usc 11 usc under the bankruptcy code by applicable new jersey statute their mortgage

the court finds that the defendants are time barred from enforcing the note or mortgage

enforce the note and mortgage based on the defects in the assignment or alleged impact of a settlement

you say a contract signed under seal well when they say seal next to your name well the mortgages

statutory limitation specific to mortgages in texas is four years the maturity date of the

mortgage the maturity date of the mortgage is like 30 years and you add six to that

because you've already accelerated the mortgage and you only have six okay well let me come back

Your mortgage-backed security didn't make it into the trust within the 90-day period

secured by mortgage, deed of trust, or vendor's lien, or for renewal thereof,

and you'll always find problems there. How old is your mortgage?

Look at the mortgage.

But if it's a small mortgage company, they have to be registered in the state.

Because say I give you a loan on your house and you give me a mortgage against your property.

And I die without assigning that mortgage to somebody else.

The original mortgage bank, AmeriQuest, they were, they had a boiler room where they were,

a mortgage company.

on freeing the farmers from the mortgages but Darryl chased him out of town and so they

Because cites a case here, a case here accord the Santi versus mortgage electronic registration

is filed a record, most likely the mortgage brokers

When they sit there and take that mortgage loan

fell behind on mortgage loan payments in 2009.

you'll either have a deed of trust or a security instrument titled mortgage.

Under Texas law, a mortgage servicer can foreclose under a deed of trust regardless whether it

A mortgage servicer is, quote, the last person to whom the mortgage or has been instructed

by the current mortgagee to send payments for the debt secured by the security instrument.

See Texas property code 51.001 subsection 3, a mortgage can be its own, a mortgagee can

be its own mortgage servicer.

Moreover, to administer a foreclosure process, the mortgage servicer need only receive written

off the deed and disclose that the fact to the mortgage or, and disclose that fact to

the mortgage or, sorry, indeed the Texas property code contemplates that the mortgage servicer

will often represent the mortgagee who may or may not possess the note itself.

Well, let me read that, I didn't highlight that, stating that a mortgagee may be the

require mortgage servicers to produce the original promissory note.

This property code provides that, provides a minimum level of protection for mortgagees

The mortgagee, the mortgage servicer need only provide notice of default with a, with

The mortgage servicer need only provide notice of default with the opportunity to cure and

exercise. Because on the surface, it looks like a reverse mortgage, this company comes in and

your property, but you can stay in it as long as you live. And if you have a mortgage, we'll pay it.

If we don't have a mortgage, then I have a friend who has a reverse mortgage,

of things equitably, in equity we say the reverse mortgage company gave his mother this amount of

You have the mortgage company trying to foreclose on the property and shut you out as the heir.

the lender to the on the reverse mortgage. The lender is not in in the probate any.

foreclosed on? Yeah, well, she had died because this is reverse mortgage, and so it wasn't coming

what claims would the estate have, if she signed a reverse mortgage,

prior to the reverse mortgage? Yes. Okay, then if I was the judge, I'd say you don't have a dog in

done so. Wait a minute. You're considering a reverse mortgage under the... How do you default on

a reverse mortgage? Yeah, this... There can't be a default on this. These are apples and oranges.

This is not a normal mortgage. Well, maybe, but that's what they put in their letters,

reverse mortgage. You don't want to re... How a reverse mortgage works, right?

Well, I know how this one worked. Okay. Well, generally, a reverse mortgage is somebody who

the reverse mortgage. She can't default on it. There's... She doesn't owe them a... She owes them

Well... See, that's the thing you're... That's the thing you're saying about a reverse mortgage.

It wouldn't matter about any of the transfers after the mortgages is signed. That reverse

mortgage said somebody can have my house when I die. Now, chances are she didn't realize that she

My concern is that in a normal mortgage, there's a note and there's a security instrument.

The note is, in fact, a loan agreement, but you're inquiring that in a reverse mortgage,

just your standard mortgage too. It's a separate instrument.

a reverse mortgage. And when we were on the break, Steve and I were talking about

how what it appears in a reverse mortgage, your mother sold the property to the claimant.

And the claimant paid your mother a mortgage premium every month with the agreement that

then they could take possession of the property. That's my understanding of how a reverse mortgage

behind it. Yeah. Okay, that makes a lot more sense. You know, if the reverse mortgage people

And my notes say you are looking for some unique perspectives on mortgage.

This was the one where the guy, I think he had approximately a $500,000 mortgage.

You mentioned it earlier in this broadcast that there's no free mortgage.

because it's all the same particulars in my mortgage as what he has.

What we've got is we've got Bank of New York Mellon, an improper assignment, all the good stuff, the six months of assignment and mortgage, wrong.

Well, I was talking to a friend today and they have a mortgage situation where they

She said it was for the amount of the mortgage.

Well, yeah, sort of timing. I put in a quiet title action here by my mother's house, the reverse mortgage, and then she died and so they come to you.

I have a case that I've talked with you a little bit about before in which I have a plaintiff's attorney that's filed a lawsuit here where they assert that the last payment made on the mortgage in question was in 2007.

Okay, in Arkansas, is that a mortgage state?

can hire people, pay the mortgage on the property,

have a problem with servicer. As far as the mortgage itself, the servicer is an employee,

of the mortgage. That would be the entire transaction. Yeah that was returned back to

of it? That begs the question, that was the question it begs. In the actual mortgage it

mentioned Merge but I don't, you know. Okay, just because it, okay when you say mortgage

trust but a mortgage document as this is written. Correct, okay. You do not have to adjudicate

by a court and having a hearing. No, no, no, no. It's a mortgage state but it's sort of

the actual mortgage. Hold on a second here. Okay, that, now that's a part you can, well

so I'm not calling in trying to get in, but all righty then, I'm calling in about a mortgage

issue dealing with an alleged mortgage that my mother entered into and I was too young

The mortgage agreement, or it's a contract to my knowledge, I mean would you agree?

You have, there's two pieces, there's three pieces to that mortgage agreement.

There's the note, there's the warranty deed, and there is the mortgage document.

The mortgage document, the mortgage document contains a set of concessions from the borrower

asked for certain concessions and in the mortgage, your mother granted certain concessions.

The lender didn't grant anything in the mortgage document, so only your mother had to sign

Actually, if they accept once the mortgage document is filed, then if the lender accepts

Are we still talking about the mortgage agreement?

It's the assignment of mortgage was in 2012, shortly after she reinstated right before

the foreclosure sale from Mortgage Electronic Registration Systems, Incorporated as nominee

then it says to Flagstar Bank FSB whose address is the corporate address that is on the mortgage

on the mortgage.

Okay, wait a minute, they filed an assignment of the mortgage from Merge to Flagstar FSB?

First of all, I want to note that the amount on the mortgage is different than what is

Okay, on mortgage, does it have a footer?

Yes, it's FHA Michigan Mortgage 4-96, and it says, 2002 Online Documents Incorporated,

you had said about Michigan being a judicial state, it is a mortgage state that you know

people have mortgages and not need to trust, but there is provisions for non-judicial powers

As case law, defining mortgage, you know, mortgage as a contract, or some sort of agreement

You're not likely to find something that says, a mortgage is a contract.

What you're going to find is a description of what a contract is, and the mortgage will

mortgage companies with their address.

They say, please refer to the enclosed assignment of mortgage, which is the copy of what was

...on the grounds that the lender did not sign it, therefore it's an invalid mortgage.

Not the mortgage.

The mortgage is not invalid because it wasn't signed.

All that's in there is the mortgage, an affidavit of a fixture, and the warranty deed.

If they were made to a third party, these payments being made to a third party, there's a state statute that requires that those be recorded on the margin of the record in which the mortgage is filed

They need to do a little bit of research because some of these mortgages indeed the trust are considered to be contracts under seal

However as of July 1, 2014 contracts under seal as it pertains to mortgages where the property is owner occupied

So I'm thinking in terms of a mortgage in foreclosure where the banks have stacked on enough attorney fees and late fees to swallow up any potential equity

to refinance their home mortgage, petitioners Larry and Cheryl Janosky sent Countrywide

There's nobody that's recorded that has the capacity to give me a satisfaction of mortgage.

Yes, but they're not capable of giving me a genuine satisfaction of mortgage.

They have to have an assignment of mortgage recorded.

there's a requirement that the beneficial party in interest of a mortgage

I've got a mortgage.

and the bank first has to clear your mortgage before you have to tender,

I mean, if any part of the contract, for instance, MERS and a mortgage...

Yes, but because MERS itself cannot be removed from the mortgage and the mortgage cannot be implemented

without having a mortgagee, you can't take it out of the mortgage, you're out of the contract.

I just say that the mortgage as written violates the law.

with all the other trouble in the mortgage industry where they've cleaned up a lot of their act,

In a zero-down mortgage, the fees are rolled into the note and amortized.

I understand that. Now, okay, let's say they remove the fees from the mortgage at the initiation,

So if you get this upheld, you essentially undermine every single mortgage in the state of Pennsylvania.

They could say I have dirty hands because I haven't paid my mortgage in four years.

Well, res judicata is out the window because they have a forged assignment of mortgage that was created after this case was even started.

Well, if your mortgage is void ab initio, then nothing after the fact is effective.

orders that a mortgage be split up or say somebody's going to get the mortgage

The mortgage companies, the lenders don't care about that.

or to take out the mortgage if it's for a house or whatever,

on the mortgage, property was in his name, and the divorce,

and the judge ordered her responsible for what was left of the mortgage.

rescinded the mortgage it was timely a couple months later we still hadn't heard from the bank

for failure to abide by the tiller under 1641 g murray's is in our mortgage and that requires

which stated the exact chain of title to the mortgage in the order in the opinion of judge

went and opened the default judgment and then answered in the meantime city mortgage comes in

and gets an assignment a mortgage and sticks its nose under the tent and brings in to my quiet

title case well the judge says oh this is all rest judicata because they had sitting mortgage

were waiting for the for the brief coming from sitting mortgage and i got served with foreclosure

mortgage that they put into this foreclosure complaint is a fraud it's forgery leslie something

what with the forged assignment of mortgage was also a counterfeit because it was a copy of a copy

from the original lender to sitting mortgage ah wait a minute you know what that was

no the same lawyer did but not for the same party oh the lawyer uh steve for city mortgage

yes and what we put in there was the the fraudulent and forged assignment of mortgage fraudulent by

uh note count i have the res judicata on the fraudulent assignment of mortgage because of

to enforce a rescinded and void mortgage contract they attached a forged and fraudulent invalid

assignment a mortgage they attached a fraudulent and counterfeit note they didn't join the unrecorded

It was discharged, the mortgage or the bankruptcy?

It's CWABS, which is Countrywide Mortgage Back Security 205-3.

There's 11,140 contracts or mortgage deeds in it.

who are, whose mortgages are still active or would they also go back and hit the people

It's reinsurance too and it's insurance on the mortgage.

How does the mortgage insurance affect the borrower?

On Steve's mortgage, when we ran a calculation on overpayments, the numbers showed that he

So that $43 extra on Steve's mortgage was probably that insurance.

I got that brief from sitting mortgage, so I'll counter this counter that counter the

by getting your mortgage and chances are several others in the remit in a timely manner.

This is the trust in which up to 10,000 mortgage-backed securities are held either by private interest

your mortgage did not make it into the remic in a timely manner, now the investors are

lawyer just got his bar card and he said he has a mortgage payment and doesn't own a house

the, like in the case of the mortgages, you know, the pro se's and even those represented

And then the investors for the mortgage backed securities started going into court raising

Okay, I'm going to start out talking about mortgage.

Now Steve and I do mortgage on Friday, but there's one thing that we haven't done.

to gain advantage with your mortgage.

Even if the bank has defrauded you, they haven't defrauded you of the entire amount of mortgage.

You take the long-term mortgage and convert it into a security, and you sell it to these

Well, problem, unlike other securities, real property mortgages have reporting requirements

First place you should look if you're considering doing something with your mortgage is go to

For instance, one of the more common things I see is the mortgage company issues the mortgage,

we haven't done in talking about real estate and mortgage issues is we really haven't

gone over essentially how to address your mortgage issue.

And if you have a mortgage that you have questions about or if you just want to check it out,

And for most of these people helping folks with mortgage issues, I don't see them going

collector, be he mortgage company or servicer, the person who sends you what the Uniform

Based on the note, they created a security and when you're talking about mortgages, the

term security is badly abused because you have three documents in a mortgage agreement.

You have the warranted deed, you have the note and you have the mortgage or deed of

They put together this company called Mortgage Electronic Registration Systems and MERS would

the lender in the security instrument, the mortgage or the deed of trust.

Well, in writing the mortgage, you gave the mortgage company or the lender a confessed

wrong when I was speaking to mortgage.

If the lender wants to enjoy the privilege granted in the mortgage, then he must abide

the mortgagee is and generally it's some mortgage company.

It's real important if they went out of business and win because the bank set up these mortgage

that will come in on the note is effectively written off by the mortgage company when they

sell it for a loss and then they bankrupt the mortgage company and start another one.

That's why you have so many mortgage companies during the height of the real estate boom

you got all these mortgage companies going out of business left and right.

That's because it was all an income tax scam but it assists you in this regard if the mortgage

that time was National City Mortgage Company.

National City Mortgage Company later changed their name to National City Mortgage Incorporated.

National City Mortgage Incorporated later merged with National City Real Estate Services,

Throughout that time, when we started getting in trouble with the mortgage company, it was

still mortgage company, and that was in, I believe, the summer of 2007, where my wife

At the time, we were uneducated about mortgages, mortgage fraud, I mean, this had not come

original mortgage, blind and ignorant.

So I started challenging the bank to, I started reading up on mortgage law and whatnot, found

over the accounting of this mortgage and I've noticed a few errors, will you fix it?

So they offered a mortgage modification.

I had started researching the mortgage issue and Steve came to me and he had an eviction

somebody's upside down on their mortgage and I should have objected at that time.

I heard you guys talking about PNC Mortgage, and I'm just about ready to bring them to

from National City, Inc. to National City Mortgage, then PNC, I think.

But it started out in 2003 with us when it was National City Mortgage Company.

I forget when, but they changed, National City Mortgage Company changed its name to

National City Mortgage, Inc.

Real Estate Services, successor by merger to National City Mortgage, Inc., formerly

known as National City Mortgage Company, then that outfit merged with PNC, Bank National

They got stretched out too far on their mortgage-backed securities and they were just keeping in mind

What they're calling assets are toxic mortgages, unenforceable mortgages, mortgages that not

Basically, that's who I pay my mortgage to every month.

National City mortgage was on...

in regard to how it went from National City Mortgage Company to National City Mortgage

So you will not find your mortgage backed security anywhere in the SEC because Jenny

mortgage compliance investigators, plural.

You can find them online at mortgagecomplianceinvestigators.com, put three Ws in front, I don't think you

most people don't even, they've never heard of a mortgage, mortgage investment,

a real estate mortgage investment conduit, aka Remic. They've never heard of pooling and

servicing agreements. They don't even know that their mortgage has been traded on Wall Street.

mortgage, they've got to be able to be A, concise, and B, to the point, concise, meaning that you've

So if, okay, fine, great. It's all well and good. I see, John in Texas, that your mortgage made it

into, or your mortgage-backed asset, transferable record, call it what you will, did not make it

my mortgage-backed asset didn't make it into the, my security didn't make it into the security pool

Anyway, the note was $82,900. It came from me. They took that note being the mortgage lender,

Well, at the end of the day, it would nullify your, your mortgage because if somebody purports

money from Argent Mortgage Company and executed a note and deed of trust in its favor. Argent

engaged CITI, City Residential Lending Inc. as mortgage servicer and gave it a limited

that the assignment agreement was made after the date when the trust or pool of mortgages

When a real estate mortgage investment conduit is constructed, there are pools that open

claiming that Vasquez was not a party to the assignment of her mortgage. And thus she had no

Miller v homecomings that yes, a homeowner has or a mortgage or has a right to challenge the

that homeowner has or no mortgage or has a right to challenge the assignments.

It's already been cited as a matter of precedent and policy. A Texas mortgage or has standing to

Although the court in Rainegal ultimately affirmed the dismissal of the mortgage or suit,

it expressly declined to do so on the basis advocated by the bank that the mortgage or elect

that a bank could foreclose on a mortgageor's property though it is not a valid party to the

the use of the word may defend in quotes in Tri-Cities and argues that a mortgageor's ability

to challenge an assignment is limited to cases which the mortgageor is defendent,

Likewise, Rangel began as a suit brought by a mortgageor to enjoin a non-judicial foreclosure

The Rangel court correctly reasoned that to hold that the mortgageor's lack standing

would have the quote, odd result of leaving the mortgageor's without remedy against

and mortgage change hands? No. OK, did you know where the original note and mortgage are? No.

where those documents were? No. OK, do you know anything at all about the original mortgage

security is part of the problem because the mortgage document, not the instrument or it

contains three documents, a warranty deed, a promissory note, and a mortgage document

The mortgage or deed of trust is a security to secure the payment of the note.

That's the collateral and the security instrument, deed of trust or mortgage is the collateral,

It's secured by that deed of trust or mortgage.

Anyway, I, I was wondering why on an assignment of mortgage that on the, is this the norm

It is an issue with the mortgage, but not with the assignments.

ex-mortgage company they write the mortgage they're named as the beneficiary on the mortgage or the

deal of trust then ex-mortgage company goes out of business and then after ex-mortgage company goes

out of business mer's asserting to act as the nominee or for the mortgage company and its

successors and assigns and files a transfer from the mortgage company to another party now wait a

mortgage company direct mer's to do this transfer and he called them vampire mortgage companies

as concerned residential mortgages their portfolio contained very few relatively very few compared to

judges know that their retirement is very heavily invested in mortgage-backed securities and oh my

writing this down the mortgage if not it's archived now you look at the mortgage and the mortgage was

In title theory states, you would have a security instrument titled mortgage.

a mortgage? A five-year real estate contract with the seller through an escrow company with

Okay. Okay. That's what I'm getting at. Is it for lack of payment of the mortgage?

the mortgage payment went into a bank account instead of going to the escrow company.

I called up the mortgage company. I read it. They said, you know, you just have to let us know and

legal interests of the equity into the trust. Now, the mortgage is still on my parents,

house, let's in other words, if they had half the mortgage and equity, only that part of it will be

Is there anything in the mortgage that prevents your parents from disposing

now put it in the trust. Right. It says that's part of the mortgage. So.

UCC goes to contracts. It's contract law. Right. Okay. So, mortgage is a special case contract.

trying to find about mortgage issues and stuff like that, and I had mentioned your show and

Oh, no, this was just a mortgage, original loan. There's no home equity

So you're in a position to where you have a mortgage already and in order to upgrade

that you absolutely will qualify for this mortgage, well, you put yourself for sale.

Of all of the people listening, if any of you have a mortgage, how many of you have

When reading the deed of trust, you simply cannot tell if anybody here has a mortgage.

And that mortgage includes mortgage electronic registration systems.

who has a mortgage should understand the concept of adhesion contract because this gives you

some great claims you can use against the lender. If you have a mortgage and you wind

and MERS, Mortgage Electronic Registration Systems is included in the security instrument.

someone who has a right to the benefit of a contract. And in the case of a mortgage

Mae, Freddie Mac, Uniform, Instrument does not create a Deed of Trust, it creates a mortgage.

Now, I can't find, as it relates to MERS or anybody in the pipeline in that mortgage,

That would make this document a mortgage and not a deed of trust.

Do you have a deed of trust or a mortgage?

don't know uh mortgage electronic registration systems aka mers making assignments without the

end quote for a remick trust that's a real estate mortgage investment conduit aka

the majority of mortgage-backed assets that go into remicks make it into the remick way after

mortgage company versus uh lombard 1904 uh more numbers okay uh treated an ultra virus contract

we have proof of the mortgage being assigned to several other banks.

company who, through our mortgage insurance, that these mortgages were claimed to be assigned

the mortgage and the sale price of that mortgage transfer.

that all past, present, and future mortgages not recorded in the recorder of deeds office

and that Fannie Mae is not mentioned on the note or the mortgage and they are not the

part because the bank has a mortgage assignment recorded in the recorder of deeds office from

Now, how would they have gotten the mortgage from a bank who's been closed for four years

It would go to a entity attempting to collect on a mortgage when they are not the original

mortgagee, a mortgagee.

If we were in a mortgage state, where the lender has a claim against the property,

It's as if the court thinks that anybody who has a mortgage issue

And we have, I know of a few people who have mortgages that originated with American Wholesale Lenders,

in the beneficial interest of a residential mortgage in the public record was archaic, cumbersome, and costly.

that the Merz model was an attempt to fit residential mortgages

and a mortgagee created a mortgage, and then it went out of business.

All of these mortgage companies are going out of business very quickly,

It was a DBA for Bank of America's mortgage arms.

because the original lender that I did this mortgage with was out of business in 2008.

agency standing or capacity to do this thing here concerning my mortgage.

but they actually said that the first acceleration date of my mortgage was 2010.

I have a corporate assignment of mortgage, which is very ambiguous, too.

It says, assigner mortgage electronic registration systems as nominee

Covenant 16 if you're in a Deed of Trust state, I think it's 14 or 15 if you're in a mortgage

the mortgage and they've been going round and round and their foreclosure came up against

its way in with a forged assignment of mortgage.

mortgage and they want to open this up so that they don't get a default judgment, but

answer and they say, we've been assigned this mortgage.

assigned the mortgage.

the assignment mortgage.

There was an affords assignment of mortgage, affords because the lender, who they say had

plural because there was Fannie Mae, there was sitting mortgage, there was MERS, there

So when this assignment of mortgage came out in 2012, when it should have said 2007, that's

bugged me with this forged assignment of mortgage.

on this day, this month, this year, this day, petitioner entered into a mortgage agreement.

I know about a mortgage.

And whether the district court erred in holding any transfer of the note secured by a mortgage

is a mortgage assignment which must be recorded.

I said, well, in my case, in every case where there's a record mortgage assignment recorded

interest in the mortgage and has no idea at all about the assignment.

And he has a America's Wholesale lender as the original lender who cannot assign a mortgage

It could not issue a mortgage.

So, if you have MERS who has filed an assignment of the deed of trust in the record for a mortgage or who's a dead guy, it's also toilet paper.

It would be a mortgage.

You're in Illinois and it's a mortgage state.

Is Ohio a mortgage state?

A mortgage state, yes.

We have a warranty for these mortgages, yes.

Then my question is inappropriate for a mortgage state.

It's a mortgage.

R-E-M-I-C, Real Estate Mortgage Investment Conduit.

Okay, you have in the mortgage, you have a warranty deed,

or the mortgage is called a security instrument.

I have had, we have had rescission. We rescinded our mortgage five years ago. We have filed for

to the bank and timely settle the Orman account and cancel the note and mortgage, which would

liable for the mortgage loan as the guarantor of Fannie Mae, putting additional monies into

MERS in your mortgage, all of the assignments are forgeries in most states. And that when they file

attempt to salvage the mortgage. Or if there's fraud, you can just, you know, with the forgery,

I rescinded my mortgage five years ago.

Each shall be fined under this title in prison for not more than five years or both. When you take that into consideration that when you have someone like us, like my husband and I, who have filed a rescission under Killa and the bank conspires with their attorneys to foreclose on a mortgage that does not exist,

That's something very serious because they should be working with people to try and save the mortgages rather than foreclose and they're doing the opposite.

You know, I mean, there's not that many people that have the assigner of the mortgage

Yanoff v. New Century Mortgage and the Bank of America where they had bankruptcy.

Yanoff v. New Century Mortgage is an amicus brief that Kamala Harris wrote.

claiming that that's not the right assignment or mortgage, that that assigner was never, is not part of my deal.

I'm not really sure if that means anything to mortgages or not, but in the mortgage commercial

What you sent me was only the mortgage.

Were there any other filings in the public record other than the mortgage document between

the mortgage in June of 2014.

they have recorded is the mortgage and that's it.

The question I have is, of course, mortgage-related, foreclosure-related.

of mortgage on my primary residence.

is because the assignment of mortgage was from a defunct entity, you know, via Mears.

Flick Mortgage Corp.

No, there is no assignment of mortgage or anything.

and they need that note to foreclose so that all of their mortgage insurance premiums will pay off

pay all this money back well so on the first note they get private mortgage insurance

insurance mortgage insurance policy on it so that when the property forecloses all of these

these mortgage insurances to pay off so now they get paid off for all these mortgages

39 to 41 percent of your income is all that can be taken up by your mortgage

if i have that your mortgage payments

and you put that in a line of credit so the line of credit pays the mortgage and you pay the line

the line of equity pays your mortgage and once you recover then you pay extra to bring it back up

of mortgage and she wants the money for all the records that they didn't record and she

wants them all recorded and she wants quiet title to all the MERS mortgages.

Pennsylvania requires every transfer of interest in a mortgage must be required, must be recorded.

to record every transfer of the note by an assignment of mortgage or other documentation,

MERS has largely replaced the formerly transparent public record of mortgage interest with a

For anybody who has a mortgage issue, this is a very good sign.

Yeah, I filed, also there was filed an assignment of mortgage from a defunct entity.

No, they just assigned the mortgage after my motion to dismiss.

You know, they signed the mortgage from the dead entity to IndyMac, which was another dead entity,

Or if it's a mortgage, it'll be 14, 15, 16, the applicable law and serviceability covenant.

In this case, the mortgage was only six years old.

the mortgages and stuff done, came across...

with the mortgages and not going to prison or anything and saw this interview with this

Homes Act. All mortgage transfers are required to be recorded. Notice of recording sent to

said they didn't rescind their mortgage because they didn't file it after they got foreclosed

attempt to exercise. This is what I see is wrong with it. When you rescind your mortgage

Insofar as the mortgage and the recordation is concerned, as Randy had read out on the

that the assignment or transfer of mortgages must be recorded, and that the homeowner is

The consequence or remedy for the mortgage company. What's the consequence to the mortgage

availability clause of the mortgage document or deed of trust document where both parties

they couldn't sit there and negotiate the note to them, and the mortgage has to follow

So explain why there's an assignment of the mortgage from Countrywide Home Loans directly

Yeah, now we look at the mortgage and it's usually, I think Covenant 20.

of the mortgage.

You know, like several people down in Florida who had no mortgages, but they foreclosed

assignment of mortgage from a company that was the original lender, which was out of

It's a securitized mortgage, securitized in 2006, so that alone in any instance is probably

What 15 U.S. Code 433 said, if I got the number right, is that we have mortgage companies

in the sandpile would make up a note, and the American oil, the mortgage company, which

That's why the mortgage companies, county-wide, all of them take that out of it.

Mortgage is not about money.

There's no money changes hands in a mortgage.

The banks owe this tax period on these mortgages, and they're looking to you, the borrower,

the mortgage to them.

no interest in the mortgage at all.

A mortgage IT, the original lender.

Then the day after the hearing, they created an assignment of mortgage and saying it was

mortgage.

with that assignment of mortgage created on December 20th.

Not only that, it gets better yet because we had rescinded the mortgage in 2010 and

You had all of these long-term residential mortgages, and you had these investment funds,

Well, the problem was that they took 10, 20,000 separate residential mortgages, and they bundled

mortgages in the public record, and 25, 50 bucks a pop, it was prohibitive.

So in 1995, they put together the mortgage electronic registration systems so they could

They're saying MERS cannot be a mortgagee.

They're saying that every one of these documents filed by MERS were MERSes listed as the mortgagee

slipped into the foreclosure process or are seriously behind on their mortgage payments.

The origins and reasons for public recordation of mortgage interest in the United States

the transaction of interest-first developed during the 17th century, English mortgage

Originally the parties structured mortgages and the secured mortgage in the possession

of the land collateral, not the debtor mortgage.

mortgage in possession of the land to work off the loan.

insurance policies where the lender would sell the note into a pool, write private mortgage

Mortgage recordation in South Carolina is governed by Title 30 of the South Carolina

Section 30-7-10 provides in part, all mortgages or instruments in writing in the nature of

mortgage or any real property are valid as to affect the rights of the subsequent creditors

Anyway, I got behind on my mortgage and in January of 2014, they gave me a notice that's

The mortgage was discharged or the debt was discharged in the bankruptcy?

Now, a remit is the real estate mortgage investment conduit.

12 from the first payment. His mortgage went to zero at 240. The last 10 years of his mortgage

if it says that MERS is acting as the mortgagee, then you can claim that the document is fraudulent.

your email to Dan Real in Connecticut. He helps people with mortgage issues that are specific to

hold the entire document, the entire mortgage, or do they only hold the security instrument?

And how much was the original mortgage? You know what? I'm not sure. Probably about

on mortgage and who signed various affidavits for the different lawsuits.

out from under them when there's MERS in the title and that all other MERS mortgages be

We did a forensic with Lloyd McCaffrey on a small little mortgage for one of our family

And I thought it was kind of interesting because there's another mortgage on a property that

Okay, so this is a really old mortgage.

Okay, Shane, what I'm doing is whenever I look at a mortgage issue, you know, I go to

McCaffrey is an expert, I witnessed for mortgages, foreclosures, and he will do a complete check

but it's going on three years now, KeyBank came in, there was a secondary mortgage on

Oh, okay, what is the latest deed of trust, or latest mortgage?

The latest mortgage on the property was 2008 for $75,000.

Was this a second mortgage?

No, no, no, that's the amazing thing, Randy, is a key bank has a fairly new mortgage from

No. And there's not even the deed attached to the mortgage. In New York they call it

a mortgage, other states they call it a promissory.

Right. New York is a mortgage state, is a judicial state. When you have a judicial state,

it's called a mortgage, the security instruments call it a mortgage. In a non-judicial state,

it's a deed of trust. Okay. You have K-Bank and K-Bank doesn't, do they have a mortgage

have a mortgage recorded, but it shows that it was transferred to ACAP. What shows that

I'm going to call it a mortgage. They call it a mortgage here in New York.

Okay. The mortgage, we're talking about the security instrument. And the note itself shows

Yes. It's called ACAP. Okay. Hold on. Hold on. Is there a mortgage

The mortgage is, was recorded and all it has is, it just says line of credit, equity line

charged on a hard one settlement statement or any time during the process of the mortgage,

This would be like a gas bill or a mortgage bill or something like that,

in order for the affidavit portion to be sufficient in order for the foreclosing creditor to be able to establish standing each one of the previous holders of that mortgage and deed trust or note we have to prove standing as well

what it said was JP Morgan Chase as successor to Washington Mutual as successor to Long Beach Mortgage as successor to something else,

Well, I'm trying, it's in mortgage, and I'm kind of in the middle of a,

The mortgage depot.

Mortgage depot.

Is mortgage depot still in business?

Also, I found out with the Secretary of State that mortgage depot was forfeited from doing business in the state of Texas six months prior before I even set up closing the business at home.

And the money thing, when you have a, the mortgage itself is only evidence of a lien.

But they're also saying the UCC-1 lien is important too, more so than the mortgage.

Okay, are you, do you know what kind of a mortgage this was?

The requirement of the bank to file a real estate mortgage with the SEC.

Now, as far as I know, a real estate mortgage is not in and of itself a security.

Well, the mortgage got thrown out. The case got thrown right out of court.

I filed a quiet title against the original lender, and they came in with a forged assignment of mortgage.

But I already had, if you recall, a court decision that listed the chain of title to the mortgage

I do this show on mortgages and credit issues, and I don't have either one.

and the mortgage company because I filed against every attorney and the law firm

that used that assignment of mortgage to enter either the quiet title

The one that gave me the list of my assignments of mortgages,

He said what they were supposed to say because he ruled that before there was an assignment of mortgage

He ruled that the mortgage itself was assigned from the original lender

Okay, now, this is the judge that when we went in and filed arrest and fellow violations, he gave us the complete chain of title to our mortgage.

The original mortgage against the original lender who had no interest in the mortgage and said so.

signs the mortgages and involved with murders, that's who's getting it.

$250,000, that would be the mortgage?

mortgage holder, I don't know all the hats that were,

When the mortgage crisis came around, I started researching that, and I helped people fight this system,

I think if you look at the full value of the mortgage,

last 15 years to banks, and the mortgage companies would write predatory loans that were very

This mortgage depot was a person under law, under the definition of person, mortgage depot

and we had Wells Fargo step in and tell us we were changing your mortgage payment

The mortgage is still there with a lien on it so we filed some interrogatories.

and that we had a mortgage and yada yada, you know, the way they would send in their summary judgment.

with no assignment, of course, to Fannie Mae on the note or mortgage.

that the mortgage is still there and the lien is still present.

being the mortgagee on our homeowners insurance, and the transfer again,

There's nothing that says that Chase has anything to do with the mortgage

But they're telling the court that they hold the note in a mortgage,

that they were the lender and the holder of the mortgage.

on the credit report if they had nothing to do with the mortgage or the note.

So this sounds like nobody really knows where the mortgage or the note is.

We went from Wachovia Mortgage Corporation who said they closed

The only thing that we have filed in the record is the original mortgage and note

And I explained this to you before that the IndyMac assignment shows a different mortgage number

for which IndyMac was indicted by the FDIC for holding assignments with or holding mortgages with no assignments.

Well, we were hoping to get the documents from our homeowners insurance which prove who the mortgagee was making the claim on the property at the time of each assignment.

So, my assumption is they securitized it in 2005 and the reason we had the same servicer through all those mortgage changes was because the servicer was the servicer for us.

It was Wachovia Mortgage was the servicer all the way until Fargo took it.

And there was Wells Fargo E&A, Wells Fargo Mortgage something rather.

Yes. And I'm the assignment. I'm looking at it now and it says Mortgage Electronic Register System, Inc. as nominee for lender and lender assessor and assigned.

Yes. Can you hear me? Yes, we can hear you. The original lender was called the mortgage, the mortgage depot. Was it? No, I don't know.

granted Federal National Mortgage Association, Fannie Mae, the property.

rescind your mortgage um i know uh there was lots of different

mortgage i i just did one uh the

this a mortgage or a deed of trust? Yes it's in Arkansas it's a deed of trust

mortgage on an abode you were actually living in then it's only three years okay

They have all the mortgage transfers, you know,

You said they hold the mortgage.

How do you know they hold the mortgage?

just move the mortgage claim to unsecured.

So what you're saying, you're not saying there's not a mortgage.

You're just saying, I don't know if this is the guy who has the right to collect on that mortgage

They re-recorded the mortgage, the note, the deed.

Or is he himself a, does he do mortgages as a business?

But he only, I think he only did like four or five mortgages that year.

So if you've got a mortgage and they're billing you less than you owe, you say great, not so great.

After the foreclosure, the mortgage bubble burst in 2007, and people started resisting foreclosures,

and they told him that MERS was getting all of these documents from these mortgage companies,

There's a record here with me that the mortgage dated the 18th of September

What is in the record after the original mortgage document was filed?

Okay, so you have a mortgage by this first savings.

and I see that you got a mortgage with this first savings company.

they will always stipulate to the mortgage holder's claim.

Whoever makes a claim of a right to collect on the mortgage, they will never challenge it.

Let's say you get a mortgage on your house to me and then 10 years from now,

somebody you've never heard of comes to you and says, you've got to pay your mortgage payments to me.

What you do know is that there is an original mortgage file in the record,

Start out with, on this day, we entered into a mortgage agreement with this company.

if you have transferred interest in property, whether it's deed or mortgage, and it's been

assignment or mortgage because it's been seven years, and if they don't record it in six months,

whatsoever to do with the assignment or mortgage. That's right. That's right. I remember that.

So did the original lender claim any interest in the mortgage?

It's a mortgage. Well, we filed the quiet title, and they dismissed it because my husband wasn't

Oh, yes. It's because of the forge you had assigned them a mortgage.

and mortgage, number one, it's forgery. It's forgery because if the date is five years off

on a date other than what is stated on the assignment and mortgage, that's forgery.

had a mortgage with a bank and they contracted to do the parking lot at the bank. And then when they

didn't pay their mortgage, they put it in as a counterclaim for the collection of the money.

for quiet title, that it has nothing to do with the mortgage. Hello?

The mortgage? That should get motion for sanctions.

It's part of the same mortgage loan. What's different about it? It doesn't apply.

saw and put anything in the court yet about the, the assignment of mortgage, anybody that touched

that assignment of mortgage to use that, I filed them with RICO. So, because I already had this

We were lastly talking on a mortgage, my mother,

regarding the mortgage has been charged off.

and consulted with housing mortgage consultants.

There's no deed attached to this mortgage.

It's a lien against the property, a mortgage against the property,

and the mortgage is based on a line of credit.

is there any type of banking regulation that once a mortgage has been charged off,

And as to our public officials, courts, debt collectors, mortgage companies,

Now, Remic is a real estate mortgage investment conduit, and it's basically a trust.

They sold the right to be paid, and it's the same here as it is in the mortgage industry.

What is the condition of your mortgage at this point?

And I haven't paid a mortgage in about 13, 14 months.

And in the document that I have that they call a corporate assignment and mortgage,

Are you by any chance getting monthly statements from the mortgage company?

They're not a mortgage company.

they were money laundering into mortgage-backed securities monies for the drug cartels.

And Randy was on earlier, and I know that Randy is into the mortgage law and this and

So if your issue has anything to do with mortgages or anything like that, I am not the guy to talk to

or is it a foreclosure on a contract, a mortgage?

Jesenowski, three years, exactly three years after the date of entering into a mortgage

agreement, rescinded the mortgage agreement by sending a letter to Countrywide notifying

Similarly, you have three days after entering into a residential mortgage contract to rescind

In general, notwithstanding section 1649 and 1649 goes to mortgages that were written before

rights provided by this section if a mortgage broker fee is not included in the finance

secondary mortgage schemes that victimized and defrauded homeowners, 114 Congress Recitation

qualified for a mortgage to buy the house, the seller agreed to obtain the hazard insurance

Read the document and MERS is named as nominee or beneficiary for the lender. Sometimes MERS is named as mortgagee.

That's what happens in a mortgage state.

In a judicial mortgage, the property is literally conveyed to the lender.

Because if that sentence, that addition means what it says, then this is not a deed of trust, it's a mortgage.

Now, the note is made up, the mortgage is made up of three documents. The note itself, the security instrument, and the warranty deed.

So, when it says this instrument, it's speaking to the security instrument portion of the mortgage. It's saying that they can sell a note or a portion of the note together with this security instrument.

because they were laundering money for the drug cartels and using residential mortgages to do it. That's one of the arguments that I make.

So the last 10 years of his mortgage, he would be paying extra.

What he's saying they do is they subtract the private mortgage insurance from the principal.

What they're saying they do to get the truth and ending statement is they subtract private mortgage insurance from the principal

But regardless, private mortgage insurance is only paid for the first 15% of the principal.

Once the principal is paid down 15%, you don't have to have private mortgage insurance anymore by statute.

So even if they're doing that, if they're subtracting the private mortgage from the principal

And what he found and what something I hadn't caught before is on the HUD-1 settlement statement, you have a private mortgage insurance cost.

It's right there on the front of it. So you paid that private mortgage insurance.

So that left him paying the private mortgage insurance twice.

go to freemortgagehelp.net and be impressed.

Yeah. And I've spoken to them recently because I actually I didn't pay my last mortgage payment

And it's a compilation of a long time and a lot of work. But I have freemortgagehelp.net back up in spite of the guy in Russia and the other guy in China

You know, we talk about legal issues and these mortgage issues. And for the listener, for someone who's not immersed in the session, it gets very difficult to stitch all these pieces together.

If you have some time or some interest in not just the foreclosure issue, but in a different way of presenting complex data, go to freemortgagehelp.net.

You click, there's a little down arrow next to block this page. You click the down arrow and click allow and remember, and it'll pop this map up. And by following the map up, it will help you to see how all of the pieces of the mortgage issues fit together.

have my freemortgagehelp.net site up, at least I got the front page up and working there.

The mortgage was for the purpose of the purchase of the property, and it is the purchase of

Have they accelerated the mortgage note?

even though the mortgage...

Our mortgage was even being held by Indy Mack when they were indicted by the FDIC

in possession of interest in this mortgage when they were not the recorded person

in the recorder of deeds office holding our mortgage and note

So we looked at the other alternative to how do we have a record of who our mortgagee was.

Every statement we got for our homeowners provided us with who the mortgagee was

Now the bank calls the insurance company and tells them they purchased the mortgage.

And then we found out that World Savings bought the mortgage for $188,000 a year later.

having mortgages on their books without assignment.

and that they will get the note and the mortgage

with the mortgage being in recordable form.

Did that mortgage ever get out of recordable form into public records?

Now we'll go back to the mortgage itself.

they come back and say the note and the mortgage are severable.

Okay, how does that apply to a mortgage?

I'm speaking to the mortgage deed of trust itself, which is nothing but a lien.

and he pledges that mortgage as personal property to the intangible obligee.

He did not pledge the rights within the mortgage itself,

I mean, you also have to look at these mortgages are nothing but liens.

...will be mortgage and...

and they want the mortgage in recordable form.

I'm talking about the deed of trust, the mortgage, the lien.

An assignment of mortgage that is filled out in recordable form.

and that personal property included an assignment of the mortgage in recordable form.

It's not defined in the mortgage either, is it?

I wanted your thoughts on, I had a mortgage scenario I wanted to play out for you and try to get some feedback on.

with no note and only a mortgage being transferred, what part of the interest is actually transferred if the note never transfers?

So if we, in our bankruptcy, had the debt discharged, so there is no note, there is no debt, then what type of interest transfers with a mortgage only?

And the lender is forbidden by statute to try to collect on mortgage.

Well, when you say mortgage, the mortgage is the warranty deed, no deed of trust or security instrument.

Now, if you're in a judicial state, that security instrument is called a mortgage document.

So the deed of trust or the mortgage document, it becomes unenforceable by statute.

Have you challenged, are the lenders still trying to collect using the security instrument, mortgage document?

And we heard nothing until they filed a summary judgment claiming there was no evidence to prove that they were not the owner of the mortgage.

Okay, so their position is they can enforce the mortgage as long as there is no evidence to prove that they're not the owner.

What we were looking at was the issue of the bankruptcy and the mortgage being the only thing

And our question is, does that transfer, does that give them any interest in the mortgage?

because they are now Wachovia Mortgage Corporation.

It doesn't matter that Chase Home Mortgage is a fully owned subsidiary of Chase Bank NA.

Chase Home Mortgage is not Chase Bank NA.

And that is the effect of a mortgage.

If I have a deed of trust in the record or a mortgage filed in the public record

because all of them have no standing to even collect the mortgages,

Most people have a wife and children and a mortgage and a boss is on their case.

I just did an evaluation of a mortgage case today.

That's one of the things I do is give me anybody's mortgage

And someone's having to pay the mortgage on the facility.

MERS is Mortgage Electronic Registration Systems, Inc.

So my claim on this was that the fact that the property was transferred to MERS made it a mortgage.

Exactly. That makes it a mortgage.

to show that they have standing to collect on the mortgage.

so I let it be. Well I went a couple few days ago here to see a mortgage brought to the bank

to get a mortgage so I was going to buy the property next door to mine because I wanted the

and how they re-recorded the mortgage about two weeks before they filed the complaint.

They won't touch the re-recording of the mortgage.

And the assignment of mortgage they used was a forgery on two counts, because number one,

of mortgage says they had nothing whatsoever to do with it.

law in any way while administrating or servicing the mortgage, that's unclean hands.

And when they did this forgery with the assignment of mortgage, that changed the equity, and

Then I went on and put in that we were fraudulently induced to sign the mortgage.

Well, yeah, a nominee for the mortgage lender, but was falsely represented as a recording

by doctrine of estappel by record from claiming that this assignment of mortgage they have is valid

and that is the doctrine of illegality of the mortgage itself.

is that you can't have it in a mortgage in Pennsylvania without it breaking the law.

So in effect, MERS in a Pennsylvania mortgage, and I argue with several paragraphs with all the case law

and the citations of the law, that you can't have MERS in a mortgage because it violates the law.

All MERS mortgages do violate at least the 18 of the Pennsylvania statutes, the subsection 4911A3,

or there would be no purpose for MERS in a mortgage.

and they went into the mortgage planning to break it, planning to violate it by not obeying No. 16 and by breaking the law.

And there's no mortgage left.

We need a mortgagee and a mortgage.

Well, they have a mortgagee, that's the lender, but it makes the contract unenforceable

and I put for the mortgage and the assignment of mortgage for the rescission and the forgery,

that forged assignment of mortgage.

well, you can't challenge the assignment of mortgage because you're not ready to do it.

came back with his affidavits and his forensic and his investigation on the mortgage.

or in the case of mortgages, the servicer.

And then I see an all-star mortgage company, Stephen Curley or something.

I just got a copy of my credit report here a couple of days ago from the people that I tried to get the mortgage from.

Okay. The original lender wouldn't be on the mortgage.

So on the mortgage and the note, the lender did sign them.

The faulty signature is on the assignment of the mortgage.

And in the mortgage, mortgages are somewhat different than deeds of trust,

of a confessed claim against your property that's contained in the mortgage document

because they're already in default of the covenants of the mortgage document.

Did I understand that you help other people with mortgage issues?

and I was a past privileged broker for wholesale mortgages in the industry.

their mortgage or the foreclosure process.

because my property is paid for. I don't have any mortgages.

If he could cut his mortgage in half and move it from an 8%, 9% loan to a 2.5% loan,

to salesmen or brokers selling a mortgage loan to a consumer?

Now that's always been a requirement in a mortgage transaction.

amended it, and they amended it to include refinance mortgages.

But this does not give any indication of any kind of settle or return of money for a mortgage.

But if you look at that, that shows you that the intention was to include refinance mortgage.

I'm also a past volunteer federal witness of these mortgage crimes that you are lovingly

One, I want you to sit down with your mortgage or deed or trust and your note,

Two, you make sure that your mortgage or deed or trust has a statement in there

about they may assign the mortgage or deed or trust without advanced knowledge.

inside the deed or trust or mortgage, it is a contract.

if you do not sit down with the mortgage or deed or trust and a note

as a real estate mortgage investment condor.

11,140 individual mortgages.

Washington Mutual, I've got one Long Beach Mortgage and then there's an assignment in

there that says Long Beach Mortgage as I say merged with Washington Mutual or some other

This false and misleading presumably valid corporate assignment of mortgage

I have a corporate assignment of mortgage that is clearly false and misleading, probably just downright fraudulent,

And this corporate assignment of mortgage says, prepared by, and it has the name of the servicer.

maybe deposing the person who signed that corporate assignment of mortgage,

Maybe I'll do a mortgage compliance investigator's investigation

your good and wise counsel. And hopefully going after the mortgage issue will result in joy and

Right. The one with a forged assignment or mortgage.

Wait, say that again. It's the one with a forged assignment or mortgage on a rescinded loan.

explain who Rodenbush Ministries is relative to this property? They're a mortgage holder.

They hold a mortgage. No, no, no. Rodenbush Ministries holds a mortgage on a property

before that and the lender, let's see, Pennsylvania Courts, Thomas Zorman, okay, Citi Mortgage.

That's the plaintiff and this thing is saying that Citi Mortgage is not a secured lender,

and Citi Mortgage didn't. Right. Because they both filed mortgages.

to other claims against the property. Because in this case, apparently, the original mortgage

you have to file suit. Well, the entity that files suit has a HELOC mortgage,

in the public record of a mortgage and it refers to attachment A for the property description

Hold on, hold on. Cancel what? The loan, the mortgage loan. Oh, okay. Okay. Because it's asked

my husband dismissed it. But during that time, City Mortgage kept trying to get the case dismissed.

fraudulent inducement. We have a forged assignment of mortgages. Actually the party

a situation where somebody is ultimately going to stop paying their mortgage and we need

There was no refinance, all that was taken out was second mortgages to do some home improvements

and those second mortgages were paid off.

in these mortgages.

it was a Long Beach mortgage note. This is a woman that a supposed holder came to her house.

and arrest her. And she contacted us and I looked in the public record, it's a Long Beach mortgage,

on any loan documents. I see Long Beach mortgage. No assignment from Long Beach mortgage to

and it says mortgage electronic registration service acting as the nominee for the lender

and lender successors and assigns, there's a good chance that the mortgage company is out of business.

If the mortgage company is in business, MERS will say acting as a nominee for

Long Beach mortgage or whatever. But if they don't put it in there, they want you to forget

and say, let's come to the table and make us a deal. And you knock a whole bunch off my mortgage

go ahead and file the rescission because then you can claim that once the rescission was filed, the mortgage was history.

An inspection of the original documents related to the mortgage.

Now, when we talk about foreclosure, we talk about mortgage issues and rescission.

According to Leslie, there's other place where it says that these kinds of mortgage transactions

I think we can use the fact that the notes in mortgages

Well, I would have asked you a mortgage question, but I don't know any.

Well, I was going to ask you about a couple of issues that relate to the mortgage,

The original lender is Southern Lenders Mortgage.

Who, okay, you have Southern Lenders Mortgage.

Does it say that MERS is acting as nominee for mortgage lenders?

MERS has a nominee for Southern Lenders Mortgage.

And Southern Lenders Mortgage dissolved in 2008.

But find the Quiet Title form, and you've got a pretty good claim there that this document was filed purportedly by MERS as an agent for Southern lenders' mortgage.

When Southern lenders' mortgage did not exist.

And that should be enough just by looking at the dates and showing the date that Southern lenders' mortgage went out of business.

I attempted to purchase that house via a mortgage on his influence that was declined because

There's no note, no mortgage.

Southern Lenders Mortgage through their nominee MERS

But they set the statute of limitations to exercise those remedies so short that at least in the case of real estate mortgage transactions,

He recommended that I purchase it through a mortgage.

I was unable to obtain a mortgage due to my bad credit, but in the process of trying to

get that mortgage, I purchased an insurance policy.

After I was unable to get the mortgage, the insurance policy expired.

There's no mortgage.

Cost of the mortgage?

Did you sit down and copy that deed of trust and mortgage by hand?

On a normal mortgage, you have three years to rescind.

I should have asked, how old is this mortgage?

and it has to do with the mortgage.

For instance, if you stop paying your mortgage, when the bank gives you notice of acceleration,

a false and misleading assignment of mortgage.

and he re-recorded all the mortgage documents two weeks before they filed the claim

Well, that's where we'll say, you know, Suntrust Bank mortgage beginning in 2002, and you made all these payments,

interest by producing some kind of proof, for example, that they actually have the mortgage

because there was a fraudulent assignment of mortgage in my case, just like in that one.

and I guess the mere assignment of mortgage was the quiet title.

Tell me, Randy, when someone rescinds their mortgage, who owns the mortgage in loans?

When I rescinded my mortgage, they are required by law, state and federal,

to return my mortgage and note canceled back to me.

And I brought up the fraudulent assignment and mortgage first and foremost.

In all civil actions, mortgage foreclosure action shall be prosecuted by

Exactly. I own the mortgage and note.

when you rescind a mortgage for any loan, they are to return the security instruments

Partly. First, we have a fraudulent assignment of mortgage.

Have you filed a quiet title action to the assignment of mortgage?

Mortgage IT says that they did the assignment.

That's who City Mortgage says did the assignment.

Mortgage IT.

Where does Mortgage IT get standing to file something in the record?

Mortgage IT.

The only one you notice is Mortgage IT.

Merge acted for Mortgage IT.

You petition, when you file the quiet title, the only one who should get noticed is Mortgage IT.

The second is because they stole my mortgage documents.

and I paid so much to the servicer over the series of years that I paid on my mortgage,

Your original loan was with IT mortgage.

Right, mortgage.

And there is an assignment from IT mortgage in the record

where someone purports to act for IT mortgage and assign the mortgage to somebody else.

But IT mortgage will testify that that is fraudulent because at the time they didn't have anything to do with this note.

Okay, but IT mortgage, they're the ones who issued the note and if this assignment is bogus,

That's back to IT mortgage.

Not the only one left is IT mortgage.

The thieves and the only one that has responsibility under the rescission is IT mortgage.

You go look in the public record and the public record says IT mortgage holds it.

When the court said that Sandy May owns the loan and that City Mortgage transferred it to Sandy May in 2007,

If IT mortgage doesn't file within six months, then Sandy May can never transfer it?

When mortgage IT transferred it to City Mortgage and two days later City Mortgage transferred it to Sandy May,

If IT mortgage did not transfer to anyone else, to Citi mortgage or whoever,

then Citi mortgage can't transfer it to Fannie Mae.

And mortgage IT had put into the record the MERS Milestone Report and Min Summary.

Okay, I was digging through it today, and anybody who has a mortgage, you should absolutely

It's a real estate contract, not a mortgage.

it is not a traditional mortgage with a note.

of lien, assignment of mortgage was fraudulent, and on that basis award damages. The jury

to properly, I'm going to pop up, properly securitize the Wolf's mortgage loan using

requirements of the mortgage loan purchase agreement and the pooling and service agreement,

as witnesses, both of whom are employed by Carrington Mortgages Services LLC. The jury

note, it did not own the mortgage loan because it was never securitized into the Carrington

Mortgage Loan Trust Series 2006 NC3, over which Wells Fargo serves as trustee. The jury

I subtracted that from the original principal. His mortgage note went to zero at payment 240.

That's all I'm missing because I did put a number in there what would be related to the actual regular payment of the mortgage within the 30 years.

The servicer in 2013 files, like 13 days before the suit was filed, before the foreclosure suit was filed, they file a corporate assignment of mortgage.

Okay, so do. To formulate a question and get your insights, I have a servicer that prepared a corporate assignment of mortgage.

However, in this particular state, there's a Supreme Court ruling three years prior to this corporate assignment of mortgage that says

So essentially what I have is a dead man filing a corporate assignment of mortgage through a servicer

Yes, for the most part. I mean, the mortgage itself has MERS on it.

because of the forged and fraudulent assignment of mortgage, number one.

Number two, the rescission and cancellation of the mortgage loan.

void documents, which are not the property of city mortgage, but the property, stolen

property of respondents and the mortgage loan no longer exists.

In order the original note and mortgage be returned canceled to respondents, quiet the

title to the subject property from this mortgage is requested in counterclaims.

Under what operation and law and circumstance did the mortgage and note become resurrected,

The whole issue here is the mortgage doesn't exist.

How can they purport to enforce a non-existent mortgage?

of mortgage with subsequent reliance upon canceled mortgage documents, the stolen property

Respondents demand this court order the production of the original note and mortgage be returned

criminal law on the theft of the note and mortgage under 18 PACS3921A, an attempted

The first one would be my note was also assigned to mortgage IT.

But it was assigned to mortgage IT right at the signature line.

So in other words, as if mortgage IT had been the original money lender to the note.

who should be the party to have standing in assigning the mortgage to new entities or to the next person in the line?

Well, who, I mean, who would have the authority to enforce the mortgage?

then whoever currently holds the beneficial interest would have authority to enforce the mortgage.

but they don't necessarily have a right to enforce the privilege granted in the mortgage.

Okay. If they breach any tenant of the contract, of the mortgage contract,

Yes, they did, but they did not receive the assignment from mortgage IT.

Is that what it says? See, some of them say that MERS acts as a mortgagee.

Okay. Do you have evidence that the mortgage was transferred to someone else before that was with it?

where MERS gets assigned from Company A, and mortgage IT is nowhere in that line of assignments.

it says pay to the order of mortgage IT.

Okay, so it transferred immediately to mortgage IT.

And from that point on, mortgage IT disappeared from the CD record.

Only All Star shows on the CD record as assigning the mortgage to MERS.

then MERS can't act for mortgage IT.

Mortgage IT can't do anything.

I'm sorry, not mortgage IT.

Whoever it is, they own the entire mortgage, and they also own the servicing rights.

So as soon as that note was endorsed to mortgage IT, then Cold Star or Lone Star, whatever, became the servicer.

But then, Randy, wouldn't the second company in the line, which is mortgage IT,

wouldn't that company get any interest on this note automatically in order for mortgage IT to be the one to assign to Merge or not?

The question here is when an assignment was done, what did mortgage IT have to assign?

So if mortgage IT has subsequently negotiated this note into a trust, which is most likely what's happened here,

then mortgage IT did not hold it either.

Mortgage IT, they had a stamp assigned to another bonus company that has just a name out there and doesn't really show up anywhere else.

And I was wondering if MERS did get it correctly from Mortgage IT, but I understand that Mortgage IT basically bought the servicing rights and not the actual...

Well, Mortgage IT was, the note was endorsed to Mortgage IT.

But when Mortgage IT endorsed it to somebody else, if Mortgage IT didn't become the servicer, then they had no more interest.

My question was on that first assignment from Lone Star to MERS, if it was correct that Lone Star assigned that to MERS, or it should have happened from Mortgage IT instead.

So you're saying there's an assignment from Lone Star to MERS or to Mortgage IT?

For three months, MERS was the deported owner via note and mortgage.

So my question was basically based on the idea of Mortgage IT if they had received the right to be assigned that to someone else or not.

The only creditor in the bankruptcy was the holder of the mortgage.

with the other banks taking on the mortgage without assignment.

And she got the judgment against her based on the fact that it's not a crime not to record your mortgage.

But if you don't record, you're shooting yourself in the foot because you don't have interest in the mortgage.

Now, was this the private mortgage insurance or hazard insurance?

The private mortgage insurance.

which is a point that was brought out in Nancy Becker's case, because since she was not an owner of any of the mortgages she was making these claims to,

Well, they have a mortgage recorded in a recorder of deeds office from the bank that was closed,

where the bankruptcy court has already decided this mortgage has been unsecured and therefore was dischargeable under Chapter 7, which means it carries no lien.

You just have a mortgage now that is a worthless piece of paper because it carries no interest.

It doesn't matter if the mortgage is not properly filed in the record, then it doesn't matter what you have.

I can't help but look back at my mortgage agreements or contract, however you'd like to look at it.

So hopefully, looking at that, looking at how fraudulent on its face the mortgage assignment is, I'm hoping that's an apparent issue that he won't have a tough time making a decision about.

and credit card companies that they do about mortgage lenders.

There's a lot of corruption in the court system protecting lenders of mortgages.

And I had talked to the closing company and I even talked to the new mortgage company

that you had paid off your mortgage and all of that?

who are the banks, the lenders, the mortgage holders, whatever, okay?

And this is because I rescinded my mortgage five years ago

I've worked with folks that have had land issues, mortgage issues,

Jeff's group, that Jeff that was just on here, they do a lot with mortgage stuff.

And one of the things on the mortgage stuff is,

I had a case out of Minnesota where this couple filed suit to enforce rescission in a foreclosure issue in a mortgage.

I have a question concerning mortgage reassignment or mortgage assignment.

I closed on a mortgage on November 25th of 2015, and they said it was going to be reassigned or sold or what have you.

And I was instructed to make my first payment to this originator of the mortgage by January 4th.

I got a letter in the mail from another mortgage company saying that they now had the mortgage,

I checked with the land records, and the originator of the mortgage had filed with the land records here in Montgomery County.

Now, here it is in January, and this new company, mortgage company, has not filed the assignment with Montgomery County.

Well, you know, and I got a note from the originator of the mortgage saying, hey, we assigned this to this company,

and I talked to the mortgager, the guy that had done it and he said, okay, we'll just pay me.

But I guess apparently I signed, took my mortgage out under the old rules, whatever that means.

You know, I do evaluations of the public records for people with mortgages.

And if you have a mortgage that's before 2013, they are always a mess.

the Townsend's took out a mortgage with Wells Fargo.

There's no release of mortgage on the record.

Yeah, it's possible that they got a short-term mortgage and paid it off,

but I'm wondering if they have a mortgage on this place

The record, if there is a mortgage and there is no release of lien,

then the mortgage is still valid.

No, not yours, the one where they apparently took out a mortgage.

was done by Bank of America Home Mortgage

Bank of America Home Mortgage is not Bank of America NA

Bank of America Home Mortgage, who the heck are you?

That Bank of America NAA was the lender and Bank of America mortgage

Residential mortgage or whatever it was, was the one who did the transfer

Like I go to the court and say, your honor, I have this company, Bank of America Home Mortgage

But there's nothing in the record to show that Bank of America Home Mortgage is ever had to ever own this note

And the other side's going to say, well, Bank of America Home Mortgage is a wholly owned subsidiary of Bank of America NA

But according to the case law, Bank of America Home Mortgage is not Bank of America NA

And we have exactly that case on Chase and Chase Home Mortgage

Chase Home Mortgage is a wholly owned subsidiary of Chase Bank, but it is not Chase Bank

But now we want to know how Bank of America Home Mortgage got this thing

And was involved in the mortgage industry

or mortgage assignment or promissory note assignment.

I have a first mortgage I haven't written agreement with,

The first mortgage company sent me a note saying

that they have reassigned the mortgage servicing.

The new assignee, the second mortgage company

of the mortgage.

Wait a minute. Is your wife on the mortgage?

a mortgage a security instrument after the debt has when there is no existing debt

uh attempting to enforce the mortgage instrument after the debt has been discharged

believe i am not familiar with it well they i i saw on a mortgage uh news that they were

a stay to continue to foreclose when they couldn't support a claim to have owned the mortgage

they hadn't they had filed an assignment of mortgage at that point have you challenged the

of the mortgage um who was signed by when it was signed um nothing nothing appeared to to flow as

it should have and the dates of the mortgage the payment the settle the date they were all different

purports to transfer a mortgage from one party to another and the document doesn't

okay accurately describe the mortgage then that should be enough to get that document ruled

with world savings and indy mack being on our homeowner's insurance as the mortgagee

and the fact that indy mack was indicted for having mortgages on its books that had no

holding our mortgage for a year and changing the loan number so i'm not sure if that has any

impact on what happened to our mortgage or how our mortgage went through that

as a trustee for jp morgan chase they were the party that was assigned this mortgage by this

I thought that's what we were talking about was rescission, not the rescission of the mortgage.

Hello, Chris, how are things going with your mortgage issue?

Pennsylvania is merely making conclusion that if a bank is holding a note or a mortgage rather

That they have just cause to foreclose whether it's good mortgage assignment or not

Or even making these assumptions one that they have the note and mortgage in their name

Even though they purport to saying they have the note and the mortgage

Is giving favor to the person holding the mortgage

Then the mortgage contains no claim

Okay, so your position now is that you have filed a quiet title action against the mortgage?

And in the meantime you're running the quiet title action against the deed of trust, the mortgage in the background

Because the mortgage wasn't paid

But her thoughts are because Wachovia Mortgage Corporation still has a website up

That Wachovia Mortgage Corporation is still in existence

Wouldn't be a good thing because she thinks Wachovia Mortgage Corporation is still in existence

Administrators has no nothing to it. It is merely a hotline phone number to Wells Fargo Home Mortgage

I want a quiet title, I want the mortgage zeroed out, and I want the consideration I

paid in the mortgage because of the tiller and the legal fees paid.

America's Wholesale Lenders as a mortgage lending company never existed ever.

In 2010, there was a set of corporate papers filed under mortgage wholesale lenders.

But this was a bunch of guys that figured out that mortgage wholesale lenders didn't

And then they had people send in their mortgage documents to these guys, and they were throwing

Mortgage wholesale lenders was never registered.

to the holder of the note and mortgage.

had like a half million dollar mortgage, whatever the case was, America's Wholesale Lender,

They gave him, they zeroed out his mortgage, quiet titled and gave him all the monies that

mortgage back.

That this mortgage is illegal, that America's-

Well, I think that I'm entitled to get this mortgage went down.

Was it Wachovia Bank NA, Wachovia Home Mortgage?

Wachovia Mortgage Corporation was the originator of the loan, and we have...

Does Wachovia Mortgage Lenders still have a corporate presence?

Then Wachovia Bank NA is not Wachovia Mortgage Lenders.

Wachovia Mortgage Lenders definitely exist.

Austin, and he addresses Chase Bank NA and Chase Home Mortgage, and he said that while

Chase Bank Home Mortgage is a wholly owned subsidiary of Chase Bank NA, Chase Bank Home

Mortgage is not Chase Bank NA.

So if Chase, if Wachovia Home Mortgage is not, doesn't have a corporate presence, then it

But Wachovia Mortgage, Wachovia Home Mortgage would almost certainly be filed with the federal

mortgage or homeowners insurance was stating that we went through some servicing changes

Mortgage Corporation to Wachovia Mortgage SSB.

And in that servicing letter at the very bottom in fine print, it states that Wachovia Mortgage

Corporation as of this date has become Wachovia Mortgage SSB, no longer exists.

It said it changed its name, will be changing its name to Wachovia Mortgage SSB.

But one, it no longer can do business as Wachovia Mortgage Corporation.

But the other company still held the mortgage that was in the previous company's name.

What it doesn't make sense to me is if they changed their name to Wachovia Mortgage SSB,

to Wachovia Mortgage SSB, wouldn't the name of the bank making the assignment be Wachovia

Mortgage SSB if that came five years later?

Wachovia Mortgage Corporation couldn't be the bank making the assignment.

Well, I wanted to get your opinion on, well, first, I filed a rescission of the mortgage

Okay, is the trustee, the trustee named on the mortgage instrument?

The original lender was Southern Lenders Mortgage and they went out of business even before

trial is one, I want the mortgage to be zeroed out and we can talk about that if you like.

How old is your mortgage?

And they actually said that they don't actually hold any of the notes or mortgages.

That's what they were saying, the mortgage, the note, the security interest in the property.

mortgage for the borrower and your artful vagueness, I was wondering if maybe the contra

preferentum ambiguity of things that are written in your mortgage, for example, where it states

that everybody's mortgage or E tells you that the borrower lawfully has the right to warrants

this transaction and can't fight the fact that your mortgage may be assigned fraudulently,

the mortgage assignment because that's kind of where my issue stands with my assignment

my wife can't execute the mortgage to MERS, only the bank could do that.

defeat my claim so I can protect my collateral. That's a mortgage. You technically in a mortgage,

you transfer legal title to the property to the mortgagee. So you transfer legal title

Deed of Trust anymore. Now it's a mortgage. Okay. Did that make sense?

And if the, it's a mortgage with a extra privilege. The difference between a mortgage and a Deed

of mortgage.

And this assignment of mortgage is very interesting in that what it essentially has is it's saying

that the assignor in this case is Mortgage Electronic Registration Systems is nominee

He's going to be jumping up and down. Now they have something more important to worry about than your mortgage.

And apparently, Pennsylvania is not a deed of trust state, but is a mortgage state.

Yeah, this is a mortgage.

Do you know if your mortgage is labeled the 3039 Uniform Instrument form 3039 or Uniform

bank is saying that they have a mortgage and a note.

And the mortgage which was in her and her husband's name

Who is plaintiff relative to the mortgage contract?

Wait a minute, is this a mortgage, is this the mortgage that was foreclosed on or is this one that's still in place?

Oh, no. I have a mortgage that was foreclosed on.

Okay, let me help you discover some. At closing on the mortgage, the lender put in front of you a HUD-1 settlement statement that contained a set of fees.

And he said that they subtract the mortgage insurance from the original principal on the truth in lending.

And that's what makes the mortgage amount less.

And then they increase the interest of the payments to recoup that mortgage insurance amount.

MetLife assigned the mortgage to JP Morgan Chase.

This document says that MERS is the beneficiary on the mortgage.

If the trustee doesn't hold the legal title, it's not a deed of trust, it's a mortgage.

and this letter is to give you notice of a pending purchase of your mortgage by JP Morgan Chase from Government National Mortgage Association.

I don't see Government National Mortgage Association in these capital records anywhere.

So this gives us reason to believe that the lender failed to give notice of a transfer of beneficial interest to Government National Mortgage Association

Right. We're not saying there isn't a mortgage. When I wrote this particular document, it was for someone else who was helping a third party.

Take out a second mortgage and you could be on your way.

Take out a second mortgage and you could be on your way

bank and the assignment they took was the construction loan and not the actual mortgage

than the mortgage assignment.

the mortgage is extinguished.

without assigning the mortgage to another entity.

Her health failing, she couldn't pay the mortgage.

There's no mortgage.

countered with a response that the bank actually didn't take the assignment of the mortgage,

So in essence they took no assignment of the mortgage and now the judge is giving the bank

she signed it to determine that the actual docket number of the mortgage was what was

ability for a servicer or credit or debt collector to take an assignment of mortgage while in

from a bank that's been closed since 2008 a mortgage and they assigned themselves the

and then I went back and looked at a section I was looking to see if this particular mortgage

transfer of the property and that if it's a mortgage state it's okay is Pennsylvania

a mortgage state or deed of trust state Chris mortgage state okay then the second part wouldn't

the property to the trustee in a mortgage it will transfer the property to the borrower

know I'm confusing everybody so let me explain a deed of trust first and then I'll do a mortgage

language in there you guys were in a mortgage contract in a Fannie Mae Freddie Mac uniform

instrument with MERS even a mortgage contract has that same language in there the difference

between a deed of trust and a mortgage is the property is not transferred to a trustee

contract is transferred to MERS and not the lender mortgage is a little different I probably

or four years of research to realize I didn't miss anything this deed of trust and mortgage

know this is a real easy concept to grasp you have a claim under a mortgage that's under

allows the bank to render another mortgage and go through the foreclosure process again

If you want me to, I'll come and put an assignment in the record and assign the mortgage to your

point, so I think I'm doing okay on that and here's a question, sub-mortgager or second

mortgage, my mom actually held a second mortgage in this case, I would think that she might

of mortgage while in default?

In your case, right now, if the judge rules that they have the wrong mortgage, then there

is no servicer for the correct mortgage.

mortgagee and that's the only thing standing because the debt was discharged in bankruptcy

I would suggest you file a, have you filed a quiet title action against this mortgage?

Well, there isn't anyone that we can think of because no one's been assigned the mortgage.

The mortgage is probably covenant 15, 14 or 15, is the severability and controlling law

of Deeds has to have an updated record of all parties interested in the mortgage itself.

Right, so they can't do mortgages, they're not allowed to do investments, I mean the

assignment of mortgage that's a statutory forgery, that the lender did not have, the

assigning lender did not have any participation in the assignment of mortgage and approved

it by their own mouth and mortgage electronic registration system.

to do with the assignment of mortgage.

Because they, the defendants, that's us, owned the mortgage and note by operation of law

of TILA is not permissible counterclaim in a mortgage foreclosure suit.

include the lender, you know, the owner of the mortgage loan and because of the forgery

that mortgage IT stated that they had no participation in the mortgage assignment.

Well, it seems there's another mortgage that was entered into after the rescission, after

the respocation of mortgage, because after we rescinded, we allowed for a year and then

we put in a revocation of mortgage, that we revoke the mortgage, we had rescinded it,

Then we got another mortgage.

So what's going to happen is we're going to have the other mortgage file a quiet title

Now, okay, this is a subsequent mortgage holder.

You rescinded the original mortgage, so the original mortgage should have disappeared.

Yeah, a quiet title to the second mortgage holder.

No, the second mortgage holder is going to file for a quiet title shortly.

How does the second mortgage holder have standing to move to quiet the original title?

As the first learned mortgage holder.

the safe side before we even consider getting another mortgage.

So when we gave the other mortgage, it was with the understanding that was rescinded

So yeah, and now because you got a second mortgage, now the original mortgagee is subject

The sign wasn't recorded until three or four years after we got the second mortgage.

of TILA is not a counter claim and a mortgage foreclosure action.

mortgage in the first place.

But I'm also charging him in a way, let me find the page here, that he failed to issue, it said the court failed to be faithful to the law when the court, as accomplished after the fact, failed to issue warrants for the arrest of the plaintiff and learned counsel for criminal forgery two counts, for tampering with public documents, for theft in the failure to return the canceled note and mortgage under rescission law,

attempts of theft of real property, knowingly using a forged document in the form of assignment of mortgage to attempt unlawful foreclosure, following the response of the defendants in the preliminary objections and amended response to complaint.

The sitting mortgage and the plaintiff, the representative attorneys were involved in related cases and are and were aware of the forgery. And the plaintiffs, the pleading of the defendants were very clear of the crimes committed and attempted and the court did nothing.

Okay, you've got to look at throughout the country, you have all these mortgages and deed of trust that are filed that contain these burbages that they're going to commit to crime.

And that's what I'm trying to tell you is on the mortgages and the deed of trust,

mortgage issue and there's a man and wife involved and only the wife was on the lawsuit. It

Uncompatible contract and adhesion contract. Look at the data trust or the mortgage and you

And the reason he has no jurisdiction is because there's no mortgage.

They're bringing in a forged assignment of mortgage.

And then we have the rescission where I own, my husband and I own the mortgage and note because it was rescinded without objection filed.

who I thought was a knucklehead, filed a copy of the mortgage so it's not original in the case.

So what we find out is that we read the mortgage and the note

and he asked her to look at the note, the mortgage and this power of attorney.

expired because of, you know, if they wanted to refile with the original copy of the mortgage, which I think is void anyway, you know.

Okay, that's what I wanted to make sure of because I think, if I remember right, Pennsylvania is kind of a mortgage state and kind of a deed of trust state like Massachusetts.

Or is it totally a mortgage state?

but he's got a mortgage or loan modification department that a legal clerk is in charge of, and she's in charge.

Okay, we are back. We're in Kelton, Rule of Law Radio, and hi. I've been doing this show a long time, and I talk to a lot of people in the mortgage.

The mortgage assistance area, and what I find is mostly people who are very well-meaning, surprisingly knowledgeable, and able to give a lot of assistance.

You're not saying there's not a mortgage on your property.

And one of those opinions is Covenant of Brushes Longin that the mortgage follows the note.

The mortgage follows the note.

Covenant of Longin establishes the presumption that the mortgage follows the note.

And that's why in Covenant 21 it says the mortgage or the deed of trust is to follow a partial interest.

That separates the note, that bifurcates the note, the mortgage and the note,

It consists of two contracts, the note and the mortgage. The mortgage needs to be taken care of.

No, we're talking about the mortgage.

And you can see that there's a note in the mortgage that says,

contracts, the note and the mortgage, that are signed at the same time.

Okay Chris, what is, it seems like if we're talking about assignments, the wrong issue is before the court. The issue before the court should be that these guys are forbidden to try to enforce the mortgage.

If you purchase a property and you get a mortgage on it and then I come and purchase the property from you and buy the mortgage from me and you assign the property to me, do I hold an original?

Right. So that would be the mortgagee.

They made a claim from Wachovia Bank who had been, you know, out of business for several years and the mortgage assignment took place three days before they filed it, long before.

And from my understanding, what she's been telling me is that a mortgage state, you can file anytime when you're in foreclosure. In a deed of trust state, you have to wait until the foreclosure is finished.

But I've never seen a difference in that regard between a deed of trust and a mortgage state.

But as far as mortgage or deed of trust, it shouldn't make any difference because this merely goes to a claim against the property.

And my theory was that the mortgage follows the note and the assignment of mortgage in note has to be from that same person who's assigning the mortgage.

If they're moving the mortgage around and not the note, then they've separated the mortgage from the notes.

The recourse toward my lawyer for if this gets adjudicated that her not filing a brief is the reason I lose this mortgage.

that the debt has been discharged under Chapter 7 with no assignment of mortgage.

They're not involved with the note of the mortgage.

when they've taken the assignment of the construction loan and not the mortgage?

different houses. I think it had mortgage in the title. Do you know which one I'm talking

Right. So in an unsecured debt dischargeable in bankruptcy with no administration or administering of by the trustee that leaves only the mortgage unsecured.

Unsecured and you have the bankruptcy code that forbids the lender from trying to enforce an unsecured mortgage.

My attorney claimed that the bank did not take the right assignment of mortgage to the to the judge. And when they had their argument on December, so he gave her two weeks to file a brief.

The fact that they took the note endorsed in blank from no one. They haven't made a claim as to how they got the note. Normally, the mortgage assignment makes reference to the mortgage and the note being assigned to the bank.

This assignment only assigns the mortgage with no indication that the note was assigned. So the mortgage.

Okay. And the mortgage does not follow. I mean, the note does not follow the mortgage. The mortgage follows the note.

So in this instance, with no note assignment, the bank is making a claim that they hold the original note. And I always bothered an oxymoron if you're telling me you're endorsing a note in blank and the original mortgage was endorsed and you're making a claim to holding the original mortgage, how does anyone logically understand what you just said?

I have probably looked at a thousand foreclosures, a thousand mortgages.

If the bank assigns themselves the construction loan and not the actual mortgage,

So the next mortgage assignment, the addendum to the mortgage,

which is the mortgage which they did not assign themselves, has not been assigned,

The assignment, was this an assignment of the construction loan or assignment of the mortgage?

and there's nothing before the court concerning the mortgage?

Right, or the wrong mortgage assignment.

and they're suing to foreclose on that and not the actual mortgage.

about the fact that the assignment is not the assignment of mortgage,

and their brief was basically the fact that they hold the mortgage and they hold the note,

but the note never was assigned with the mortgage because it was discharged in bankruptcy,

so they're making this assignment of mortgage what they're suing on, and they have the wrong mortgage.

the wrong mortgage assignment, based on nothing else we've heard,

because they don't have subject matter to hear because it's not the correct mortgage assignment.

Filing on the wrong mortgage in this court, is it before the court?

was the construction loan and not the mortgage, which is the mortgage.

Well, but they can't. But while these morons are arguing in court over this issue, the real mortgage is timing out.

Well, the real mortgage is sitting with Wachovia Mortgage, who is no longer in business.

Right. Which also brings up the fact that if the courts, if the bankruptcy court ruled on a motion to lift the stay based on the wrong assignment of mortgage,

did they actually lift the stay for them to foreclose on the already paid construction loan or did they lift the stay on the only mortgage out there?

So the bankruptcy court ruled the wrong decision by allowing them to lift the stay on a construction loan that's already been paid off when the actual real mortgage was discharged in bankruptcy without an assignment of that.

Oh, okay. Hold on. So you brought the real mortgage to the bank, to the bankruptcy court.

Right. So the bankruptcy court ruled on your mortgage and discharged it.

Well, the only mortgage that could have been discharged in bankruptcy was the one brought before the court, which is the mortgage we were paying on.

Right. Oh, wait a minute. No, you claimed it as unsecured. So you didn't bring a mortgage before it at all.

So what was filed in the court concerning a mortgage that their bankruptcy court could look at? Did you file something?

No, the only mortgage the court could look at in bankruptcy was the mortgage that was we were paying on.

OK, wait, if you filed unsecured, then did you present that mortgage to the court as an unsecured debt?

I'm sorry, this note and this note is unsecured. And that's the mortgage.

There was also a note attached to the construction loan. So there was also a note addendum that went with the correct mortgage that was never assigned.

If they assigned the mortgage of the construction loan, they would have been assigned the note that went with the construction loan, which was already paid off.

You're not talking about the mortgage loan, you must be talking about somebody getting something else

No, I'm talking about the mortgage loan

You're a first party on the mortgage loan, how are you a first party in a third

When the lender is acting in the capacity of a mortgagee, mortgage or,

I've heard this a number of times and the thing I could never get put together was how money had anything to do with the mortgage law

Have you pulled all the documents from the county recorder's office concerning the mortgage on your property?

I have probably looked at a thousand mortgages

And I see a mortgage on the deed of trust

Is it the same entity who wrote the original mortgage?

If it is, if it's not, is there a direct line of assignments from the original mortgagee

Now, if there is a direct line to the current mortgagee

the bank just kept coming back, well, we hold the note and we hold the mortgage, but they

could never prove that, because the mortgage assignment only assigned the mortgage with

So they have this note endorsed in blank with no assignment on the mortgage, and they're

No, they're not even mentioned on the mortgage.

They don't have an assignment of the correct mortgage.

because we have several mortgages assigned on our homeowners policy as having been mortgaged

the mortgage?

Right, that's what I was thinking about the fact that if we just claim that the mortgage

If you're bringing, if you're saying that the owner of this mortgage or note or whatever

us they have no idea what happened or how this mortgage was originated based on the

and the mortgage.

They have an endorsed note in blank and it's not mentioned on the mortgage the note was

It just makes mention that the mortgage, which secures a debt of this, has been assigned,

which is not saying that the debt was assigned, it's just saying that the mortgage holds that

The $5,000,000 that is owed by the lender, what does that have to do with your mortgage?

I have in the remit, there's 11,140 contracts or mortgages that were supposed to be transferred

I had a little issue concerning mortgages and escrow.

You want him to come to a deposition, bringing a complete validation of every debt assigned to this mortgage

so that you can depose him and do a proper accounting of the mortgage.

Okay. Okay. Homeowners insurance as opposed to mortgage insurance.

Well, when we first got it, it was through this interlink mortgage, and in less than

I take it you're up to date on your mortgage payments?

Whittaker took possession of your mortgage and assigned it to some other party?

Then there must be a presumption that since your mortgage didn't go to the bankruptcy

the holder of your mortgage, and there's nothing in the record that shows who is the proper

holder of the mortgage.

How does Bank of America claim by the public record that it took possession of the mortgage?

troop was Carrington Mortgage out of California, and by the way, they just got hit in Texas

They said that I was trying to do some type of mortgage elimination scheme, and though

the way he was thinking about the mortgage issue

The bank isn't holding the correct mortgage and note.

They're holding the construction mortgage and note because that's what they said Wachovia had assigned them.

We have a construction loan that was refinanced to a mortgage,

so we have two notes and two mortgages on the docket.

The real mortgage still sits somewhere.

and we're going to allow the bank to get their act together and get the real mortgage,

the problem with that being that the mortgage, if it's still sitting with Wachovia, who isn't in business anymore,

they gave up their right to the mortgage when it was discharged under 10%.

he would have seen that the bank is not holding the correct docket mortgage in order to foreclose.

You're not holding the correct mortgage.

You don't hold the right mortgage.

And what I'm assuming that that means is that they're going to go get the correct assignment of mortgage.

So you don't think that my issue with the bankruptcy kind of falls either way with the ruling of abandonment of the mortgage,

how would it be possible for them to get an assignment of mortgage from a bank who didn't have business anymore, number one, but yet in Chapter 7, since they didn't administer anything?

And was that notice, did you receive a notice on the proper mortgage or only on this one?

Only on this one. This is the only mortgage they've held since they've established themselves as taking the assignment during the bankruptcy,

which I'm assuming they did because they realized that Wachovia wouldn't be able to come as a creditor to make a claim on the mortgage since they're not in business.

It was the actual mortgage.

In Pennsylvania, they have a ruling where the mortgage is still the claim on the mortgage is still good in a chapter seven.

So since the real mortgage was sitting with.

Yeah, the bankruptcy code that forbid the lender from attempting to enforce a deed of trust behind a discharged mortgage.

But since they came in with what I can see where their position is, the mortgage was extinguished, but not the construction loan.

But the only time that has any credence is where a mortgage may have been transferred,

a mortgage or a debt transferred between various parties and where the indication is that there

There is no enforceable mortgage or valid assignment of enforceable mortgage, no joined

indispensable party, no proof of plaintiff's equitable interest in the mortgage, and it's

on your mortgage.

So we wanted to find out from our mortgage company how we could pay this off before we

canceled the mortgage yet but they came after us for a foreclosure.

owned the mortgage and who did not own the mortgage and then I filed for quiet title

They never assigned the mortgage to anybody so when we found out that Fannie Mae owned

the mortgage and they were not going to put their name in the county records we just filed

to City Mortgage.

Now when they did that I accused them of fraud because City Mortgage had been saying all

along we don't have any interest in your mortgage, we went out of this and then the next day

after they went to court the next day the assignment of mortgage was created from them

to City Mortgage so I charged them with fraud, you know I amended the complaint, I did everybody

So they came back and said we had nothing whatsoever to do with the assignment of mortgage

document in court by the assigner of the mortgage that they had nothing to do with it.

So when they threw it out of court before we got out of the court of appeals the mortgage

You've got a forged assignment, a mortgage by five counts.

city mortgage.

So I don't know whether it's with prejudice against a city mortgage only because they're

You know, I mean, as far as in the federal court with city mortgage, they were in the

The RICO suit was almost the attorney except, like I said, except for city mortgage.

So when MERS transfers, does an assignment from you to somebody else, he transferred the beneficial interest that you had in or he transferred the interest you had in the mortgage to somebody else.

people. You know, the guy's got three kids, he's got a mortgage, he's got a boss who gives

business and that the seven transfers of the mortgage still survived authority and standing

specific are you referring to a lack of standing to challenge an assignment of a mortgage

challenge an assignment of a mortgage uh yes he is referring to that okay um see it

mortgage securitization or to seek a determination as to the validity of a loan assignment based on

A lot of folks think when you stop paying the mortgages,

how all the banks and everybody has gone through all that mortgage fraud,

How many people could come back after I paid off my mortgage?

the mortgage and giving them a summary judgment when there is subject matter here to be discussed

loan and not the actual mortgage.

You want to pay off my mortgage for me?

that a mortgage note is for a house, okay?

that I see that actually shows that the assignment of mortgage in this case

can determine who owns your loan and has the right to collect on your mortgage.

including Wells Fargo and J.P. Morgan Chase, generally would not keep the mortgages

Instead, they would sell the mortgages to other banks who would package them

These securities failed when the underlying mortgages went into default.

It was impossible to trace the majority of the mortgage loans on over 300 homes

given that the mortgages were securitized and traded.

The lenders put together these mortgage companies that would write these predatory loans that were very profitable

and then sell them to the bank at a loss so that the mortgage company,

they're selling them to the bank at a loss so that the mortgage company winds up going bankrupt

And because of that, you find these mortgage companies during the height of the real estate bubble

because before they went out of business, they had to transfer their claim in the mortgage to another party.

Is there a notice of assignment by the liquidating trustee notifying you of who the trustee assigned your mortgage to?

And I also have recorded a mortgage lien from a trust I have against me.

JP Morgan Chase, I get this loan and I pull all the records and I forget who the original lender was, some funky little mortgage company.

That means it's not a deed of trust. It's a mortgage.

You've been living in this $300,000 property for seven years without paying a mortgage,

So in this calculation, I get a claim against the lender in an amount in excess of the original mortgage.

strategy, this scheme for using residential mortgages as an investment package.

in residential mortgages, this is a perfect combination.

You sell the mortgages to the investment plan, it's a perfect marriage problem.

Well, in 2006, we mortgaged 100%.

They were suing them over a bunch of mortgages and they're trying to figure out who actually

held the mortgage.

and its thousands of employees could not figure out who actually owned the mortgage.

mortgages.

So you got this guy coming here saying, oh, I hold this mortgage.

Did the assignment assign the mortgage to Wells Fargo or did they assign it to somebody else?

Okay, we do have mortgage electronic registration system, Inc.,

So how did mortgage electronic registration system act on the behalf of FMF?

he was just on earlier, and we spoke about his. I looked at his. I've got a mortgage

And this was the first case I had come across where the courts ruled that violations of laws relating to the mortgage instrument did in fact violate the covenant of the deed of trust.

It was a motion to strike the response of the people that answered the complaint because they had no interest whatsoever in the property where the mortgage was deducted.

For instance, we file for declaratory ruling saying that when mortgage company X went out

mortgage electronic registration systems purports to act as a agent for this no longer existing

mortgage company that mortgage electronic registration system lacks standing as an agent

Southern Lenders Mortgage was the original pretender lender who is now out of business.

Is there an assignment from Southern Lenders Mortgage in the record

transferring their asset, the mortgage, to a third party?

That's a really focused argument. It has nothing to do with whether you're paying a mortgage or not paying a mortgage.

At the time this company went out of business, was your mortgage an asset of the company?

So if your lender goes into bankruptcy and you don't find an assignment of your mortgage to a third party prior to the time they went into bankruptcy,

Okay. So this is a private contract and it's not a residential mortgage.

Was J.C. Morgan Chase the original lender on that mortgage?

And so here's how we do it. You look at who is the original lender on the current mortgage. The current mortgage. That's the only one you care for.

Now, you mean in terms of who's... Well, they've had the mortgage for about three years, but it's Aquin. It's Aquin.

Who was the holder, the original lender on the most current mortgage document?

Now you look for an assignment. The only thing you really care about at this point, mortgages, assignments, or deeds, mortgages, assignments, deed of trust.

There won't be a trustee's deed. The only thing you care about, mortgage assignments.

Oh no, you're in a mortgage state so you don't even have those.

Mortgages, assignments. You've got one mortgage which is the last mortgage your parents got.

You've got the original mortgage and then you'll find an assignment by MERS.

So this original mortgage company was a person under law, and then the person died.

She was with IndyMask and she could never get a hold of who she was sending her monthly payments to, to pay the mortgage.

The Covenant says they will abide by all law. You went into this mortgage based on this agreement.

We actually qualify to pay the mortgage, but there for some reason,

due to her situation with her mortgage history and the wrongdoing.

But my question is now, I had an analysis done on my parents' mortgage history recently.

Do you have the original mortgage?

The original mortgage was in 2008?

Is that the original mortgage, basically?

The last mortgage is the one I want to see.

stipulated that the property that the mortgage against the property was secured and so why

mortgage and they stopped and sent me the payment back and told me that I had the wrong last four

Social Security number and put it back on the mortgage my mother had been deceased for 22 years

that they took a mortgage out in 2005 the time that they took out the mortgage my brother had

going along he became blind from the written of disease they gave him a mortgage in 2006 August

they turned around and gave him another mortgage December the 6th 2006 they gave a mortgage to a

me ask some questions to set up the mortgage so the most current mortgage was not a purchase loan

let me explain this when he originally purchased the property and he got a mortgage that was a

purchase loan mortgage and then when he got a refinance said there in 06 there was a refinance

the lender in the 2006 mortgage it was Jackson and trust now is community New York community

understand what that means explain that okay okay the original lender held the mortgage the

original lender can assign the mortgage to somebody else they can give it to somebody else and that

these mortgage companies and these mortgage companies would write these predatory loans

profit in this loan and then once the mortgage company has lost enough money they close that

mortgage company down bankrupt it and open up another one it's a tax scam okay but that works

in your favor because what I was looking for here is did the original lender who held the mortgage

lawyer brought and they had two mortgage companies on the foreclosure they had taxes and M trust

in Austin Texas and the magistrate's name was Austin Chase Bank in a and Chase home mortgage

Chase home mortgage is a fully owned subsidiary of Chase Bank in a and he said so what Chase home

mortgage is not Chase Bank in a they are not the same company even if the same people own both of

mortgage and the identity theft but he didn't okay here's the deal when you go to a lawyer

OK, is Pennsylvania a mortgage state or a deed of trust state?

A mortgage.

In a mortgage state, the lender would be holding legal title.

You can go in the note of mortgage.

on the deed of trust and the mortgage and maybe we need to show them why.

So even if my mortgage is still there and you're holding this piece of paper

that says it's a mortgage with no lien because it's been discharged

but yet you still hold a mortgage and my property is mine because it was the lien

on the mortgage, but it won't do you any good because it's not going to get any money

Overages hold different issues than the mortgage and the foreclosure.

When they refinanced, the original mortgage was done away with.

So that means I'm on some type of mortgage or a trustee,

Okay, you signed a mortgage, did you sign a lien?

Okay, so did he file a lien in the public record against the house, a mortgage?

Is there a mortgage on the house?

If you have a mortgage, there are mortgages and there are deed of trust.

Mortgage is kind of a complex term because it's used in so many places.

When you're speaking to a mortgage that amounts to a claim against real property,

mortgages are issued in judicial states where you have to go to court and sue to foreclose.

And that's a mortgage state where they have to sue you.

In a mortgage state, the trustee holds the property.

In a mortgage state, the trustee holds the...

didn't want to look at was the fact that the mortgage

the bank is claiming to hold is not the mortgage,

This problem with a mortgage being discharged in bankruptcy

was paid off when the note was, when the mortgage was refinanced,

when Wells Fargo is mentioned on the note of the mortgage

and what Covey is supposedly transferring the mortgage to Wells Fargo through MERS.

i looked at one today it was option one mortgage or something they wrote the mortgage in 2007

in 2007 they assigned the mortgage to another party in 2011 problem they went out of business in 2008

you're in new york there has to be a that's a mortgage state there has to be a foreclosure hearing

facilitator, I had the credit and so, of the mortgage and so during the loan process I'd

You claimed you have the right to enforce the mortgage on this property.

Oh, okay. So it was six years of fighting, just being defaulted on his mortgage basically.

Yeah, he's been in default on the mortgage and they stopped everything.

This intervenor claims to be the holder of the mortgage.

No, it's just a regular mortgage.

I basically visited this site in terms of lender fraud and mortgage servicing fraud,

is the foreclosure mill gets this mortgage to foreclose on.

And a lot of times the mortgage was really messed up before they got it.

Pay the mortgage.

So these companies, they would, the banks put together mortgage companies.

And they'd have these mortgage companies go out and sell these mortgages to people.

They did not care if you could pay the mortgage or not.

As a matter of fact, they didn't want you to pay the mortgage.

We have this mortgage company here.

And they put together as few as three mortgages with the same interest rate.

And then Ginnie Mae backed these pool mortgages.

And then these mortgages, they would all, one company would get together and buy a whole bunch of them.

And they put all these mortgages together in large pools.

Well, each time they filed one of these, they would buy, get private mortgage insurance on it.

Well, what's to keep the lender from taking your mortgage, changing the interest rate, and filing it again?

They get these mortgages and they sell them to a special purpose vehicle.

They want you to pay on the mortgage until it's reduced by 15% because private mortgage insurance,

the first mortgage was, private mortgage insurance was a standard insurance.

If they don't foreclose, then the mortgage company, because when they sell a bunch of these,

And if it doesn't foreclose, they're going to have to pay all of these mortgages off.

And what the mortgage company does is they then sell the original mortgage back to the bank

that actually owns the mortgage company, and they show to sell it at a loss,

so that the original mortgage is sold back to the bank at a loss.

It's a high-profit predatory loan, and the bank gets to hide all the profits in the mortgage company,

and then the mortgage company goes out of business.

When they pool these mortgages together into one pool, they then sell percentages of it to investors.

You have long-term mortgages, 30-year mortgages, and then you have long-term investments, retirement funds.

Problem, real property mortgages have reporting requirements that other types of securities would not have.

Did the original lender file an assignment of the mortgage to a third party?

The fact that they started these mortgage companies,

ran them for a while and then bankrupted them out, all the mortgage companies went out of business.

Even if that was a long time ago and they've had the mortgage for three years,

If the original mortgage was fraudulent and had improper fees in it,

or if it's an FHA loan, Covenant 15, the Deed of Trust or mortgage.

You're in New York, Troy will be a mortgage.

Yes, it's a mortgage.

The mortgage or deed of trust grants a privilege to the lender.

I do not deal in the mortgage stuff and things like that.

If you have anything dealing with mortgages and things of that nature, Randy should be

Hey, Eddie, you'll be glad to know I'm not calling about a mortgage issue.

the property to someone, didn't assign the mortgage to someone else before they went

Because then years later, when the mortgage gets in default, then Merz comes along and

which is the default, the reason why the mortgage is in default because it hasn't been paid

Okay, so even if they've had the mortgage for let's say three years, it was transferred

know, she still owes it no matter what and your parents still owe this mortgage and...

Okay, you have a right to rescind the mortgage within three days, just buyer's remorse for

But there were two names on the mortgage and they only gave one notice.

What the care code says is the bank has 20 days to either rescind the mortgage and take

up the actual mortgage documents of my parents.

Chase sells all of their mortgages.

in the state of Missouri as a mortgage servicer?

So now once you have evidence that Chase is not the current holder of the mortgage,

Chase Bank transferred the beneficial interest in the mortgage to a third party

You chopped this much off my mortgage and I'll let you out of court.

So are you still up to date on your mortgage?

into a residential mortgage? I think there was some type of language in there that

And if they're out of time, then file a declaratory judgment action against the mortgage instrument.

Missouri is a mortgage state, right? It's a judicial state. Nonjudicial. It's nonjudicial.

They didn't do it within four years. The mortgage instrument becomes unenforceable.

So based on that, you file a petition for declaratory judgment asking the court to render the mortgage instrument void.

Not the loan, just the mortgage instrument. In the deed of trust, you granted the lender two privileges.

You granted them a claim and since it's a deed of trust, if it's a mortgage state, you grant a claim.

Yeah, that's in a mortgage, in residential mortgage it does.

Okay. If there was a mortgage against the property?

No, there was no mortgage, no nothing. Just a neighbor put a quick claim on the land.

It's a foreclosure, pre-foreclosure, just two and a half months, no pay on my mortgage.

They are dead. They ran out of business in 2009, SMI Mortgage Broker.

It sounds like they just sent SMI mortgage brokers.

but you can tell it's MERS Mortgage Corp. It's Kathy Smith, assistant secretary of option one.

where they could take these residential mortgages,

Any change in beneficial interest in a real estate mortgage is required

because the banks started these mortgage companies and used them as a tax scheme.

They would sell these highly profitable predatory mortgages

and then closed down the mortgage company.

The mortgage company would go in bankruptcy and close down,

is all these mortgage companies are out of business.

Or if you can show that the mortgage was securitized into a pool,

did not hold the mortgage.

because they were using the mortgage industry

And 99% of all the mortgages they wrote,

is the exact same entity that wrote the mortgage.

Say it's Chase Bank USANA, not Chase Home Mortgage,

in fact does not hold this mortgage,

that they have negotiated the beneficial interest in the mortgage

So just because a mortgage was sold to another servicer for a few years,

They don't actually sell the mortgage to the servicer.

When a mortgage note is negotiated to a trust,

because it's profitable for companies to collect these mortgages.

as the one who wrote the original mortgage

Because I was looking at the county records, I get confused between satisfaction of mortgage.

I see that written a lot and mortgage itself.

Okay, so basically as I look on the property records of my parents' mortgage,

I notice that next to the assignments it says satisfaction of mortgage,

and then lines that say mortgage, and then ones that say assignment mortgage.

A satisfaction of mortgage, you generally find that when there's been a refinance.

They will file a satisfaction of the old mortgage and then file a new deed of trust.

There has been an occasion where I found a satisfaction of the current mortgage.

the mortgage is fully reconveyed.

So it looks like they reconveyed the mortgage, and the only one to reconvey it to was the borrower.

I do believe I saw a satisfaction of mortgage.

And then the first thing I do is look at it to see what the mortgage document number was.

an old mortgage, and replaced it with a new one.

I had additional questions in terms of how am I certain that I could move forward with the case if the current servicer has the mortgage.

in excess of the original amount of the claim of the mortgage.

We have Covenant 16 of the mortgage instrument

Cut your mortgage in half? That's not hard.

We start back at this date and knock $150,000 off the mortgage.

I cut his mortgage in half, knocked off all his back debts, and he started all over at half the mortgage.

There's a lot of leverage to be had there, but in order to do that, I would have to do an evaluation of the mortgage.

And I find a couple of entries from 2001 for the mortgage electronic registration system, Inc., America's wholesale lender

Remember years ago people used to have mortgage burning parties?

They'd pay off their loan, they'd get their original mortgage papers back and they would go burn them

And you need to be able to have a mortgage burning party, but you can't

Because somebody out there has that mortgage

They give you a warranty on the mortgage and they pay you a whole bunch of money for your trouble

And the demand for the mortgage documents, I can just do that certified mail?

what they say is, under Carpenter Longin, is that the deed of trust follows the mortgage.

Carpenter Longin would say, if you are the holder of the dead instrument, then you're also the holder of the mortgage.

Well, if you hold the mortgage and you didn't file your claim based on the mortgage with the county recorder,

you cannot exercise a claim against the property contained in the mortgage, in the security instrument.

Yeah, because you breached the covenants of the mortgage instrument,

And the Real Estate Mortgage, Real Estate Settlement Procedures Act requires that any change of beneficial interest

in the mortgage instrument be noticed to the borrower.

You granted a privilege in the mortgage instrument.

So that's how the mortgage works.

And there, there are no reporting requirements. But the mortgage is different.

There were specific conditions that the lender had to meet in order to be able to exercise the privilege in the mortgage instrument.

With a mortgage, they can do essentially an in rim.

The only thing that keeps you from selling the property is the mortgage.

So that's the position you want to take is they breached this mortgage, they can't collect on it.

And if you can get the court to rule that they breached the mortgage, then you file bankruptcy.

You bankrupt the estate and the lender comes to the estate with an unsecured mortgage

That's why you want to go after that mortgage.

You get that mortgage declared void because they failed to do the proper assignments.

Now the mortgage, once the mortgage is void, they no longer have the claim against the property.

And also I did when I had analysis done on my parents' mortgage, I was informed that the mortgage was void.

It said that the mortgage was voided on the property.

That would depend on who is saying it and the mortgage.

Then we say, oh goody, they released the claim, they released the mortgage.

So the original mortgage, if there was a refinance, they'll file a release of the original lien.

Yeah, so that's probably why someone looked at this and said this mortgage is void.

And you probably interpreted that to mean the current mortgage is void when it really meant

that the original mortgage or the prior mortgage was void.

Under 15 U.S. Code 1635-G, you can rescind a mortgage within three years of its inception

They got 20 days in which to rescind the mortgage and recover the property or file an opposition

standing to enforce the mortgage, strictly by what's in the public record.

mortgage instrument.

If I was trying to collect your mortgage, I would assure you I had the right to collect.

We file a claim that the mortgage is void because they lied to us when they made the note.

There's all kind of problems with the mortgage instrument that we can claim.

The lender can't have standing because in the mortgage instrument you made MERS the beneficiary.

I didn't write this stupid mortgage.

The deed of trust is or the mortgage is.

You're in a judicial state where you have a mortgage instead of a deed of trust.

And the term mortgage is confusing because...

I don't like calling it a mortgage.

Those three documents make up a mortgage in the general sense of mortgage.

In judicial states, they call the security instrument a mortgage.

Those three documents are the mortgage.

The security instrument in a judicial state is often called a mortgage as well.

But the whole point of me spending this much time on these mortgage issues

So if you have a mortgage issue, if you have a foreclosure issue,

refinanced the property, led to complications in the mortgage.

The original lenders, the banks set these companies up as a tax scam so that the mortgage

And then they bankrupt out on all of the profits so the bank gets the mortgage and they don't

So they run the mortgage company for a while and then they'll shut it down and open another

How can I prove that the old fraudulent mortgage documents that my parents signed are relevant now?

So he screwed up big time by stating that they weren't the lender, essentially saying they had no standing before the mortgage.

hey, you've got a mortgage.

I want you to pay me for your mortgage.

him write a whole bunch of highly profitable predatory mortgages.

Tell those profitable mortgages to the bank or to a special purpose vehicle at a loss

and then bankrupt itself, so the bank gets these mortgages and they've already written

I won't even go into the details of how that worked, but you may notice that these mortgage

companies, they write the mortgage in two or three years later, they go out of business.

During the period of time of the largest real estate bubble in history, all these mortgage

and the beneficial interest in the mortgage.

No, they filed a release of the mortgage.

Lease of mortgage, okay.

the word pay or canceled and promptly file or record a release of mortgage, which they

a mortgage instrument can be negotiated to a holder in due course and this is what it

transfer a note that way, a mortgage note because the mortgage note has conditions.

You can try to sell it and the records just show a mortgage on it and they're going to

a tax lien is superior to a mortgage lien, so they have to pay the taxes while you keep

the mortgage contract, and ask them to prove upstanding in accordance with the, I forget

Okay, you hold a mortgage, so what?

You have standing to collect this mortgage from whoever you got the mortgage from.

What that means is, is they can do an assignment and assign the mortgage to somebody else,

Now, they've got this mortgage, and they come back and they want to enforce the mortgage,

and you say, hold on here, I didn't issue you a mortgage, I issued a mortgage to this

New York is a mortgage state that have to go to the court, but they have no legal capacity

Servicing just means that they're a collection company for the holder of the mortgage.

When they sell them the mortgage to the pool, they keep the servicing rights, and they either

is void or the mortgage is void.

If you can get the mortgage portion of the transaction rendered void, then they no longer

What you did with the mortgage is you confessed a claim against the property.

With the mortgage, you can't transfer the estate.

With the mortgage, you can't transfer the property.

You get the mortgage tossed, you can immediately switch the property to somebody else's name,

So as long as it's default, the mortgage isn't default, they basically can still take it,

If you get rid of the mortgage, they cannot take the property.

The mortgage grants a claim against the property.

You have a note and a mortgage.

The mortgage is what in a non-judicial state we would call a deed of trust, but in a judicial

state it's called a mortgage document.

So you have the mortgage document, warranty deed, and promise to pay.

By getting a mortgage, they don't have to go through those steps.

And by getting a mortgage, you are prevented from liquidating the property.

Once the mortgage is rendered void, there's nothing to prevent you from liquidating the

track who they were paying their mortgage to.

Because the mortgage has been rescinded and what are they basing, now what are they basing their claim on?

where I claim that the mortgage is void by rescission and ask the court to rule that the claimant lacks,

What is the condition of your mortgage?

It has to be an error because a tax lien is superior to a mortgage lien.

If they sell it at tax lien, then the mortgage is extinguished because it's an inferior lien.

The mortgage is extinguished. It's gone.

You simply recover the property and the mortgage is gone

because the tax lien is superior to the mortgage.

If they let that thing get sold to taxes, then their mortgage goes in the trash.

He had a hundred and something thousand dollar mortgage against it.

And he went in and recovered and the mortgage was gone.

The mortgage company come back and sued and the court said, sorry, Bubba,

relative to the value of my mortgage, my claim against the property would be minimal.

ends three years after the mortgage.

The certificate of title is a negotiable instrument just like a mortgage deed on a house.

And just like a mortgage deed, the purpose of the certificate of title is to signify

of title or the mortgage deed.

But most people have a mortgage on their house.

the mortgage holder is at the closing table

and the trustee hands him a check to clear the mortgage.

I entered into a contract with Joe Blow Mortgage Company. I don't know who Aquin is.

Now, do you have a mortgage included in the bankruptcy?

Okay, Doug, how old is your mortgage?

And this company issued the mortgage.

because that will eliminate the mortgage claimant from making a claim against the property.

This is about a mortgage.

You have a mortgage and you have a note.

Mortgage is kind of a confusing term because the entire transaction is called a mortgage,

a residential mortgage.

a promissory note, and a mortgage.

The mortgage is the lien against the property.

Besides, they give you a 30-year mortgage on a property.

So they want you to give them a mortgage that puts a claim against the property

This has to do with the deeds of trust, with the mortgage, the claim against your property.

Your parents, when they issued this mortgage, they granted a privilege to the bank.

Who has a right to enforce the provisions in the mortgage?

So by only going to the mortgage instrument or the deed of trust and saying who holds

then filing them into a real estate mortgage investment conduit and then they aggregated

them into a pool and then filed that pool with the IRS as a real estate mortgage investment

they paid off the prior mortgage and now they're the original lender.

The three year right to rescission, you have a right to, you can't rescind a mortgage that's

an original purchase mortgage or a construction loan mortgage.

and if I remember right, the original lender is not who's claiming to be holding a mortgage

My claim will be who has a right to enforce the mortgage instrument based on

No, because your mortgage has been collateralized in one of those funny money packages they

You will never, ever see the mortgage on your house again, which means that any time in

the near or distant future, some jerk-off can show up, mortgage in hand, and say you

owe him the full balance listed on that mortgage and you've never paid him a dime.

See, you remember back ever hearing in the old days about this thing called a mortgage

People used to have those when they paid off their mortgage.

The reason they had them was that once that mortgage was paid, that mortgage had to be

The first thing they did with that mortgage was burn it so no one could ever come back

mortgage in hand and say they own that property.

schemes for these people, that mortgage, there's no telling who actually has their hands on

That's why no one can legitimately say they have the right to collect on the mortgage.

But someone shows up with that physical mortgage in their hand and they're going to be able

You can't prove that you own it until you can show that you've got the mortgage on it.

30-year mortgage, paid off the mortgage in year 2000, has a warranty deed, and when he

They fabricated an assignment on mortgage.

Even though I've paid off the note, and they've released the mortgage, can I still do a qualified

Do you have all of your closing documents from when you got the mortgage?

This day I got a mortgage, on this day they filed a bankruptcy, on this day... Just give

Back in 2001, we took out a mortgage and we did a through Countrywide and we got a note

support to pay, mortgage to pay, and he's barely keeping his job and you want him to

about the mortgage interest rates going up and the current mortgage each month. So I'm just

They continue to have mortgage rates going, interest rates like the mortgage is still being

sending it like we're actually paying mortgage rate in the house. It's not in the foreclosure,

but they're still asking for the $2,000 a month towards a mortgage.

If you file any suit against one of these mortgage companies,

was your mortgage an asset of Washington Mutual?

let's do a mortgage,

They funneled drug money into mortgages,

and then when the mortgages were paid back, the money was laundered.

Well, now come back and prove that my mortgage was an asset of Washington Mutual when you took it over.

So they let them pay at it over time. And the mortgage with the state was the title.

Well, I shouldn't be taxed. I mean, if it's my own property, and once I pay off the mortgage...

he had refinanced the mortgage with the servicer who was GMAC at the time.

and went around and he bought about half of the mortgages they were servicing, and this was one of them.

So GMAC, receivers now, were the proper owner of the mortgage.

I've got a settlement, at least a verbal agreement, the second mortgage holder to settle.

And it wouldn't just apply to mortgage fraud.

You fail to keep up your end of the mortgage.

SunTrust Mortgage.

Is SunTrust Mortgage still in business?

Did SunTrust Mortgage file an assignment of the mortgage to a different party?

Fight this mortgage issue from the perspective of assignments and securities and MERS.

And that claim could be way more than your mortgage.

He's going to say, I got this mortgage here and they can't pay this amount of money.

I tried to explain that to our mortgage company as well and they still didn't even bother with that.

It's not hard to do a forensic audit on your mortgage.

The law of the mortgage is the contract.

or if you're in a mortgage state, any contract that has MERS in it,

I can't see how anybody could effectively adjudicate one of these mortgages if we had a set of courts that would actually follow law.

That goes to whoever is the beneficiary of the mortgage.

If MERS holds legal title, then this is not a deed of trust, it's a mortgage.

In a mortgage, in states that are judicial states, you transfer the property legal title to the lender.

Then that means the mortgage, the deed of trust is unenforceable, is too ambiguous to be enforceable.

And then a real estate mortgage, a real estate mortgage, I'm sorry, real estate settlement practices act.

I have been in contact with the mortgage companies since June.

Actually, I have a mortgage question.

Well, I just happen to have some mortgage answers.

Now, I could help you with this, but I could probably only keep the mortgage company at bay for 8 or 10 years.

How long have you, how old is the mortgage?

But mostly what I find is that these small mortgage companies, for the most part, they were put in business by the banks.

The banks created these mortgage companies and then they sent them out to write these predatory loans,

And then the mortgage company, which is actually a part of the bank, transferred the mortgage to the bank at a loss

But what happened because of a scam is they put this, they create this mortgage company

When this mortgage company received a warranty deed from you, you sat down at closing

and the mortgage company traded you a warranty deed for the property for a promise to pay

The claim belongs to the mortgage company.

And the mortgage company under law is a person.

These mortgage companies, they run for three or four years,

The problem is the mortgage company is a person under law.

So the mortgage company holds this deed of trust.

Thousands and thousands of people got mortgages through Washington Mutual.

And the intent was is when the mortgage payments are paid,

This is a company set up to create a whole bunch of mortgages and pool them together into one big pool.

Well, they would file the pool with the IRS in the form of a real estate mortgage investment conduit.

But that's 5% of 20,000 mortgages.

In order to protect and perfect their claim, they would have to file in every one of those mortgages

The problem was when Washington Mutual went out of business, they had hundreds of thousands of mortgages.

And they never filed an assignment of those mortgages to some third party.

Because this guy could be the true, genuine, bona fide holder of the mortgage.

The mortgage company went, the mortgage was in 07.

Mortgage company went out of business in 08, 2010.

Some select portfolios or something that wasn't the original mortgage company

filed an assignment of the mortgage to one of the big banks.

It's fraud based on not having, you know, I could go file a transfer of your mortgage to somebody else.

get a mortgage if you can show that you weren't given a notice by the lender telling you that

you had a right to rescind the mortgage then you can rescind these this couple in minnesota

And odds are that lender is still the company to whom you're paying your mortgage.

Are you still, are you paying your mortgage to the same company that gave you the loan?

Okay, see that gives you the impression that they are the holder of the mortgage.

But all that really tells you is that they are the servicer of the mortgage.

When they securitize a mortgage,

the servicing of the mortgage is a product that they sell.

When another servicer takes over the servicing of your mortgage, they buy it.

You don't know if they've securitized the mortgage or not.

Okay, so you know that the mortgage will be aggregated into a large pool of mortgages,

maybe 10,000 to 15,000 mortgages.

One stipulation is all the mortgages have to have the same interest rate.

And then they sell tranches or slices, percentages of this mortgage to investors.

when there is a change in beneficial interest in the mortgage,

when they've got 10,000 or 15,000 mortgages in this pool

And I'm trying to be careful what I'm saying here because here's a commercial mortgage.

And being a commercial mortgage, it doesn't fall under the consumer protection laws.

Co-petit arrest, but none of that applies to your mortgage.

and commercial contracts are different than residential mortgages.

You're construed to be a sophisticated borrower, so you don't have the protections you would have in a residential mortgage.

I mainly do residential, and I've read a number of commercial mortgages, but not a whole lot.

Not enough to get a good feel for what should be in that mortgage document.

And Scott, I wish I could be of more help, but the only place that on a mortgage

If the mortgage has been securitized, this entity doesn't hold it anymore.

that's a contract between the holder of the mortgage and the investor.

is to keep us from looking at the law of the mortgage, and that is the contract.

In a residential mortgage, a deed of trust in Texas, covenant 16 if it's not an FHA loan,

How old was your mortgage?

SunTrust Mortgage.

Does SunTrust Mortgage still exist?

Did SunTrust Mortgage file an assignment from SunTrust Mortgage to a third party?

Does the assignment state that MERS filed the assignment as the agent for SunTrust Mortgage?

Does the audit show that SunTrust Mortgage securitized the mortgage and negotiated the

interest of SunTrust Mortgage that SunTrust Mortgage did not hold.

This is a mortgage issue and this is something I didn't know about before

You mentioned that, I take it this is a mortgage issue

When you sat down at closing, did they offer you a warranty deed in return for a mortgage?

Is that if I read promise to pay green coin mortgage

But green coin mortgage did not exist at that time

Who was the original, the green point mortgage?

Well, and if I may add to that, the mortgage follows the note

And in the case of foreclosure, who is entitled to foreclose on the mortgage to obtain that money?

wait for them to give us back our deed and mortgage. We paid the money that we do on

their mortgages and still got foreclosed. So I wanted to go through a title company and

of plaintiff, city mortgage, and learned counsel for the following continuing the case without

mortgage as required by TELA, attempted theft of real property under 3921B, knowingly using

the forge to sign the mortgage and counterfeit note to assign attempt unlawful foreclosure.

Yeah. City mortgage... Oh, this...

Yeah, because I rescinded the note, so once I rescinded the note, the mortgage, they have

And then we had a forged assignment of mortgage where we had documentation that it was forged

And it wasn't like the assignment of mortgage said and it wasn't like what's decided in

And then it goes on to say about this is basically a claim on the mortgage if the debt was discharged

Well, they can own the mortgage, but mortgage secures nothing.

Going in and undermining, that was based on the validity of the mortgage.

I don't consider that, but certainly do a quiet title on the mortgage for declaratory

He sold it, paid off everything. His mortgage was 370 when he bought it.

it is unreasonable that someone would be able to exercise a mortgage once you the debt is paid off.

So how does the mortgage have any validity?

Is her name on the mortgage?

Her name was the only name that was on the mortgage.

Go down and ask the bank for a mortgage on this property.

See if they come back and say, oh no, no, you can't get a mortgage.

Since she quit claimed to you, the mortgage is in her name.

And Fannie Mae has no assignment of the mortgage.

So if Mirris is the mortgage of all the age.

Nobody's going to jump into something as risky as fighting a mortgage or an income tax system

Yeah. While I'm paying off this mortgage, because I sure don't want her coming back after me

they got mortgages, they got a job they got to go to every day.

We've had problems with the banks saying, well, I have nothing to do with these mortgages

and then on the other hand, they're trying to foreclose on the mortgages that goes to

What is the year of the mortgage? 2004 with First Federal Bank of California.

law. Well here's what she's saying is going on. They're getting a mortgage against their

then you go look in the county recorders records and see if you see multiple mortgages

on the property. Where there's a mortgage and a couple years later it's paid off and

And I wanted to slap them. Guys got four kids, a mortgage, two cars. He's got debt up to his

she's not getting the money from the husband. But it's not Boris's problem. He's paying his mortgage.

in Texas in mortgage. You are the owner of the property. The seller has a claim against the

A seller or mortgage or mortgage or

Oh, that's important. The original lender and I basically had a mortgage in 2006.

there was an assignment of mortgage that was filed signed by an employee of the servicer.

and bonafide holder of the mortgage and the note instrument. You only care that there is no proper

Fargo was the boned fighting holder of the mortgage. But since they're not, I need to non-suit this

all of the mortgages on his properties. You can check, you know, see where he's from.

judge's finances. You particularly want to see any properties that the judge may own and mortgages

the mortgage.

If you find properties that the judge bought and in two or three years they were paid off and then he got another mortgage on it.

They're not paying off the mortgages. Somebody else is.

So they get a mortgage and they can show how they took this money out of the property.

Then somebody else pays off the mortgage and it looks like they put this mortgage back into this amount of money back into the property.

they got a ruling that affects every single mortgage they have this is all of

and it is their Achilles heel we have had really good results especially mortgage issues

So when the third turned up clean as a whistle, I thought, I wonder if there's something else he's doing that doesn't have to do with mortgages.

And one of the things I want to point out is that as far as the mortgage ban goes, we now have very strong indication. What we don't have is the Smoking Gun Proof. And the Smoking Gun Proof would be,

One, of course, are the loan records, the mortgage records, which one gets from the county's grant or grantee indexes.

the mortgage records from the county. Other records, these financial disclosure forms are sometimes,

But for some reason, this mortgage scam appears to be one of the favored methods.

And I already knew there could be a problem with loans. But when you have a profile where a judge is laundering mortgages, like he's a hyperactive kid in a really long catharsis, then you know it would probably have a problem.

And upon the publication of this article, which included a graph of all of Holtzappel's manic mortgage activity, Judge Holtzappel immediately resigned from the John Rohr case.

This mortgage clause is being utilized by at least two-thirds of the judges I have checked.

But the reason I was calling tonight is I wanted to ask you, Mr. Kelton, about mortgages.

Notably, I have a situation where a very dear friend of mine who I have power of attorney with made a mortgage payment and the bank sent the money to the wrong party.

And what I'm curious is what angles can I pick on the Fair Debt Collection Practices Act such that when I step into this as a, using the power of attorney, I can start dope slapping these people, both the bank that the account is with where the money was sent from and the mortgage company.

I'm going to get this thing over here and pull it up, free foreclosure, free mortgagehelp.net.

Go to freemortgagehelp.net.

But look on freemortgagehelp.net.

Freemortgagehelp.net.

And they launder it by getting mortgages on their house to get large mortgages, and the

mortgage you paid off in six months, and then get another mortgage, and it's paid off in

And what the indication was that the judge was not paying off these mortgages, that he's

getting the mortgage and drawing the equity out of the property, somebody else is paying

We're going to the mortgage business for just a little bit, although I am very interested

close through America's Wholesale Lenders or Countrywide, you know, the vampire mortgage

So he incorporated the name and then people are sending their mortgage documents to him

behind on the mortgage and they're horribly embarrassed.

of all the mortgages that he's gotten on all that real estate, you want to see any businesses

This is civil, so, and if it's not like a mortgage where the judges get paid off,

since there were two people on the mortgage.

However, if you do it right, put the money you would pay on the mortgage in the bank religiously,

We'll drop all these late charges and attorney fees and we'll reduce your mortgage to $150,000

They got a mortgage with Wells Fargo.

Okay. Hold on. How old is the mortgage?

Oh, okay. So are there any assignments of the mortgage in the record?

First assignment, July 29th of 09, MERS as nominee for HSBC Mortgage Corporation, Assignee HSBC Olimp.

First assignment, July 29th of 09, MERS as nominee for HSBC Mortgage Corporation, USA.

Okay. HSBC, MERS is nominee for HSBC Mortgage Corporation, USA and then Assignee HSBC Mortgage Corporation, USA.

Okay. Second, July 28th of 11, Assignee HSBC Mortgage Corp, USA.

Okay. Then the third, 722 of 13, Mortgage...

Okay, HSBC Mortgage Corp transferred to HSBC Bank NA, and this is what I wanted to get to.

When you see these kinds of transfers, be sure you understand that HSBC Mortgage Corp and HSBC Bank NA are not the same companies.

Okay, July 22 of 13, a sign or MERS and HSBC Mortgage Corp USA, a sign E, HSBC Mortgage Corp USA.

And then it says, a corrective assignment of mortgage.

If they did not say they were correcting that one, then this last one is void and HSBC Bank NA holds the mortgage.

And if HSBC Mortgage Corp is doing the foreclosure, then you file for fraudulent foreclosure.

Yeah, according to the second assignment, HSBC Mortgage Corp transferred the mortgage to HSBC Bank NA, a different company.

Now HSBC Bank NA holds the mortgage according to the public record.

Now HSBC Bank Mortgage Corp filed a corrective assignment.

If the corrective assignment purports to correct the assignment assigning to Bank NA, then Bank NA becomes void and HSBC Mortgage Corp is still the holder.

If it's mortgage corp suing for foreclosure, yes, wrong company suing.

Seven years on one action. That's where you win. You have this person take them on, pay their mortgage to themselves every month, just like they would have paid it to the bank.

Okay, we are back. Randy Kelton moved on radio and we're talking about mortgage scams. What they would do is they would create all these mortgages. Now, when we went off, I was talking about Washington Mutual.

And they gave the impression that they would go to the Fed window and draw from their fractional reserve account where if they have a mortgage for $100,000, they only have to have $10,000 in the account and the Fed would give them $100,000.

With the caveat that when the mortgage is paid back, that $100,000 was paid back into that fractional reserve account. So what they did was increase the velocity of money without increasing the volume of money.

They would run this mortgage company for a while and then bankrupt it out and start another one.

And were there any assignments of the mortgage to a third party?

Primarily, I want to see the first assignment. Did it occur after a mortgage company went out of business?

So the mortgage company goes out of business and the mortgage company supposedly holds this deed of trust as an asset.

So be careful with that. We have city mortgage. We have Citibank and we have Citimorgage.

But what's really going on here is they're not selling the mortgage. They're selling the servicing rights.

These companies would create these mortgages, sell the mortgages to one company, sell the servicing rights to another company. So the servicer is actually the agent for the holder, but they are not the holder.

Before we get to that, because of the numbers in your mortgage, I would like to see a truth-in-lending statement, a good faith estimate, a hard-won settlement statement, and a note.

The best closest I could find was they take the mortgage insurance, subtract it from the principal, so that you get a principal on the truth-in-lending statement.

The principal on the truth-in-lending statement is never or almost never the principal on your mortgage.

It's always different. It's generally less. But the interest is higher. So they subtract the private mortgage insurance from the mortgage cost, then they increase the interest rate to pay back that private mortgage insurance.

The fact that they gave you an $88,000 mortgage on the $70,000 property is fraught on its face.

We had Janet Palinon who indicated that some two-thirds of the judges are using fraudulent mortgages to launder the money they're getting from the banks to rule against all of us.

And one of the primary ways that Janet Fallon, she came on our show and talked about was that the judge would get a mortgage on his property.

And then six months later, it's paid off. And they get another mortgage. And six months later, that's paid off.

So who's paying off these mortgages?

What's happening is the judge takes the equity out of his property. So that's clean money that somebody else pays off the mortgage.

A couple questions. How old is the original mortgage?

Okay, what were there any refinances on this mortgage?

And what was the mortgage in interest?

The interest went up to 11 and a half, and the mortgage doubled.

They would mortgage these properties and then take a whole bunch of these mortgages

Well, they made so much profit selling these mortgages into these pools that they figured out this really neat scam.

They could take this mortgage and sell it into this pool over here.

I can almost assure you, if I run the numbers on your mortgage, they were charging you less than they should have.

They need to foreclose on the mortgage because they've sold it 10 times.

But the insurance only pays off 80% of the mortgage.

So they want the mortgage paid down.

So they proposed to win and bought the original from the original mortgager and then supposedly had

The original mortgager was just for $13,000, but they said we had $65,000 of equity in our home dean.

However, I need to see all of the assignments of the mortgage.

This was during one of the hottest periods in real estate history and these mortgage companies are going out of business.

How many mortgages have you had against your house and how long they say to take you to

They get a mortgage, they refinance their property and take a quarter million dollars

number, sold the mortgage several times, then they need you to default so that their mortgage

Because I have the original document which was the original mortgager where I was with and then I have the one that my husband did that he re-financed in 2017.

If there's no deed of trust for the second mortgage filed in the record,

Was the original mortgage an HSBC mortgage?

For everybody else, what I'm trying to find out is if the same entity that wrote the mortgage is the entity that's claiming to now hold the mortgage and are foreclosing.

I never understood why they file an assignment where they assign a mortgage to themselves.

And a mortgage they already held.

HSBC, executed by Virginia, mortgage electronic registration.

Mortgage recorded.

This is another HSBC mortgage corp.

It's filed by HSBC Mortgage Corp.

And it's assigned to HSBC Mortgage Corp.

What that indicates to me is that the mortgage changed hands, but the servicer stayed the same.

So we can see where that note went to because the mortgage requires that the lender give notice to the borrower of any change in beneficial interest in the mortgage.

And what that says to me is the mortgage changed hands to a different holder.

And so the new holder assigned the mortgage to his servicer, which is the same one that was the servicer for the other party.

Okay, you got this one trust over here holding this mortgage and their servicer is HSBC.

And then they sell the mortgage to somebody else.

And this new purchaser receives the mortgage and then they need to assign it to their servicer.

And they want to make sure they have assigned the mortgage to their servicer.

One of the ways they do it, especially in the mortgage arena, is the judge has these properties he owns and he gets a mortgage on it.

We have a contract for deed on my husband's property and a mortgage online.

And the primary one was with the mortgages that Janet talked about.

note, the mortgage is not in their name, and the assignment has been assigned to some investing

ask your mother to take half of what she would pay in a mortgage and put it in a bank account.

Give me a brief. How old is the mortgage? Here, hold on. We've been through this many times,

Okay. The state of New York, Virginia, has a mortgage with HSBC.

She signed the mortgage on April 24th, 2006. Signed the mortgage 2006, April 24th, 2006.

Okay. This is where HBC keeps assigning the mortgage to HBC.

The other issue came up is whether or not you still had to pay your mortgage or any of those kinds of situations,

I had this couple that got a mortgage on their property and under rescission, you can rescind

I give notice of my, that I rescind this mortgage, boom, that's it.

How old is your mortgage?

The paragraph you put in the, well, it's not my mortgage, it's somebody else's mortgage.

How old is the mortgage?

What about, is the mortgage in foreclosure?

Can she mortgage, can she lease the house out?

If she can't afford the mortgage payments, lease it out, rent an apartment for six months

So while I've got all kind of tools to go after the mortgage company with, tell her

And if you get me her mortgage documentation, I can almost certainly find lots of fraud in

You said something that tickled my mind from years ago and it had to do with my mortgage.

I think I have one of those substandard mortgages, Freddie Mac.

They can't put that on the HUD 1. How old is your mortgage?

Freddie Mac initiated the mortgage?

Okay. Is that the mortgage company you talked to?

Okay. The mortgage, well, it was a bank in New York. They're no longer in business.

It's like a mortgage pro first-time buyer.

And with the 2002 note, almost certainly whoever initiated the mortgage was merely a representative for the true mortgage order.

And so I said, well, look, maybe I got the wrong mortgage company.

I don't know. I think the mortgage was meant for a legal alien.

They're not authorized to add to the mortgage any costs that are the normal part of doing

When you look at the note, it will have an amount for the amount mortgaged.

You got to pay us $20,000 next month or we're going to foreclose on your mortgage.

It said in the first paragraph that the mortgage on the principal on the mortgage will never

exceed 110% of the original mortgage.

end of the mortgage they will overpay or underpay.

in the end, but he'll cost you more than the value of the mortgage to fight him.

These mortgage companies know that they're stealing from everybody.

You spoke to your mortgage as well as another person's mortgage.

Is your mortgage a fixed rate mortgage?

I find more fraud in the variable rate mortgages, but I also find it in the fixed.

If you look at your mortgage, they will almost all list MERS as the beneficiary.

The mortgage document is a trust.

they agree to take half of the amount of the mortgage every month and put it in a bank

That's the current disposition of the mortgage.

In reference to what we were discussing last night about mortgage documents fraud, you were giving a lesson while I called.

And they're going to say, well, the mortgage doesn't require us to ask for a specific amount. They've got an argument they can make.

Okay, I sent just to wrap up the other stuff about the mortgage business. I sent you an e-mail and it starts with TV tech, which is what I used to do in a previous incarnation.

So all of a sudden they'll get a mortgage on a property and then all of a sudden somebody will pay it off for them.

Yeah, that's exactly what she was saying is they take a mortgage out on their property and they'll take $250,000, $500,000 in equity out of their property,

I ask under unjust enrichment because they've been paying on the mortgage that they thought was their mortgage

You signed a mortgage agreement and you signed a warranty deal?

In a mortgage, I receive a warranty deed.

It's secured by property. If it's secured by property, they don't have to issue a claim into the bankruptcy court because there's a mortgage on the property.

Right. So if they say that you owe money and it's secured by property and they don't have to file a claim, so then a debtor, the person filing bankruptcy, can file one and fill it out as though they were the bank, the mortgage holder.

Because in this case there was a certain assignment and mortgage and it was done in 2014 and it was filed in 2014.

So the property was the mortgage was assigned to a trust.

Therefore it waived its standing to enforce the provisions of the mortgage.

Okay, when I talk to people about mortgage issues and they talk about securitization, show me the note, and I say, I don't want to talk about all that.

Some kind of bogus mortgage bonds underwriter selling bogus bonds to investors.

Okay. In my case, I went and got one through Mortgage ID, and then they sold it to City Mortgage,

and City Mortgage sold it to Fannie Mae.

When City Mortgage sold it to Fannie Mae, they did not record an assignment to Fannie Mae.

As a matter of fact, when they foreclosed, they said that they were assigned the mortgage from City Mortgage.

But that's not true because City Mortgage said...

No, City Mortgage.

City Mortgage said that they received the assignment from Mortgage ID, and Mortgage ID said in court.

Is it the mortgage or is it servicing rights?

The mortgage itself, because the servicing rights only went to City Mortgage using server servicing rights.

Well, the assignments from what I can tell don't assign the mortgage.

But it only addressed rescission as applied to the first three years after the mortgage was issued.

It says you've got three years, within three years you can rescind the mortgage.

If they fail to give you proper notice that you have a right to rescind the mortgage.

That if they don't tell me that I have a right to rescind the mortgage then I can rescind the mortgage.

Okay, well in this case they told Jasonowski that they could rescind the mortgage.

And they have 20 days to respond if the bank fails to rescind the mortgage and take possession of the property within 20 days.

This, remember me telling you about this friend of mine, who him and his wife signed a mortgage, but the one that was recorded only had his signature on it and was entirely different.

Okay. This is where you claim that the document that was presented by the foreclosing entity was not the actual mortgage that was signed.

opinion on my mortgage being a third party uh indispensable third party i'm trying to figure

um and i'm wondering if at this point in my my mortgage battle um it would be a strong enough

of the chapter seven which left the mortgage in note unsecured and both discharged

four five four four one a bankruptcy code section 11 make the mortgage

the trust and i show that the mortgage or the person who's claiming an assignment from MERS

for the lender who is no longer in business and sold the mortgage rights to the trust

mortgage but then sold it and none of the none of the other hold on hold on let's separate

the note from the mortgage you're in a uh mortgage mortgage state where they have to

sue to foreclose well they call the document a mortgage in a uh due to trust state they don't

have to sue to foreclose okay here they have to sue to foreclose let's set separate the mortgage

the property and in in the case of a mortgage it was actually holding legal title then they

Well, we were discussing the mortgage in its state of how they could claim.

The original lender had a claim in a mortgage state held legal title to your property.

Well, they're making a claim they held the note and they were assigned the mortgage by MERS.

Well, it was found that it's not a criminal act for MERS not to assign a mortgage in the recorder of deeds office.

get a mortgage on it and pull equity out of the property and then in six months the mortgage

would be paid back. The judge wasn't paying back the mortgage. So he could pull the equity

to pay it back. So we want to look at all of the mortgages the judges got on this property.

Randy. What do you have for us today? It has to do with a little mortgage project. I have been

You want to know if he has any properties that he has a mortgage on

and how many mortgages and how fast they've gotten paid off.

She was saying that in her research, two-thirds of the federal judges were using this mortgage money laundering scheme.

So you're in a situation here where it has to do with mortgage.

Now, considering the things that are going on with the mortgage fraud as it is,

what this appears to be doing is adding a lot more fingers to the pie as to who can be appointed as a false holder of your mortgage.

I don't do mortgages. That's all Randy's business. They're not mine.

Her health failing, she couldn't pay the mortgage unless she found $10,000 the bank would foreclose.

never respond to the discovery. I do want to get the seven-interrogator mortgage into

because I own my house outright. I don't have a mortgage company. Thank goodness.

A good example, that is the mortgage fraud that's going on.

Why? Because they bought up a bunch of mortgage loan bails from these mortgage companies

that may or may not actually contain your mortgage,

but no one's bothered to verify that because no one can find your mortgage.

Mortgage Electronic Registration Systems assigned the asset, being the deed of trust, which

With illegal mortgages and illegal foreclosures

the mortgages is almost always the one trying to do the foreclosure is not the one named in

And if your mortgage was prior to 206, good chance they're no longer in existence.

Bankrupting the mortgage companies was a strategy. It was a tax dodge strategy. The banks would create this mortgage company, have it write these predatory loans, and then sell the loan to the bank at a loss.

And then the mortgage company would take all the loss. The bank who purchased the mortgage from their own mortgage company gets to avoid the tax on the highly profitable predatory loans, tax dodge.

In order to make that correct, the company going out of business prior to going out of business would have to, to assign the mortgage to the third party than the third party would then revoke their own deed of trust and then the third party would file their trust.

What is the condition of the mortgage at the moment?

Okay, you're... I take it's in foreclosure. What is the... is it a original mortgage or a...

Okay, so it was an original mortgage.

And did the original lender assign the mortgage to a third party before the original lender went out of business?

Hold on. Did the original lender assign the mortgage in the public rep before going out of business?

Okay, is there a filing in the public record transferring the mortgage to this third party?

There's nobody who can stand forth by the public record and show that they have standing to enforce the mortgage.

and everything is allegedly owed and they don't have owning of the note or the mortgage.

Did the original lender do a proper assignment of the mortgage to a third party before the original lender went out of business?

In Tennessee, in Texas, there has to be a...they have to file an affidavit showing the accounting for the mortgage, I mean for the mortgage for the debt

thousand and the second big reason there are three phony assignments of mortgages and the

in new york okay mortgage you said you're the guy who has the mortgage issue has not

50% of the time I spent evaluating a mortgage is spent naming documents on this convention

And the people who sold it to him didn't pay the mortgage

You've got a lender who issued a mortgage that the banks set up so they could use these mortgage companies to write these mortgages and then sell them to the Special Purpose Vehicle at a loss.

So they could then bankrupt this company because they're selling all these at a loss and then the Special Purpose Vehicle gets the profitable mortgage and they bankrupted out all of the profits.

Quick question about declaratory judgments that you're doing on a mortgage related stuff.

Example I use is one of the first cases and the mortgage that I helped file and it was

He hadn't paid anything in mortgage payments in the last seven years.

How old was the mortgage?

Countrywide went out of business. Did countrywide file in the record a document assigning the mortgage to a third party before countrywide went out of business?

But countrywide had an agent, mortgage electronic registration systems, acted as an agent for countrywide.

Now, okay, this is why you go to what Joe does. Almost certainly the mortgage was transferred into a pool.

And SunTrust did not hold the mortgage.

generally at least in the full amount of the original mortgage, generally triple.

Well, say that when you can't pay your bills, your rent, your mortgage. Say that when all

I have a first cousin who works in a real estate core logistics company, and she pointed out that since my mortgage was taken out in 2005,

that the likelihood of my mortgage holder being able to demonstrate proof of debt is slim to none.

Randy, that's what I'm calling about for reasons of my own and reasons that are not material to my question, but I find it justifiable within my heart to try to force them to prove my indebtedness to them, and if they can't, I want to wash the mortgage away.

Okay, hold on. Are you up to date on your mortgage?

They get these mortgages, and the first thing they do is they negotiate the note into a trust, and then the bank stands in the front, or the lender stands in the front, as if he is the holder.

Okay, so he's pretending like he's still the lender, and that he holds the mortgage, but he's really just the agent for the holder of the mortgage.

Calling you up is because, you know, I'm, I'm, I'm just consider, I'm considering just paying off my mortgage to get these people to stop, just to get them to stop calling.

How can, how can you pay off your mortgage?

What, on your latest, latest bill done from the, from the mortgage company, what was the interest amount on that done?

That's really as you go on the internet, pull up a spreadsheet that calculates mortgage, put in the date of the mortgage, put in the principle, put in the interest.

They're invested in the stock market with these home mortgages that they're allowing these foreclosures and asset forfeitures on and so on and so forth.

I do not delegate and the delegation of power specific to let's say I'm going to be out of the country and I need you to make sure that my mortgage gets paid every month.

So that is the limit of what you can write checks from my account for to pay the mortgage. Any other usage requires express permission from me because it's not in the originally delegated authority.

For instance, when mortgage electronic registration systems is named as the agent for the lender and files a document in the record,

Wouldn't I be able to attack MERS in its own right as not having a power of attorney through the third party to even be that person who is capable of assigning the mortgage?

So basically Wells Fargo was assigning itself its own mortgage.

to the filing of a chapter seven, the mortgage and the note become unsecured because there

gave a statement about the mortgage. And then when we went in and brought this up, the court

was saying, well, the mortgage just survives the bankruptcy.

The bankruptcy for sure, the fact that actually Wachovia even owned the mortgage prior to

being closed and assumed to buy Wells Fargo. Okay, the mortgage, that assumes there is

a mortgage and that the mortgage that exists is valid. Have you tested that?

mortgage payment, then you are certainly not the person in power to make these requests.

on my principal and interest that you're charging me on my mortgage payment. If I'm paying you

the mortgage, you're the owner. That's interesting. Okay, I'm being deliberately pedantic here

beneficial interest from the mortgage, is there any way I could receive beneficial interest

in the mortgage and not be the holder? No. If you can take the payment at the end of

I'm the landlord, I get your rent payment. Mortgage works the same way. I get your mortgage

my mortgage. No, that, okay, that's a presupposition that I can't follow. The one named in the public

on my mortgage in person principle, how does that change the validity of the filing in the record?

against that property have to be granted by you. When you get a mortgage, you grant the mortgage

No, not my taxes. The taxes on the principal and interest of my mortgage payments,

paying their taxes, then I have to assume that the mortgage is placed in a remit.

If I assume the mortgage is placed in a remit, then at some point my mortgage was placed into a

I can't find any legal connection to paying tax, taxes on a mortgage payment and a holder.

they're paying the taxes on the interest and principal of my mortgage, so I pay you money.

in a trust. Okay. Then you're the holder of my mortgage. This is a problem. This is a problem

So, if we know then that say, Wachovia is the originator of my mortgage,

mortgages who were not given assignments in the recorder of deeds office appeared. We showed where the mortgage was securitized.

She's very upset. She thinks she's going to lose her house and we've tried to tell her otherwise because there is no mortgage on the house.

There physically is no mortgage on the house. The mortgage that is recorded is a bonafide forage group. And he has evidence that he wasn't even in Washington, D.C. when it was signed.

So is there a chance somebody else took out a mortgage on his house?

Yeah. I mean, it's an actual forgery. What happened was that money was stolen out of the settlement of another issue and created this mortgage to cover their loss.

And I'll have a question on that in a minute. Next, there are three assigned, just to remind you, there are three assignments of mortgage.

One of the primary ways is they have a property and they get a mortgage on the property, and in six months the mortgage is paid off, and they get another one, and it's paid off.

They use that as a method of laundering the money. The judge is not the one paying off the mortgage, somebody else is.

Well, the Attorney General slithered out of it. He gave me some homeowners assistance program where they help you with your mortgage, and that's ridiculous.

Hold on. There are three assignments of mortgage, the chain of title, and the public record does not match the chain of title and the endorsement to the note.

If you give me a good timeline, I'm going to show you where to go look. How many mortgages does each of these judges have filed in the county recorder's office?

And how many deeds of trust have been filed against those mortgages, against those properties, and then paid off six months later?

Okay, Charlene, what is the current condition of the mortgage?

In New York is a mortgage state. It's not a deed of trust state.

And then run out the mortgage and run an amortization.

I will generally give you a claim against the lender for the amount of or more than the original mortgage.

Because when they foreclose on these properties, first thing they do is they negotiate the mortgage into a trust.

And then when they change servicers, you'll see an assignment and it assigns the mortgage to a third party.

You take half of what you would pay on this mortgage and you put that in the bank every month without fail.

$1,500 a month with this $3,000 mortgage.

And once when you sign a contract, a mortgage contract, if the lender misrepresented dollar figures to you,

on creditors on a mortgage in one.

This guy bought a house from a guy who had a mortgage on it, and he notified the mortgage

Well, the guy paid the borrower, but the borrower didn't pay the mortgage company.

The mortgage company foreclosed.

And that I should have filed a motion or she should have filed a motion to avoid the assignment of mortgage before the summary judgment.

They put together mirrors so that the large banks could issue a lot of mortgages group those mortgage to get mortgages together in a large pool of mortgages and then sell that transfer that pool into a trust and then sell tranches from that pool.

They may sell 1% or 2% of this accumulation of 20,000 mortgages.

Each time there is a change to the beneficial interest of the mortgage, the borrower has a right to have notice under the real estate settlement procedures act.

and we're talking about how the mortgage process really works.

of the mortgage,

with 10,000 mortgages in it,

They put together mortgage electronic registration systems,

and they named mortgage electronic registration systems

So mortgage electronic registration systems

so that anyone who had a mortgage

could always go to mortgage electronic registration systems

The banks created these mortgage companies,

and the mortgage companies,

they needed as many mortgages as they could get.

They did not care if you paid that mortgage back or not.

The reason being is they would force you to buy mortgage insurance

on that mortgage,

and mortgage insurance would pay off 80% of the mortgage,

I'm sorry, 85% of the mortgage.

Then they would take that mortgage and sell it into a trust,

because they could take the mortgage,

change the interest rate amount showing on the mortgage,

sold in the same mortgage up to 20 times.

Each time they sell the mortgage,

So, they sell the mortgage,

And now, as the lender pays back the mortgage,

and pay each of these other fake mortgages

because you will have paid the mortgage down about 15%.

then the insurance pays off your mortgage to them,

And all of these other mortgages,

They put together these mortgage companies

they would give you mortgage,

So, the greatest mortgage company,

mortgage company creates the mortgage,

They run the mortgage company four or five years,

to file an assignment from the mortgage company

And then when the mortgage crashes occurred,

all these mortgage companies.

And the mortgage company didn't transfer their asset

The mortgage company is a corporation.

and we're talking about how the mortgage system works

that the holder of the mortgage does not have...

or the mortgage,

the mortgage does kind of a duplicitous term

when a mortgage is issued,

In a judicial state, when you issue a mortgage,

the property to the lender is called a mortgage document.

So in a mortgage, there is a mortgage document

The mortgage establishes the claim against the property.

is that mortgage has cannons.

Was the mortgage company still in business?

or the holds the claim to the mortgage

or the mortgage document void

holds an unsecured mortgage or an unsecured loan

because now the mortgage that secured the loan is trashed.

But a lot of these mortgages claim that the property was transferred to MERS.

because the first section of the Mortgager Deed of Trust are definitions.

The first paragraph of the contract is where the property is transferred either to the lender in a mortgage

The beneficial title stays with the mortgage, I mean with the lender.

This is a mortgage, not a Deed of Trust.

It seems like everybody else's problems either a mortgage or a traffic ticket. Mine is important.

Did any one of these entities claiming to hold the mortgage, did any of them go out

Since the mortgage company asked her if she wanted to rent, that's a good sign that they don't want to evict her.

In a mortgage that's 2005 or sooner, I always find a mess in them.

might. Okay. In all this time, I take it you haven't been paying a mortgage payment. Correct.

and they get it out of perspective. Approximately, what was your mortgage payment amount?

and I get distracted and I lose the minor details. He had a $350,000 mortgage. They

They came back and they offered to lower his mortgage from 350 to 125.

Had they been putting in half their mortgage in an account all that time,

But the bank couldn't raise the issue of title of the years on the inception of the mortgage

The only thing in the court record is the original mortgage and a notice of less pendants from...

He has lived in this property for seven years without paying a $3,000 a month mortgage.

Okay. So, Illinois is a mortgage state?

How old is the mortgage?

So first off, we do not care who the holder of the mortgage is.

So you've looked in the public record, you found the mortgage to Central Bank,

Get her into a mortgage contract, and you buy a house, and you're all happy and proud to have this house.

And then somewhere down the line, something happens, and you're unable to keep up with the mortgage payments.

And if he has a mortgage issue, he has other issues as well, and he's most likely struggling trying to recover from something that occurred that caused him this issue.

If he could stop the bank in their tracks and hold them off for seven years and then take half of what his mortgage payment would be and put it in a bank account while he's holding the bank off.

I have to remember the name of it. Free Mortgage Help Dot Something.

Dot net, I think. There it is. Free Mortgage Help Dot Net.

and rework it. But there is a massive amount of information there on how to deal with mortgage

Well, I've tried to. So have you ran a calculation, an amortization of your mortgage to see what you should be paying or should owe?

What was the principle and interest of the original mortgage?

Yeah, I'm sorry. So I got a forensic loan on it and it opened up a big can of worms that I've been suspecting for a while because when Bank of America had my mortgage, they would never give me what I asked for for years.

Well, I don't know who originated the mortgage.

Mortgage.

Mortgage?

But the K.O. Mortgage, I did a Refine 2005 at which point.

It was a company called K.O. Mortgage and they no longer exist.

I want copies of whatever, I would ask her about my deed and my mortgage.

Yes, the deed and the mortgage is different than the assignment.

it says here, front of me, the original mortgage lender was the Accenture Corporation.

and it says original mortgage lender, mortgage lender, it's the new century mortgage corp.

If you can't put away the amount you would pay for the mortgage, put away half that amount, put it in an account somewhere.

statement and mortgage, the deed of trust or the mortgage document.

the mortgage.

So they don't know anything about what you have been charged on that mortgage, except

So when you ask for a complete accounting of the mortgage, that is not unreasonable.

with the mortgage.

The origination only did you 1% of the mortgage, and I find them 1.5%, 2% of the mortgage.

And that's a whole different issue than the mortgage issue.

If the courts do what they've done in the mortgage issue and just blow off everything,

And yes, okay, for this evaluation, if anybody out there has a mortgage issue and you're

fighting a mortgage issue, I have this spreadsheet and it only takes me a few minutes to load

And I'm not really doing mortgage issues very much anymore.

mortgage in the form of a claim against the lender.

So if you want that, if anybody has a mortgage issue, send me those HUD-1 settlement statements.

come to me and say, I've been up to date on my mortgage and all of a sudden the bank came

What they do is they wait till you've paid off 15% of the mortgage, 15%, because their

mortgage insurance they require you to purchase will only pay off 85% of the original mortgage.

So I need the truth and lending statement to note the mortgage document, be it a deed

of trust in New York, it'll be a mortgage document.

and the mortgage document.

And then the note and the mortgage document.

And by agreement, by getting a mortgage is what was the nexus to the property tax.

And once you didn't have old money or the mortgage anymore, then the property tax subsided.

and the way they get you hooked into the tax to start with is through a mortgage.

And I just caught myself. You said he started with mortgages and yes, it did start with mortgages, but not the kind you tend to think of.

The mortgage was a mortgage with the government, with the state. The state sold it to you.

If at any time in the process subsequent to the issuance of the land patent, if the property is mortgaged,

a mortgage company will not accept the property unless there is title applied to the property.

No mortgage company will issue a mortgage without a title.

Yeah, it did, unless one of those people elected to attempt to secure a mortgage in which case they had to petition for title in order to get the mortgage,

He was taking on a mortgage issue.

Could that have been the mortgage? No.

The mortgage. Look on the mortgage.

Look on the mortgage, and the title company will be on the mortgage?

They had the judge go out and get a mortgage on his property, and then they paid off the mortgage.

And if you don't have a mortgage on the place, you can bring them up for a loyal title.

That's in a civil case and that's if you had filed a motion indicating that the removal by the other companies, by the attorneys to the mortgage company had filed frivolous pleadings in the local court in order to delay, you would have gotten sanctions.

All right. I guess I found the note. I think I found the mortgage.

So if the amount they're actually charging matches precisely with what the note says, then we take off the amount from the HUD 1, run the note, and whatever the amount on the HUD 1 is, over the 30-year mortgage term, it will about triple.

In Virginia's case, you didn't find anything with the assignments and mortgage?

changed hands and you weren't properly noticed as the mortgage requires.

Then you can make an allegation based on the covenants of the mortgage.

When he does the securities analysis, all the banks sold the mortgages, they securitized

the mortgages in the country except two.

I filed a declaratory judgment in his court over a mortgage issue.

Freddie's name, which is also known as the Federal National Mortgage Association.

later corrected the summary judgment and changed it to the National Federal Mortgage Association.

The assignment of mortgage they're depending upon is a forgery on its face.

of the mortgage.

The assignment of mortgage they're depending upon that is a forgery resided 2004.

the recon trust and the people that had been assigned the mortgage, the deed of trust.

that they owe money to the Federal National Mortgage Association.

whoa, we're going to have to delete them and insert the Federal National Mortgage Association.

challenging my mortgage, the thing that I think would be the most value of what we're

See, I was under the impression that in your contract on your mortgage that you're allowing them certain things,

In a mortgage, a mortgage is somewhat different than a deed of trust.

A mortgage you actually transfer title to the mortgage company.

And I haven't looked closely at my mortgage, but I understand...

I've heard this elsewhere that in mortgages, they actually put you down as a tenant.

In a mortgage, you deed the property to the mortgage company.

In a deed of trust, actually, you transfer legal title to the mortgage company.

In a mortgage state, the lender holds legal title while you hold equitable title and you hold possession.

When you pay the mortgage off, you have to act and go get the land patent or the allodium title in order to remove yourself from the tax rolls.

That's different than a mortgage.

You can remove, well, not in a deed of trust state, you should be able to remove the property from the tax rolls by eliminating the state claim against the property, even if you have a mortgage against it.

Because it doesn't affect the mortgage company.

If the mortgage company repossesses a property, a land patent doesn't help you when there's a contract.

So if the mortgage company were to repossess the property, they could simply put the request that the title be reapplied to the property and they would not be harmed.

In a mortgage state where legal title is transferred to the mortgage company.

Now the mortgage company has a direct specific interest.

Although I don't see how the mortgage company in either case would be affected.

A servicer is a company that contracts with the holder to collect the mortgage and service the

loan form. The mortgage company writes the loan, then they negotiate the note to a third party,

then the MERS assigns the mortgage, they assign from the old servicer to the new servicer,

assignment of mortgage. Then he said, remember, this was a Ginny May loan.

been adjudicated. The house has been sold. HSBC Mortgage Corporation foreclosed on a house,

public record. That's their weakness. It's in the mortgage that they're required to give notice of

So you go back to the mortgage. The mortgage is a grant of a privilege.

In a mortgage state, you grant the privilege of a claim against the property as security

following. The defendant's loan is an FHA loan. HSBC Mortgage Corporation is the original lender.

HSBC Mortgage Corporation sold the loan to Government National Mortgage Association

shortly after signing with the homeowner in 2006. So therefore HSBC Mortgage Corporation

no longer owned the loan at the time HSBC Mortgage Corporation foreclosed. Now is that true

better with medical. Okay here we go. HSBC Mortgage Corporation no longer owned the loan at the time

HSBC Mortgage Corporation foreclosed. I'm just going to write what I was told. Here we go.

mortgage gives the claim to HSBC. But since HSBC is not the holder their claim is worthless.

Okay. What the other side would say was already a mortgage claim went to the courts

The party I'm just quoting what Joe told me. The party that was foreclosing HSBC mortgage

lender HSBC mortgage corporation sold it and if they sold it it was no longer the original lenders

Okay yet they did so and the court went right along with it as if HSBC mortgage corporation

these assignments. Assignment number one July 29, 2009, MERS to HSBC mortgage corporation

HSBC mortgage corporation and then Joe goes they screwed up.

Okay go ahead. When MERS assigns the mortgage to the current assignee

that generally means that in the background the mortgage the note was negotiated to a different

because this is something that's a little bit confusing. When the lender sells the mortgage

We will forget all of the extra charges will reduce your mortgage to 180,000.

Now, what she could do is lease the property and if you lease it for an amount sufficient to pay the mortgage and if you can't get a hold of him, he's stuck on the lien.

He does a securities analysis for mortgages, and we pick on him a little bit.

They would take these mortgages and put them into a large pool and then they would sell

Well, it's maybe 10,000 mortgages in that thing.

there who has a mortgage issue, the most fertile place to go to are assignments.

You have the original lender who issued a mortgage, and then you have an assignment

the mortgage into a trust, and the original lender stayed on as the servicer.

And then in the background, the mortgage or the note is negotiated to another party.

the beneficial interest of the mortgage, but the original lender no longer holds the beneficial

interest of the mortgage.

New York's a mortgage state, so you issued a claim against the property, and they breached

the original lender negotiated the beneficial interest in the mortgage to this backside

of covenant 16 of the mortgage and thereby waived the privilege granted in the mortgage.

When you get through the second one, then you do an analysis of the mortgage payments,

They're being set up because what they do is they want you to pay the mortgage down

the mortgage paid down, they've got all their money back, then some.

And in mortgages, you're dealing with the money changers.

He said that the bank sold the note, sold the mortgage, sold the note, whatever you

The mortgage is the lien document.

thing, it can be a good thing, especially in a mortgage issue, is litigating these issues

to make a deal you can live with, remortgage the whole thing, start all over, with a much

mortgage at the time of the filing.

Before they went out of business, they did not assign their mortgages to somebody else,

so the argument is that anybody else trying to collect on one of those mortgages had to

scoundrels and crooks and thieves, but they tend not to go back to their mortgage and

would pay on your mortgage at least and put it in a bank account every month without fail.

Guy in Sacramento had a $350,000 mortgage, they had him up to owing $560,000.

And generally in covenant 15 or 16, depending on what kind of mortgage it is, there will

And Deutsche Bank stated in this court that they had no interest in any of the mortgages in this trust.

Well, her mortgage was in that trust.

The creditor, CFAB Mortgage Loan Trust, U.S. Bank and A trustee was aware of the opportunity

Yeah, so they trans, they assign the mortgage to Oblivion.

But it was, we think who that was, Citibank, City Mortgage, and a company owned by City

Mortgage that was a wholly owned subsidiary of City Mortgage.

But what the brief said, while it's a wholly owned subsidiary of City Mortgage, it is not

City Mortgage.

So, when they did an assignment to Countrywide in 2015, they assigned the mortgage into oblivion

Pennsylvania, where there was a mortgage being foreclosed that the homeowner did

but at 72, she was in trouble. Her health failing, she couldn't pay the mortgage unless she found

as far as their rent or their mortgage or their car payment or whatever, you just submit to them a paycheck stub and what your basic expenses are,

care and to have their mortgage paid and make sure they have food and water and electricity

certainly the servicer, and they will only have records on your mortgage for as long as

Her health failing, she couldn't pay the mortgage

Okay, I was going to do an evaluation of your mortgage.

But I don't have any mortgage documents.

mortgage because they can't know, nobody can do anything with it.

Okay. No, it doesn't void the mortgage. It makes the mortgage unenforceable.

Exactly. Same thing. Careful. Look that up. Careful. The mortgage is still valid so it's

not void. Based on that issue, it's not void. It's still a viable mortgage. It's just there

is no one who can enforce the mortgage. If you say it's void, the court's likely to

But when you file for a declaratory judgment against a CSAB mortgage pass-through certificate

And he signed a mortgage to his brother-in-law, and then assigned it to a trust, recently

The 2004 document purported to assign the mortgage to whom?

Countrywide Home Loans Inc. took the mortgage, the deed of trust.

The original mortgage was to countrywide.

It was from Countrywide Home Loans Inc. to C-S-A-B, mortgage-backed, pass-through certificate.

mortgage to 2007 was a void assignment.

This attorney created and filed foreclosure complaint attaching a copy of a mortgage known to be a forgery by Calisaph of David for Mr. and Mrs. X to that effect.

There was no evidence that Mr. X signed two mortgages at the same date hundreds of miles apart.

Even though the law firm did have copies of these documents that were unrecorded to benefit the more forgery mortgage of the same date that was recorded.

Dead attorney was knowledgeable of this recorded forgery, was not signed by Mr. X, knew it was a forgery, and had access to the original unrecorded mortgage, which was not assigned to a client aqua loan servicing,

by withholding the original mortgage and not suing on that one and pursuing on the forage mortgage two documents were concealed, the deed to both Mr. X and Mrs. X and the original mortgage and the sector funds to record those and the sector of the state transfer tax.

His attorney is going to talk to the county prosecutor this week and show him both mortgages.

kick it out after he answered the complaint saying this is a forged mortgage.

So you're saying it makes the judge party to the forged mortgage?

mortgage in 2015, the last assignment recorded and the Assignee in 2012, US Bank for a CSAB

Mortgage Loan Trust 2007-1 assigned it to Countrywide Home Loans Inc. out of California

Her health failing, she couldn't pay the mortgage unless she found $10,000 the bank would foreclose.

And that's like having a mortgage payment without a house.

Her health failing, she couldn't pay the mortgage unless she found $10,000 the bank would foreclose.

but at 72, she was in trouble. Her health failing, she couldn't pay the mortgage unless she found

but at 72, she was in trouble. Her health failing, she couldn't pay the mortgage unless she found

Her health failing, she couldn't pay the mortgage unless she found $10,000 the bank would foreclose.

And she, it was basically on the fee that the bank charged all the reverse mortgage people. And

money because they were overcharging fees on reverse mortgages. Well, based on what I read in

and she was talking to me today by email, you know, she wants to help people with mortgages

Yes, so I will try to put you in touch and then you can help us both with this mortgage

Her health failing, she couldn't pay the mortgage unless she found $10,000 the bank would foreclose.

Now, you say they have file petitions for the attorney's fees or their legal fees and those were denied. If they're relating to the same case and the same issue and the same mortgage and they were denied those fees, then they don't have a leg to stand on and collecting them from you.

Her health failing, she couldn't pay the mortgage unless she found $10,000 the bank would foreclose.

Now, in relation to the mortgage contract,

If the mortgage contract specifically says

Her health failing, she couldn't pay the mortgage unless she found $10,000 the bank would foreclose.

Oh, I would say it's 2010. It's been a while. Sorry, it's been a while. Yeah. Okay, so where are we? So now you're filing a petition for declaratory judgment. I don't understand the relationship of the trust and the corporate entity to the mortgage.

The corporate soul is the ministry of my husband, and I started years ago before we even had a mortgage. It was started just about the same time we got married. And then recently, we had an ecclesiastical court get us at order a trust to protect the property of the corporate soul.

So when we had the mortgage, what we did, why we gave a mortgage to the corporate soul was we wanted to change the title to the corporate soul, and we wanted it protected as a, what would you call it, end of life plan?

Because we're old. So what we wanted to do is put our property into the ministry, but we wanted to do it because there in Pennsylvania, they have such high taxes on transfers of property that we figured, well, it's cheaper just to record a mortgage and then do a deed a little for a mortgage of $80, that's about a couple thousand.

So that's why we gave it a deed and loo. And then we started having, not a deed and loo, a mortgage on the property. That was the original plan because we thought that the rescission and all was going to, it was okay. There was no objections to that.

And we assigned it into the, we assigned the mortgage into the ecclesi, into the, into the trust where the ministry is the trustee.

No. And they didn't add the other party. That's what I'm saying. It's still, it's still recorded in her name, the mortgages in the name of the trust.

And we're giving them a deed in lieu that, from May, and we filed a deed in lieu and that's getting recorded this week. And then they'll file for the quiet title and to avoid the foreclosure hearing because they didn't add the second mortgager to the foreclosure.

She did it on the fact that she had a notary presentment that everybody waived their claim and she wanted an adjudication that there was nothing owed on this mortgage because they waived their claim.

And the only person that has an interest right now in the property that was last assigned the mortgage is Countrywide Homelands Inc.

second mortgage holder, and as soon as they get their motion approved to dismiss the foreclosure

because they knew, number one, that the mortgage was rescinded.

They've been going through this for 10 years with a forgery as a mortgage itself, not a forged assignment,

but a forgery of a mortgage in the record that was notarized 400 miles away from their house.

So now, before he could even file the dragonating, they filed for foreclosure using this forgery of a mortgage.

dead assignee of the mortgage, that we'd put that in front of the bankruptcy court, and

In the foreclosure court, there was a forged assignment of mortgage

I have another mortgage on the property

And the other mortgage has put it in...the mortgagee had put it in a trust

I know, my attorney is enough to it, he doesn't, he really doesn't, he would rather go with the quiet title on the mortgagee

and that they, you know, in good faith and all that kind of stuff, they, you know, they accepted another mortgage based on the rescission

And that was it, because the mortgage was over a year after we sent the final notice of rescission

So he figures that because of the way Pennsylvania law is that they're not obligated to have anything to do with that mortgage

The new mortgage, the second mortgage company, the Corporate Soul Trust, had no notice that the rescission had a problem

Her health failing, she couldn't pay the mortgage unless she found $10,000 the

the well this is the mortgage that they collected.

Her health failing, she couldn't pay the mortgage unless she found $10,000 the bank would foreclose.

Her health failing, she couldn't pay the mortgage unless she found $10,000 the bank would foreclose.

couldn't pay the mortgage unless she found ten thousand dollars the bank would

position in the file through the purchase of MSRs, which is mortgage servicing relief.

that really makes up maybe as much as 40 to 50% of any mortgage company's assets. And

free mortgage help.com, I believe. And I have a massive amount of information on there.

option. Now, that's a very short time when you're dealing with a 30-year mortgage.

But at 72, she was in trouble. Her health failing, she couldn't pay the mortgage unless she found $10,000 the bank would foreclose.

here who's got 3 kids, 2.1 kids, 2 cars, mortgage, job, him and his wife both working 40 hours

family we're taking care of every day, we don't have mortgages, I'm an old guy, my mortgage

If you remember in October of 2016 my bank, well the one that claims to hold a mortgage

the court has never addressed that because there is no mortgage.

They just waxed with a forged assignment or mortgage even though that Fannie Mae was adjudicated

had other mortgages on the property.

my second mortgage holder who happened to be a courier of interest and they are filing

It's owned now by our second mortgage holder.

I don't have any kids, no mortgage, no car payment. I work for myself and I literally come home and I researched the law and I listened to you guys on the radio or on the, you know, on rule of law.

Her health failing, she couldn't pay the mortgage unless she found $10,000 the bank would foreclose.

But I even talked to the Federal National Mortgage Association and they clearly stated that they're not the record beneficiary of this mortgage.

And they sent it over to phone to us because they split the captions from HSBC to the Federal National Mortgage Association.

You want to see any mortgages he's gotten against those properties and how quickly they were paid off.

but at 72, she was in trouble. Her health failing, she couldn't pay the mortgage,

But I even talked to the Federal National Mortgage Association and they clearly stated that they're not the record beneficiary of this mortgage.

Why they're using their name for being the real party of interest in this mortgage action is beyond them and they sent it over to phone to us because they switched the captions from HSBC to the Federal National Mortgage Association.

with a friend of mine who has a mortgage issue? They didn't order mediation there, and we

Mortgage document that I have

Her health failing, she couldn't pay the mortgage

I had a $60,000 mortgage

and that name was deleted and inserted as the Federal National Mortgage Association.

If the holder does not have their holding properly filed in the public record with a complete chain of title from the original deed of trust to this holder or the original mortgage to this holder,

I understand that, but I do want to let you know when they filed the proof of claim, they're trying to say that the Federal National Mortgage Association has reassigned that as of 2009, I think 2015, which is totally wrong because they just sold it.

It was sold from HSBC assignment to the Federal National Mortgage Association.

Did Republic Bank do an assignment of the mortgage to another party before they went out of business?

You have a mortgage filed by Republic Bank.

rule that there was no assignment of the mortgage to any party prior to the time that Republic

If I come down and say, you've got a mortgage you didn't pay, I'm here to foreclose.

There's a bank come down and therefore closing on a mortgage that wasn't written to them.

And the question here that I've got, can she sue for triple damages, triple of the mortgage amount, or two of the damages?

Can you sue for triple of the mortgage?

What state? And I'm asking for state because some states are mortgage states.

Which is a mortgage state?

Does he have mortgage insurance?

And that should cover his... If he's terminally ill, have you looked at the mortgage insurance to cover the premiums?

There wasn't mortgage insurance.

There was not mortgage insurance.

First, I'm not on the mortgage. So when he... He was self-employed. So when he passed away...

That put the... That put us over equity, meaning the mortgage crashed.

The second mortgage, the business line, when he passed away, they wrote that off as a loss.

You have the mortgage, you have it, you've pulled all the equity out of the mortgage.

The bank is looking at your mortgage as a calculation.

especially if they have sold your mortgage multiple times, which was more of a problem in earlier times,

But the mortgage companies were selling the mortgage several times to different pools.

Once you've paid the mortgage down 15%, then they want the mortgage to foreclose

because they've sold it two or three times and they've bought mortgage insurance on it for each one of those.

And the mortgage insurance will pay 85% of the original premium.

So they sold it at 3% under what the mortgage would produce.

If they can get you to default, then the insurance pays off all of these extra mortgages that they filed.

I've helped over 700 people file suit in mortgage cases.

The plan was, it was a sale plan to sell the property and take off this mortgage and whatever other debt they may have.

Her health failing, she couldn't pay the mortgage unless she found $10,000 the bank would foreclose.

She took on the state of Pennsylvania over a mortgage issue and has been working them over for the last six or seven years.

And then you can move to have the foreclosure overturned, and there's about 100 ways we can do that, and then clear the mortgage.

The bank did not have the legal capacity to do so because they had sold the mortgage right after they signed Virginia on it.

They sold the mortgage to Ginny May. Ginny May is not mentioned in the public record.

You already did. Is there an opportunity to sue the bank to triple the mortgage amount and just give me the basic strategy outlining what's to be done?

And New York is a mortgage state.

Someone holding a mortgage just can't come to a justice of the peace and say, I want you to throw this guy out of his house.

In a mortgage state, they have to file in the district court a petition to foreclose.

That's exactly what's going on with all these so-called mortgage fraud gurus that are telling people, hey, sell me your house.

I have fulfilled my, my mortgage has been paid off for 20 years.

This incredible bubble is absolutely insane and it's unsustainable. Get out and when it crashed and people couldn't pay their mortgages, don't pay it, fight them.

So I'm going to ask you for Ken's help with the mortgage fraud, and I'm going to ask for

account and put at least half of what he would pay toward a mortgage into that account and

I got more claims you can go to free legal help, free mortgage help.net, I got all kind

So that was free mortgage, say that again.

Yeah, free mortgage help.net.

How old is the mortgage?

What was the original mortgage amount?

Okay, what does the 18 years of a 30 year mortgage, he should have the thing down to

He's basically, the mortgage balance right now is about $350,000 and then he hasn't been

That's what they're going to say, okay, was the original mortgage a fixed interest or

was it a variable mortgage?

No, what has happened is over the time, different companies like, well, Colony is the mortgage

So original mortgage, $400,000, 18 years ago, approximately 18 years ago, do you know what

Have you done an amortization on the mortgage to see what it should be, or how long's it

If he could sell the property and pay off the mortgage, they're claiming $400,000.

So you've challenged the garbage fees and then offered a pay off the mortgage request

Are there any assignments of the mortgage in the public record?

Who was the original mortgagee?

Anytime the mortgage changes holders,

the new holder wants his own people collecting, doing the mortgage services for him.

Now, if you look at the record, you would think that the mortgage was assigned from company A to named company B.

When they change servicers, the servicer is given information to indicate how much the previous servicer claims the individual owes on the mortgage.

Do that one, then come back with a fraud claim on the mortgage.

You claim the mortgage is paid off.

If you tell the judge you're trying to sell the property so that you can pay off the mortgagee, the judge will almost certainly give you the preliminary injunction.

But going forward in the lawsuit is Dave's objective because as a result of heart, he's supposed to have had a fixed interest rate until the house is paid off, until the mortgage is paid off.

Then it's not something I can do on the radio, but as old as this mortgage is, you can just claim that the amount,

Well, that's a previous case, this is about my brother's mortgage.

Oh, the mortgage, okay.

We could do, I could do two shows on mortgage.

Okay, I'm going to ask you some questions about his mortgage.

You've got a 19 year mortgage here, right?

Okay, if you think about this, why would a lawyer who is foreclosing on a 19 year mortgage

He lived in it for seven years after he stopped paying the mortgage.

I can help you fight your mortgage in the courts, but you have to understand the courts

Your original mortgage is $350.

We will lower that mortgage to $150, refinance it at 2% interest.

So all that money he would be paying on a mortgage he can put in a bank account, and it's pretty well to his benefit.

It's a 19 year mortgage. There should be almost nothing left on it.

me a notice which stated that the instrument representing the indebtedness of your mortgage

matter. They don't care. And the actual statute said within 30 days after any mortgage has

been satisfied, the mortgagee or the assignee of the mortgage shall execute a certificate

in the office of the counter recorder in which the mortgage is recorded. The mortgagee shall

then deliver upon the written request of the mortgagee or the mortgagee's assignee or

sign the original note and mortgage to the person making the request. And they refused

that answered in time. I have requested the original note as paid in full from my mortgage

mortgage is paid in full, the owner of it can request the original note, not a copy,

people send me all their documentations. Half the time I spend on doing an evaluation of a mortgage

where you're dealing with a mortgage issue, you see the lawyer for the full amount of the mortgage,

if you're suing about a mortgage and he claims he weighs 150 pounds when he really weighs 250,

I did that was because, number one, Pennsylvania statute says that if you don't have a mortgage

to foreclose now on that mortgage? Bank of New York Mellon. Who is the lawyer who is

said that the bank sold the, let's see if I say this right, sold the mortgage to Ginny

mortgage, Ginny May would not have standing to come before the court.

in the mortgage to a third party, then that person no longer has standing to invoke.

Those GSEs are insurance companies for mortgage lenders.

I'm still the holder of the mortgage.

Just because I got Fannie Mae giving me insurance doesn't mean that Fannie Mae holds the mortgage.

mortgage is the one that has to come forward and that would not be Fannie Mae.

My foreclosure is not over yet and I also had rescinded the mortgage and got another

mortgage.

I had to file a deed in lieu of the foreclosure to the non foreclosing mortgage holder who

the foreclosing mortgagee.

The problem, the one problem is, if you have a mortgage on your property of any kind,

they will not accept it as a load deal until that mortgage is removed.

Because the mortgage company will stop paying for it.

Yeah, that if you have a mortgage, then a title is a condition of the mortgage is contractual.

of the reinstatement of the mortgage and the ledger entries that I asked for and statements

mortgage foreclosed on me, the judge didn't want to hear anything at all about Fannie

so why is fitting mortgage in there? And they had a forgery of an assignment because

in that case anymore because we signed a deed in lieu of foreclosure to the second mortgagee

the second mortgagee was there one year and one month after we filed our rescission of

the mortgage without any objection from the bank. Okay. In Pennsylvania, do you have a

against the mortgage, you know, I mean, if they can get a summary judgment, a motion for summary judgment,

And then after that, I filed, I sent my deed in lieu of foreclosure to my second mortgage holder.

give me a deal. They come back and said, we'll reduce your mortgage to $125,000.

You take half of what you would pay for a mortgage or a rent and put it in an account every month.

And whether or not your mortgage was wrongful,

Can you sue the banks for three times the amount of the mortgage?

Would it be because HSBC supposedly sold the mortgage to Ginny May?

Ginny, if you have reason to believe that the mortgage was sold to someone else and you weren't noticed, that's in the contract.

half of what he would pay per month for mortgage a rent do that religiously you

been paying to them if you just pay the mortgage and use it against them so

normally pay for your rent or your mortgage put it in an account you hold

clear the mortgage is good now the if he can pay off the mortgage or just

of the principal interest of the mortgage has changed every change must be filed

of principal interest in the in the beneficial interest of the mortgage been

Sacramento they his original mortgages 350,000 they said he owed 500 and

mortgage to a hundred and twenty one hundred and fifty thousand we will wipe

care we're making a lot of money here I mean what would his mortgage payment be

pay off the mortgage but you don't have a bona fide amount to pay you just got

lived in it five years after he stopped paying the mortgage when the supreme

Federal National Mortgage Association at the very last moment, because a lot of times

called the Federal National Mortgage Association, which is Franny and Freddie. And they

Well, the servicer will be acting as agent for the beneficiary of the mortgage, of the note.

Right, the Federal National Mortgage Association, correct, but the Federal National Mortgage Association has told us several times over the phone, it's irrelevant, there's no depth with that.

Okay, has the Federal Mortgage Association filed anything with the court indicating that they don't have a claim?

No, but the attorneys that allegedly represent the Federal National Mortgage Association did file a claim.

Hey, Randy. We had a big bankruptcy hearing Tuesday and it was fed for the extension of 60 days and the creditors for Key Bank and Federal National Mortgage Association

In Erie County you have to get the name because the name goes to the mortgage and the mortgage goes to the property.

But I found a discharge from HSBC in 2008 that this mortgage was already discharged back in 2008.

because they've already declared the mortgage as paid off.

of health care, all the way in the mortgage insurance, everything in Texas and now licensed

Yeah. Yeah, it's amazing because they said that the Federal National Mortgage Association

to the Federal National Mortgage Association. Do you have that in writing?

was a notice that cancels the acceleration of the mortgage and reinstated the loan as

and there was some months missed on the payment. So the mortgage company brought the full balance

Well, it is what it is. You had a mortgage on this trailer. Yeah. And they're claiming

So when somebody goes and buys a piece of land from somebody, just for this example, let's say private sale, cash, no mortgage, no banks involved,

mortgage and by signing below I agree to all the terms herein and that's what it

right here the entire mortgage if it's transferred to the Federal National

Mortgage Association GMMA or FHL and see I'm not sure what that means but those

condition of your mother signed in the mortgage right so this should hold up in

so what the clause that says the mortgage is void that is a big deal yeah

well that's that's a condition under which he signed the mortgage under the

can't believe I actually did this last week I read the entire mortgage from

mortgages sold to the Federal National Mortgage Association this entire

mortgage is completely void nice you got to be kidding me

Federal National Mortgage Association and now they officially hold the

mpqlg down in Irving Texas but it clearly states that this mortgage gets

not to say that if this mortgage is sold to that the mortgage becomes void

and generally give you a claim of two to three times the amount of the original mortgage

So we take the amounts on the original mortgage

and then we run an amortization on the mortgage

then we file a claim against the mortgage or for three times the amount they're claiming.

Why is the same not true in a mortgage case when they give you multiple different amounts to you and you don't know which one's true and they refuse absolutely to give you an accounting?

statement, the truth and lenient statement, for the most current mortgage that was on

the property for the last mortgage, if it was a REFI or whatever it was, so we're working

So all we care about is what's on the last mortgage.

You're right to receive a copy of the mortgage after the mortgage has been discharged.

Apparently what Ginny May does is they indemnify the mortgage.

They insure the mortgage.

What you need to get is the note, HUD 1 settlement statement, truth and lending statement, and a good faith estimate if you have it, and a mortgage.

Mortgage insurance premium of $1,800.

What was your mortgage amount?

It has something to do with the way the adjustable rate mortgage is constructed.

has a mortgage you can use. It calculates how much the bank is overcharging you or it

rate is 6.75 on your mortgage. With the adjustable rate is probably going to vary around that

over the period of the mortgage, you will have overpaid the mortgage 204,019.96. And

regular mortgage. The last thing you pay is the overcharge. So, if they add an extra penny

generally get you a claim against a lender of two to three times the original mortgage.

thing is for. So anybody who's got a mortgage that's questionable, let me know I'll send

you this spreadsheet. But these days you will have less discrepancies in the mortgage itself.

I never signed it. I was never in Maryland to sign a mortgage. It's a forgery. He's been arguing that from day one.

Are we talking about a mortgage or something here?

And so the secured creditor would be a mortgage or a car.

an actual mortgage and a bankruptcy court.

Or are you talking about something that you've done that is specific to mortgage in general?

it something to do with mortgages at the federal level?

It has to do with mortgages and with the Fair Debt Collection Act.

You used a provision of the FDCPA that is specific to mortgage companies.

All you have to do is show the court that the law requires the lender to return the note once the mortgage is paid off.

Notice the court that the property has been foreclosed on and the mortgage has been retired.

I kept the California mortgage company, Wells Fargo in California in court six years on a two page suit.

The civil part of this case was being carried on by Deutsche Bank, Chase Bank, and Long Beach Mortgage,

place against George Frank Chase Bank and Long Beach Mortgage.

documents that make absolutely no sense whatsoever, a bunch of different title companies and mortgage

companies that don't exist with companies that do exist like Countrywide and City Mortgage,

Mortgage all tied into that with their straw buyers who quote-unquote are investors who

to create double mortgages on my house.

to this article, it has nothing to do with the mortgage... Wait a minute, wait a minute.

I had one person tell me that what they do is they deduct the mortgage insurance from

In a 30-year mortgage after 240 payments that's generally right in the area where you would

So out of 750 mortgages Tina guess how many of the fees on all of these mortgages were

The taxes that you paid were legitimate, the mortgage insurance and hazard insurance and

When I do an evaluation of somebody's mortgage normally half of my time is spending renaming

So I stopped doing mortgages, and the main reason why is because I was frustrated.

would pay on the mortgage and put it in an account every month and don't touch it.

You will get to stay in that house all this time paying no rent, no mortgage, no anything.

I had a guy in New York, he had a $2,000 mortgage, seven years in.

We, they basically raised the, the monthly mortgage on us, at some point we had like

And how old is your mortgage?

Seven years, okay, that's on the back side of 2010, so is, is it a variable rate mortgage?

a year before I found consistent employment, and I tried, um, you know, applying for mortgage

to be helping them is that they take at least half of the loan, of the mortgage payment

Point is, if you take half the mortgage, if you could pay the whole mortgage, don't give

After we were trying to apply for mortgage assistance, it never got accepted.

If you will put some funds in the bank every month, that you would be paying for a mortgage.

No matter what happens, you're going to have to pay rent or mortgage, and you spend all

The only thing I've ever heard them win is mortgage fraud, but almost every time the

If you can't put away at least half of what your mortgage would be, you can't afford that

funds to buy another house with, then you make a deal for them to remove the mortgage

Somehow they managed to put some kind of paperwork together, ignoring Summary One, and went right to Summary Judgment Two, which allowed them to get to mortgage foreclosure.

a lot of these judges are in the pockets of these banks by having pieces of property that they buy, that the banks pay off in a full, you know, mortgage that they don't have to pay anymore,

Have you specifically asked him about properties that he owns and a complete list of all mortgages taken out on those properties?

when a person pays off a mortgage, does this, what's the code that requires them to return the note?

That is not the holder and owner of the note, and he would have hadn't said that he is representing the Federal National Mortgage Association,

When we caught him and stated that there is no assignment to the Federal National Mortgage Association, he came back on his rebuttal, which was just found about a month ago, and he says that the transfer of the loan to Fannie Mae,

They did sell it back to the Federal National Mortgage Association. We communicated with them today, and they said you do not own any debt for that property.

Not in the note, it says in your actual mortgage note, they can send everything to the address

he could get any funds for. And he's got someone that couldn't pay their mortgage. So he's

One of your issues is about whether or not the lender has a duty to give you the mortgage

once the mortgage is paid off.

to a different lender who is second beneath the other one who gave as a mortgage after

I filed a rescission to the first lender a year later, they gave us a mortgage with the

of the mortgage it says they will abide by all state and federal law, well, evidently

hands of the second mortgage holder and we're renting.

When I run an evaluation on a mortgage, there are two things I find.

mortgage paper that proves that the note was paid in full from the bank and she was

Getting a paper to saying that the mortgage was paid in full is not necessarily vindication

because if the lender sold the mortgage to someone else, then the proper procedure is

a mortgage case, the judges are for the most part bought and paid for.

If you file a suit on a mortgage issue, the other side is going to file a Rule 12B6 motion

You're asking me to give you details on a third party suit if she has paid off the mortgage

or if the entity claiming standing to enforce the mortgage has issued a statement asserting

that the mortgage was paid off in full, then you can challenge the standing of that party

Ask the court to rule that here is the mortgage establishing the claim.

Is Texas the same law as New York when it comes to who regulates mortgage companies?

do with mortgages no because i don't do mortgage stuff no this is um i did a freedom of information

We are looking at the mortgages, there are deeds of trust, I think there are 18 deeds

there's two mortgages in bankruptcy.

which is HSBC Federal National Mortgage Association regarding her lost note affidavit pursuant

He told Mr. Chatman, the attorney representing the Federal National Mortgage Association,

Mortgage Association, which by the way, he does not have a power of attorney from the

Federal National Mortgage Association, and the brand new servicer which is Mr. Cooper,

Yes. See, in all of the mortgages, there's a little paragraph that has to do about arbitration, but that's usually about disagreements.

Well, I've seen it in my mortgage. There is an arbitration agreement.

In the mortgage.

I'm in New York, statute of limitations for mortgages.

If you're being foreclosed on, I don't want to really focus on myself, but for everybody out there that has a mortgage, this could benefit everybody.

In our instance case, they filed a motion. We had a great argument because there was no order from the bankruptcy judge for us to make another payment to the mortgager,

This is a bit complex to do this way. I don't know enough about mortgage mortgage issues in bankruptcy to know how the payments are determined.

When you file bankruptcy and you have a mortgage, does the bankruptcy filing automatically stop your requirement to pay the mortgages?

you have a mortgage with them, that means they don't want money for the mortgage.

That means that your mortgage is okay, that they repudiated that mortgage.

get rid of your mortgage because if they don't answer it, then they owe you the money that

Well, not just lawyers, because they're going to, not lawyers, these are going to the mortgage

doing to me when I had made every mortgage payment for 88 months, and so instead of using

to scare me when I'm not in arrearages on my mortgage.

Yeah, well, I complained about their illegal actions on my mortgage, even though I made

in this corruption involving my mortgage.

my mortgage company called One West Bank founded by our Secretary of the Treasury, Stephen

2008 and I finally was successful in getting a hand mortgage by a devious manner.

And I have made 88 monthly mortgage payments and I have found many, many errors and refusals

mortgage statements and not charging me, should not charge me with the loan servicing fee,

mortgage company and how they had made some clerical errors, it sounds like.

Now, just as a point of law, I'm asking this, with her paid in full mortgage and fraudulent foreclosure and eviction, now she can't get anybody to help her.

But he can't pay his mortgage because he has 30 buildings he can't rent out

everything was given in his personal name we filed a a qualified written request on each mortgage and

you are in a mortgage situation a foreclosure situation the bank will do everything they can

which is mortgage servicing rights. Well Barrett, Daphne, Frappin, and Kiss My Behind but they were

2941 states that a mortgageor can request the original note back as paid in full once

then the person who had that mortgage can ask for return of the original note marked

But then it says that upon the written request of the mortgageor or the mortgageor's pair,

successes or assignees, as the case may be, the original note and mortgage must be sent

What does a deed of trust have to do with the requirement of the holder of the mortgage

to return the note to the mortgagee once the note has been satisfied?

Once you take a position, wasn't it you that had a mortgage that was being apparently held

of America was suing based on a block of mortgages, and Deutsche Bank said, we don't have anything

to do with those mortgages, and your mortgage was included in that, and then Deutsche Bank

was trying to foreclose on that mortgage.

It says, Defendants HSBC Nation Star Mortgage, Mr. Cooper, the terrorist, the Federal National Mortgage Association,

I've got friends with children and mortgages and car payments, they're up to their eyeballs.

Now, if you look through your mortgage, sometimes they have an arbitration clause where it pertains only to the areas where they would have like fire insurance policy that you would be collecting on.

And there, the qualified written request in a consumer mortgage establishes the duty to respond as contemplated by TWIL. And that's important.

and a return of your property or the vacation of the mortgage or deed of trust.

they $1,000 and $1,000 and they were trying to set off their mortgage in a foreclosure

This supersedes the mortgage contract, supersedes and dismisses all the other contracts.

bank to pay off our mortgage because I didn't want to pay, send them a check and have them

So I was going to go to a title company to pay off my mortgage and they wouldn't put

is such an important procedure that I want to make sure I get it right. In a mortgage issue,

and they wanted us to be behind in our mortgage

and a deed of trust or mortgage. And under that, the parties agree to a bind by all

are referring to... The qualified written request....the trust, the mortgage, or something else.

had a forged assignment of mortgage. I mean, the creditor who had the mortgage said they had no

part of the assigned mortgage. They did not assign it to them. And they said it in court,

for the damages that they've done to you. Because you rescinded that mortgage. And the

three years. All you had to do was file a notice that you intended to rescind that mortgage.

And that's especially appropriate because the one thing the mortgage companies wanted to avoid

a mortgage and

a mortgage

because the claim is based on the assignments of the mortgage, of the note.

Does it say that the mortgage or can request the original note?

And it was a court case, Goldberg versus Nation Star Mortgage, California.

and the reason was because the mortgage that they had

They had a mortgage and the block and lot numbers were completely different.

And the interesting thing is he never signed the mortgage.

They had a signed a mortgage with him and his wife, and that was never recorded.

Someone took that mortgage and converted it so only his name was on it and recorded that and had it notarized by a notary down in Maryland somewhere.

So that mortgage he's being foreclosed upon is a complete forgery he never signed.

And the one that they did sign is poison quiet so that there's no real mortgage against the property.

And then once you see the properties, see if there have been any mortgages against the

Take half the mortgage and put it in a bank so that when you get to that point, then you've got a handful of money that you can go to them and broker a deal.

And originally, the first lean holder was HSBC, but they bailed out that we have no interest in this property at all, so they changed the judgment from HSBC to the Federal National Mortgage Association 30 days later.

So if you have a $250,000 mortgage on that property and it sells for $59,000 by the second lienholder,

Remember, we recorded that conversation with the Federal National Mortgage Association out in Washington, D.C.,

and you can even go online and look up the Federal National Mortgage Association,

and said there are no liens or loans with the Federal National Mortgage Association.

And they gave me two law firms that represent the Federal National Mortgage Association

and none of them that filed a proof of claim have been hired by the Federal National Mortgage Association.

If you could stand up and breathe, they would give you a mortgage, so they gave everybody

all these mortgages, and they're paying in on these mortgages, and then they crash them

National Mortgage Association, he jumps up, goes, I do your honor.

Have you questioned these guys about any derivative sales on the mortgage?

Because this sounds like they have derivative sales on the mortgage, and they absolutely

Now, if they have sold your mortgage eight or 10 times, then they have eight or 10 insurance

policies against the mortgages.

And it'll clear all of the mortgages they have sold.

They sold these things and got 93% of the mortgage on the front end.

And when it forecloses, the insurance company pays off the mortgages.

They mortgage everything

Well, I was always put off by that because we have people out here that's got kids, they've got a couple of cars, they've got a mortgage, they've got two jobs, they've got all they can handle.

But I also pull out a certified copy of the mortgage, a notice of mortgage payment.

I don't even have a mortgage with Key Bank and I filed a notice of mortgage into my bankruptcy case or trying to like force my hand to add it into the plan.

But I just wanted to just let you know that I did go down there and get a certified copy of the actual notice of mortgage payment so they can't alter the docket or change it later on down the road.

Okay. How relevant is the issue of this alleged mortgage payment?

Yeah, I've been looking up the rules. It looks like from what I'm reading here, Randy, you have to file a proof of claim before you can even file a notice of mortgage.

can mess with your property. If you keep the taxes paid and you pay the mortgage, nobody can mess

of the Air Force with a VA loan. That was nice, but I've been doing a lot of research on mortgages.

knowledgeable on what mortgages are, what the contracts are, everything that goes into owning

a home or owning a home through a bank. Go to freemortgagehelp.com. That's a site I have up.

finding it. That was information I put together when, during the mortgage crisis, when I was

still produced in legal size, and it will have a list of all of the fees associated with the mortgage.

where I put in all of your amortization, all your information on your mortgage, and it tells me

straightforward. Depending on what you want to do with your mortgage, if you want to get

all of the costs of creating the mortgage. On this, on the second page of the HUD 1 settlement

you the URL from my website, I made a mistake. It's freemortgagehelp.net, not.com. Our producer

tried it on the break and we had to get it corrected. Okay, so it's freemortgagehelp.net.

A lot of information there, but I don't think my mortgage analysis tool is on there,

On a 30-year mortgage, depending on the interest rate, if you get charged an extra dollar on the

for two to three times the original mortgage amount. Then you can go to the original lender

five years. Cut that in half and take that off my mortgage and rewrite this mortgage.

in this mortgage stuff and homeowner rights stuff, and this sounds like a great avenue,

so I appreciate it. Okay, well go look at free mortgage help.net, all kind of stuff on there,

Now, in the meantime, Keybank filed a notice of mortgage payment two weeks ago.

In Keybank came in and filed their notice of mortgage payment, and I don't even have a mortgage with them.

It's almost certain they have sold your mortgage in multiple times and they absolutely cannot

afford to lose the case because they don't have to pay all these mortgages back what

They sell the mortgage for I think the standing price was like 93% of the face value of the

mortgage.

If they give you a $200,000 mortgage and they sell it 50 times, I have a woman in Dallas

The 70 times the original mortgage amount and they have mortgage insurance on each one

any mortgage.

I suggest that people put half their mortgage in the bank and then they build up a nest egg

That's the name of the mortgage company in Dallas, Texas, they bought out, oh, I thought

Sataris came from PHH, which was worked with HSBC and the Federal National Mortgage Association,

And have you, have you asked for production of the original mortgage note?

But more, but New York is a mortgage state.

So do they have any kind of final determination on a mortgage suit?

Because the proof of claim include evidence that the claimant holds the original mortgage

the mortgage is satisfied, even if it's satisfied through foreclosure, the borrower has a right

Mortgage Association, and they're not even a party of the case, it just blew us away

And it says that after a mortgage is,

and force all of the mortgage insurance policies

then the original, the mortgage or can request it from the trustee or the bank, whatever.

of the trustee. I never was a trustee under the trust, under the note. I was the mortgage or,

and that's what it says, the mortgage or. How can they tell me I'm not entitled to it because

I was jacking away and somebody had muted my mic. Mortgage or mortgagee. Mortgage or,

is that the one who secures the mortgage or the one who grants the mortgage? And the mortgagee,

is that the one who receives the mortgage or is that the one who lets the mortgage? My understanding

is the mortgagee or is the one who pays the mortgage. The mortgagee is the one who gives you

the mortgage. Okay. And what statute was that you read? It was a little too long and complex for me

because if they talk about the mortgage or being able to get the note and they don't make the

distinction, they don't say once the loan is fully satisfied only by the mortgage or it doesn't say

the mortgage has to be satisfied except in foreclosure cases. It doesn't mention the foreclosure

as such with the mortgage or it just says, as you claim, it just says it has to be paid. Now,

sudden wing fall and he said, you know, I'm going to pay your mortgage. They wouldn't give the original

And that's what the statute says, once the, you know, the loan is fully satisfied, the mortgage or, which was me, can request, or there is or signs can request the original note

Although I did get some of that back, but isn't your equity in the property? Isn't that paying for it? Because the statute doesn't say it must be paid by the mortgageor

Petitioner also cites civil code section 2941, however that section applies to a certificate of discharge after satisfaction of a mortgage

Well, wasn't I the mortgageor under the deed of trust, wasn't the mortgage satisfied?

I have standing because I was the mortgageor

It talks about the mortgageor

I was the mortgageor under the deed of trust. Does that not give me standing?

Exposing the judges that remortgaged their property over and over again and somehow mysteriously gets paid off and nobody can ever seem to find out with it

No, the only time Fannie Mae or Genie Mae or any of these get involved is after the mortgage is made

And the holder of the mortgage sells the obligation to someone else

But the company creates the mortgage and they go to their fractional reserve account

This is how they did it, they would issue a mortgage, pull and give the impression that they were pulling the funds from their fractional reserve accounts

The reason they did that is if they could get your name on a signature on a mortgage

then they would take that mortgage and they would sell it to someone else

say 100 grand to mortgage this property, they'd sell it for 103, make 3% on it

and then they would take that same mortgage, change a few lines on it and sell it to somebody else

and each time they would buy a mortgage insurance on policy on it

So each month when you make a mortgage payment, they would make a mortgage payment

Once you have paid it down 15%, now they want to foreclose because the mortgage insurance will pay 85% of the original principle

They have to keep making these mortgage payments on non-existent properties

and over the period of the mortgage they'll pay off two and a half times the original amount they got

to that place and checked the public record, the county registrar's office for mortgages in this guy's name or properties in his name

And was it Brett that mentioned or the youth that mentioned either Fannie Mae or one of those, those are primary mortgage insurers

These would be like home improvement loans where you would get a secondary mortgage on a house that's already paid

As I understand that most of these mortgages are on houses that are already paid off

And derivative sales was where you could purchase a property or a mortgage and then buy multiple insurance policies on it

But Randy, this is a, you're in a mortgage state, so they had to go to court and get an order authorizing them to foreclose, correct?

He's working as an agent for an agent-star mortgage doing business with Mr. Cooper

And exactly 30 days later on March 15th, 2018, they switched the parties to the Federal National Mortgage Association

For using the Federal National Mortgage Association's name, the judge went along with it

From HSBC to the Federal National Mortgage Association, now it's Mr. Cooper

One of the things that apparently are factual is that all of the people involved had their mortgages paid off and they scattered to the floor with except for the one person that came back and sued him.

And it was that nobody, it doesn't seem to be a paper trail to find out who pays the mortgage off.

And he said the mortgage wasn't paid off.

And I said, unfortunately, the show was ending, so I didn't have the time to bring up the part about the judicial, you know, about the shenanigans that go on with the judges that mortgage their houses and then they get paid off.

That would be the only one who would have standing to forgive the mortgage, forgive the note.

So someone paid off the bank and then the bank zeroed out the mortgage.

Is it possible that the bank issued the mortgage and then zeroed it out without, let's say, somebody told the bank to do it, or somebody winked an eye and the bank just issued the mortgage and then...

So what they did was they would create 90% of the loan amount out of the thin air, make it available to the mortgage company and when the mortgage was paid back,

the mortgage company would pay those funds back into the reserve account and send those funds back to the thin air from which they came.

And then when the funds came back, they were legitimately paid in to extinguish this mortgage the funds were laundered.

They create this mortgage that appears to come from a mortgage company through a Federal Reserve account.

Yeah, it seems to be an endemic problem. It also seems to be that they'll take their own house, which has already been paid off to begin with, so it's like they're taking out secondary mortgage loans for that trip to nowhere.

So she made an offer to pay off the entire property, and they wouldn't accept it. They had sold her mortgage a number of times, and they intended to foreclose on her, and they did.

We will see how it all plays out. But I'd like to see because honestly, if, I mean, there may be some fine print in the mortgage that would give ground for something like this.

I don't know. I mean, I don't have a mortgage.

I haven't seen it in a mortgage. I've read both the mortgage and the deeds of the standard deeds of trust. I've never seen an arbitration clause in those.

And then they foreclosed on Tina whose mortgage was in that trust.

Yeah, what we were speaking to sounds just like Leslie. Bad grandma, she tried to pay off the mortgage and it wouldn't let her.

Then they stopped taking payments and forced her into foreclosure. That's because they had sold the mortgage a number of times.

I don't see anything in the public record of signing, properly assigning the mortgage to you.

Now I see for MERS acting as an agent for Washington Mutual assigned these mortgages to Chase.

If Washington Mutual had intended to transfer their mortgages to Chase,

And you're speaking to mortgage fraud?

She couldn't pay for the house and then the bank had sold the mortgage to Ginny May.

statute say that the mortgage or can request the note original note in

that the statute 2941 41 it says the mortgage or after the activist in

mortgage is fully satisfied those are the key words to me after it is fully

mortgage or or they're assigned or airs and request the original note I was the

mortgage or I had to pay the mortgage until they told me I shouldn't and then

mortgage or to nothing but they claim it did so they responded with a demure

satisfied the mortgage or can request the original note it doesn't give any

action to quiet title, we ran an ad for five weeks, but we only named the mortgage company,

been satisfied, the beneficiary or the assignee. He doesn't say that. It says the mortgage or,

in there, but it specifically says the mortgage or there is or a fine can request

This was a mortgage issue.

But he's got a situation where every time there's a problem, they transfer his mortgage

It says, that or continues to try to attack the validity of the secured creditor's mortgage and the right to the fore of staying.

However, such attack on mortgage and state court foreclosure actions, ready for this one, is barred. Worker Feldman, doctor, and sent secured creditor has a final state court judgment of sale.

commercial mortgage issues there must be a UCC one filing but I don't know where

there's a commercial a commercial loan no no it was a personal mortgage personal

mortgages generally don't require them but a commercial loan does well I was

property and get a mortgage against the property and then the mortgage is paid

actually paid off that mortgage that's how they launder their slush money

many mortgages or deeds of trust you come up with and for those who don't

know why I said that some states are mortgage states other states are deed

of trust states depends on the state you know in a mortgage state like New

property if they have a number of mortgages listed in the county recorders

for records and they have a mortgage and in a little while later they have

another mortgage and a little while later they have another mortgage in order

to get the next mortgage the bank is going to require that the previous

mortgage be cleared and there should be a release of lien for those mortgages and

value this year is $1,293,800 the mortgage amount in May is $100,000 the

sale amount in April this year $664,000 that's a huge amount of cash for a mortgage

amount only $664,000 and the mortgage is $100,000 now it says the current owner

The mortgage or or the holder of the claim has the contractual power to appoint a substitute trustee.

That appointment of substitute trustee is a matter between the mortgage or and the trustee.

because New York is a mortgage state, so it's not a deed of trust, so there is no confessed judgment.

the ccpa so i'm wondering if that would include mortgage servicing companies the bank telephone

case so now anyone in a mortgage with a mortgage issue it would seem they would be able to take

Helen she's still getting erroneous bills from the mortgage servicing company one of the

to attack the validity of the court creditor's mortgage and the rights of the court of state,

However, such attack on mortgage and state court foreclosure actions, right, ready for this one,

Obviously, I was thinking about the services and mortgage companies

I think it's a jury trial based on mortgage contracts and Florida seems to not want trial by juries in mortgage cases.

He's always trying to get the attorneys on his side and be nice to them and say, you know, but then if I fast because they just take advantage of him and then he gets frustrated and angry because the courts are so against mortgages.

other companies so it's not really for banks or mortgage services but it's for people like

According to Real Politics, the law previously stated that a defendant didn't know who actually owned the mortgage and wanted to challenge their plaintiff standing to sue to foreclose.

the mortgage or can request, there's another, she's going on the second part of the statute

of BDFTB testified as to the validity of mortgage documents.

through purchase of MSR, mortgage servicing, I forgot what the R stands for, most of the

So yes, I do have spending as the mortgage or, and she disagreed.

I see where it says the mortgageor can request once the loan has been fully satisfied, which

So, he lied in his latest response and said, I admitted that I did not satisfy the mortgage.

Because if they sold your note 100 times, then if they can't foreclose, they lose 100 times the amount of the mortgage.

original mortgage, the original note.

They just added it to my mortgage.

And then get them to write a quick claim to the property and they will adjudicate the mortgage and try to do a short sale

In foreclosure, within a year of the mortgage, if you find that they charged you too much for something, you can rescind the mortgage

Jazanowski rescinded the mortgage on the last day over like a $4 or $5 alleged overcharge

On a $300,000 mortgage

A guy couldn't pay his mortgage because he was in jail for videotaping his girlfriend's

home loan mortgage corporation objects to this exhibit on the grounds that it is

not relevant to the claim, but he's a federal home loan mortgage or defences

because they claim that they would use the payment from the mortgage and when

I see the first part of the statute that says the mortgage or, which is me, can request a note.

Actually, the mortgage or there is an assignment... Oh, wait, wait, wait. Hold on. We're about to go

what the statute means does tana have a right to receive the original mortgage once she requests it

has to provide the mortgage to the borrower like the law clearly says. So she brought in issues

the original mortgage. And we've all seen the movies like it's a wonderful life where at the

end of the movie, they have a mortgage burning party. You pay off your mortgage, you get the

mortgage back, now you get to go burn it so there's no claim against you. Tina wants her mortgage back.

And then I put in about, they didn't address the wording, which specifies that, you know, the mortgage or can, you know, upon written request of the mortgage or or the mortgage or theirs, that the mortgagee shall deliver upon written request.

I put it is indisputable that petitioner was the mortgage or I also added that it was indisputable that it is absolutely disputable that the substitute trustee was a valid one because the signatures are not correct.

You're the mortgagee.

I'm the mortgagee.

Wait a minute. Wait a minute. What does the statute say? Who can ask for the original mortgage?

It says the first part of it says that within 30 days of any mortgage has been satisfied, the mortgagee or the Australian mortgagee shall execute a certificate of discharge as provided in section 2931.

And should record or cause to be recorded where the mortgage is secured. It says the mortgagee shall then deliver upon written request of the mortgagee or the mortgagee of his or her son as the case may be, the original amount and mortgage to the person.

So what does mortgage or mean? What's the legal definition of mortgage or?

Get the legal definition of mortgage or.

See if the definition of mortgage or includes a some subsequent actor who may have something to do with a mortgage.

There's only going to be one definition of mortgage or.

So that's the argument that you should bring. You are the mortgage or by definition.

The definition defines you as the mortgage or not some subsequent holder, not anyone else, but you.

And unless they can find a definition that indicates someone else can become the mortgage or simply because the project property has been foreclosed on, then you are the mortgage or as intended by the statute.

This petition was not a rehash of a mortgage as respondents claim.

Yeah, I put the court did not address the wording in 2941 a and I listed what it says, then I put it is indisputable that petitioner was the mortgage all.

The Federal Home Loan Mortgage Corporation appeal should be dismissed because the arguments and decrees merits will be waived.

claim regarding a mortgage? That's the only question because once that door opens and they

talk about judges being corrupt with payoffs and mortgages.

your wife's working, you've got a mortgage payment, you've got all you can handle, and

You state that the attorney is violating applicable law on court rules in connection with a mortgage

This woman had been foreclosed and she never had bought the house for the mortgage at all.

and were about to pay it off, they would create an economic crisis and cause them to not be able to pay their mortgages.

After 1929, it was naked shore-selling that crashed the market and it was done on purpose so that all these people that had all these mortgages lost everything and had to give it back to the original Sellers and they got to mortgage it out again.

of the mortgage or in brackets petitioner. They are continuously attempting to hide the fraud

the original note on the lunges because petitioner the mortgage or is the one that fully satisfied

and say the primary reason for your bankruptcy is this mortgage issue, but you have an

13 to 7. Would her mortgage debt be eligible? Just that key bank loan was a key lock. Would

It's just like in mortgages, we have servicers,

and the servicer, when he receives the mortgage, he doesn't get any of the finances.

My example of that is Jazzanowski, Minnesota. On the last possible day, he filed a recision of a mortgage document.

and mortgage they would get your mortgage and that mortgage had a dollar value on it and then

they would sell that mortgage 60 times yep this is what they don't do silver they sold a whole

They don't have the support. You know, you got parents here who have a mortgage and two car payments and three kids and they got all they can handle.

not sufficient to to get them to risk their income to risk their mortgage

Free mortgage help is down. SEC comply is down. I've got two or three others.

Okay, here's the deal about the mortgage issues.

In helping over 700 people file lawsuits on mortgage issues,

I am what I'm putting together a process where I'm going after mortgages, I'm going to help people with mortgages

or took over another guy's mortgage

or he's got a second mortgage

We've talked to Terry before and I know his issue is probably about mortgage.

on my mortgage and approximate cause of me being behind on the mortgage is your unconstitutional

you? You cost me not to be able to service my mortgage. If you'll just pay me half of

The first true remedy site that I will have up will be freemortgagehelp.net, and I'm in

And in their defense, you've got somebody with a couple of kids, he's got a mortgage, he's got a car he's got to pay for, and all these expenses and responsibilities.

of mortgage payment on top of that see that brings me a question brings a question about

wonderful yeah and get me what i wanted to tell you yeah get me a copy of the note the mortgage

mortgage by set off against the client okay get me again i'm reinvigorating my foreclosure

rosicky got indicted it stopped okay okay this is a uh a mortgage state so in order to sell it

okay let me make sure i got the the lenders right key bank is the second mortgage holder

correct okay so the first mortgage holder has a judgment but they're unable to collect the judgment

this much prove it up the way to take that on is to say i did an amortization of the mortgage

from the mortgage amount on the first payment as an overpayment and then i amortize the mortgage

and if the mortgage would have with this amount taken off would have paid off before 30 years

everything after that is fraud and if your mortgage is six months old

Yeah, you got you got this mom and pop that bought this six flat walk up for their retirement and they're renting out the six flat walk up and they've got a mortgage against it.

And now mom and pop can't pay their mortgage.

Did the assignment claim to be assigned by the named holder of the mortgage?

me we have people out there with a mortgage car payments couple kids in school they got all

that income and they have a mortgage against it they can't pay the mortgage this will give them a suit

bank or an entity for something like a mortgage, you can't just like sneak in a demand for arbitration

The people who own the buildings that they're renting out that they're now unable to collect rent from those buildings, they're also unable to pay their mortgages.

We're going to have a tsunami. We will be flooded with people on the streets, people evicted with apartment buildings and apartment complexes going bankrupt because they can't pay their mortgages with banks.

He can't pay his mortgage. He's going to lose his income property.

All of a sudden, he's out of work. He can't pay his mortgage.

And then the coronavirus shifts. He can't pay his mortgage.

So even someone who would be able to pay the mortgage is going to wind up underwater.

You pay off the mortgage and you have equity in the home to cover any arrearages.

keeping up with either rent payments or their mortgage payments because of the pandemic

this time 2008 the banks had taken your mortgage and sold it 50 or 60 times and they had written

that you that they foreclosed on you and then the mortgage insurance would pay off so they

of me except for the first twenty six thousand which they added to the uh mortgage without

under california statute 2941 once the loan has been fully satisfied um the mortgage or

can request the original back and it must be sent within 30 days well my mortgage was

of the person that is paying the mortgage it just says fully satisfied so the queen

not allowed to see it well it doesn't in the first part it says the mortgage or it's indisputable

that i was paying the mortgage i didn't claim to be the trustee um what they're gonna do

signature any of a number of ways on the mortgage on pleadings you filed with the court and

the opening bid was five hundred and sixteen thousand on a mortgage that's supposed to

of how to think about bankruptcy in terms of using bankruptcy to help you in a mortgage

And they had a successful business, and they got behind in their mortgage, but they managed

than any time in history. We set the record for people being behind on their mortgage

caught up on their mortgages. They're not going to have the money to do it because the

not want you to pay off your mortgage because they had filed said got several they sold

you take a real estate mortgage and turn it into a security that's the part they're talking

to be taken. And it was a mortgage, so it was supposed to be assigned to all these different

parties in this very specific order. And mortgages and assignments are recorded with the county

So since the proper documentation wasn't done and the mortgages weren't recorded,

to collect this loan, they had to have all those assignments of mortgage and they didn't

borrower is in court, some homeowner didn't pay their mortgage, they immediately start

the documents in say a bankruptcy or a mortgage in a mortgage state where they have to sue

to foreclose? What do we look for to tell if the mortgage has been securitized?

course are the promissory note and the mortgage, which is usually a deed of trust. And if you

entities on the promissory note and on the mortgage. And now let's look at the parties

for six years, I mean, you're supposed to be paying rent or a mortgage one or the other.

a mortgage, whatever you do, if you hire a lawyer, make absolutely sure that lawyer claims

holder of the mortgage, but being the legitimate holder and being able to prove that you're

About mortgages.

And Michael, one thing I would like to talk about is you mentioned earlier a mortgage analysis

But you'll notice if you use Google Loan Audit or Mortgage Loan Audit or Forensic Loan Audit

And all these real estate contracts have to be in writing, the promissory note is in writing, the mortgage or the trustee is in writing, everything has to be in writing, it has to be a written contract

you're claiming that it's an unsecured debt because the mortgage was no good and disputed.

The most important thing to dispute is that mortgage.

And credit cards, they're unsecured, they're pretty easy to handle, but that mortgage,

for a particular mortgage and the entity that made the assignment,

And first thing you do is, you know, I do a mortgage analysis,

And the assignment of search that One West Bank is assigning the mortgage to Bank of America.

It claims to assign a mortgage from one entity to another entity,

I find banks making a transfer of a mortgage from this bank to another bank

And there's an argument that you should have either been paying rent to live in a house or making payments on a mortgage

We try to help people with mortgage issues and we got all these great ideas.

sanctions because they purposely deleted her name and inserted my name in all the mortgage

And it's a second mortgage.

Almost certainly you're like me, my mortgage is paid for, I don't have any debt, my kids

Anybody listening who has ever had a mortgage issue with One West Bank, write an affidavit,

In that bill, it says that in summary, it says, provides a defense and a mortgage foreclosure

saying is, is once you've securitized the mortgage, you've so clouded the issue of standing

that they have standing to enforce the note, if they have been assigned the mortgage or

No, this is a mortgage state, so there isn't a trustee.

A mortgage state deed of trust state.

In a mortgage state, you have to go to court and sue and get the judge to issue you an

And he, I'm going against someone in Texas and it's all about mortgage board and here's these articles in here about this.

So it really does go to the politics and I'm seeing here, this is something from Texas and it says one West Bank paid 24% of the loan book value to purchase mortgage servicing rights.

Well, that's more than Chase paid for the, all of the mortgages for Washington Mutual.

And Washington Mutual did not assign their mortgages to anyone.

Yeah, it does. And here's another article here and it's all under the laws in Texas, having the Department of Justice and the FBI mortgage fraud division is a press machine to hide the truth.

Joseph Otting is guilty of mortgage fraud himself.

And this could give all of these banks reason to not try to spend so much time using this crisis to rework mortgages so they can make more profit and maybe try to avoid winding up in Manukin's shoes.

If you had done what you're supposed to do based on the contracts you signed with the FDIC and reduced everyone's mortgage to 3%, you would have been the hero instead of the villain you currently are.

Okay, understand that what happened in 2008 was the banks had sold derivatives. They had sold the mortgages multiple times.

thing is res judicata is the contract, the mortgage contract. The fraud and the criminal

I am putting together a program for anyone who is behind on their mortgage because of

mortgage. It is going to be a disaster and we will have Tina calling in relatively soon.

mortgages that were paid off in short periods of time.

But she was telling me that it's, you know, trying to, is she the long term hairdresser? So she's really done well and she almost paid her mortgage down.

Notaries filing false documents, not filing the documents, mortgage signatures. Why are they not enforcing the laws that are on the books? What's the point in having a law if you don't enforce it?

mortgage but there was a moratorium on, the moratorium's gone now.

And they've been taking their salary this whole time and they're handing out a few crumbs of $600 and maybe $1,200 every few months to the people whose businesses they close down so that they can't pay their mortgages.

That's why in the first part of this century, if you could stand up, breathe and sign your name, they would give you a mortgage.

When I want to tell people that these banks were issuing mortgages, that they did not want you to pay back.

And why things were the way they were and why the banks were issuing mortgages they didn't want to pay back.

Well, when we're getting into these higher dollar mortgages with thousands and thousands of mortgages, we just didn't have enough money to trade.

And for a mortgage, you could draw $10 for every dollar you had in the Federal Reserve and use that money to purchase a property that you had a contract to mortgage with an individual.

And we hear about the banks selling the mortgage.

Well, they never sold the mortgage because they never owned it.

It belonged to the special purpose vehicle who were purchasing these mortgages so that they could group them together in pools of mortgages.

And these pools were separate groups of mortgages.

And in one pool, all the mortgages would have a set range of overall value, a similar or set amount of interest, so that all the mortgages in here were very similar.

And that's because if some of these mortgages defaulted before they intended them to, you could pull that mortgage out and replace it with another one, similar mortgage.

We're taking all these mortgages, we're grouping them together in this pool, and then we sell slices off the pool.

We don't sell an individual mortgage, but we sell a percentage, a tranche.

And the Special Purpose Vehicle would put it in the pool and they would write a mortgage policy on it to guarantee the payment of the mortgage.

So they would get that in the pool and then they would take the mortgage, change the paperwork a little, and sell it to another pool.

Each time, they would get 103% of the original mortgage.

Because over the life of the mortgage, they would pay between three and four times the original amount of the mortgage.

They thought, what was actually going on, China accused Bank of America of selling them the same mortgage 60 times.

So they have sold this mortgage 60 times.

And the thing about the bank, you think the bank is the mortgage holder.

The bank would sell the mortgage, but they would keep the servicing rights because they make 3% on each payment that comes in.

Most of the banks who initiated the mortgages were just in the servicing.

Okay, I have some questions concerning a mortgage.

Actually, it's through PHH mortgage.

Do you have any equity in the property? How long have you had a mortgage on the property?

Holy mackerel. Okay. Go to a bank. Go to a mortgage company.

And each time they take mortgage insurance on the property.

So they got it sold 60 times and they've got 60 times the original mortgage in a pool and they've got 60 insurance policies.

You saw my mortgage 50 times. Now you have to foreclose to make your scam work. I got that part.

I wanted to warn you, CHH was ordered to pay $74.5 million to resolve U.S. mortgage probes.

Get out of that mortgage as fast as you can.

Maybe go online and look up CHH mortgage and a fine and fraud.

before you go to a mortgage company, you need to bring them a package that will give them

a reason to want to give you this mortgage.

Since you've got this much equity in the property, getting a mortgage should be a piece of cake.

Also need a copy of the mortgage of the deed of trust, the note, truth and lending statement,

And then tell Janice, if she's Janice listening, if not, she should look up a PHH mortgage fraud in Texas.

So, you're right about that. They're all as bad as each other. Biden and Harris did nothing for us in the first mortgage crisis.

uh mortgage

Specifically but I think instead of mortgage

That you take half of what you would pay in mortgage and put it in the bank every month

If you can't pay half your mortgage

I can't help you because you won't even be able to pay the property taxes on the property even if you get the mortgage

Give me all that you receive over the amount of actual mortgage. Oh, and you want buy another place

Got out from under the mortgage

Mortgage the place the property under and at another institution

There are a lot of small banks that would love to take mortgages away from big banks

All this debt and part of its mortgage

That free up your funds to pay the mortgage and we didn't do that last time. I did that

Helock loans if you're behind in your mortgage for six or eight months because of this COVID crisis

Then but you've been paying on your mortgage for eight or ten years. You've got some equity built up

Or just remortgage the property because now you have more

Equity in the property and the new mortgage company will cut you more slack

material men's liens, mechanics liens, and mortgages.

The statute includes the mortgage law.

But there never was a ruling on whether or not 2941 California statute that required the lender on satisfaction of the mortgage to return the original note to the borrower.

And he claimed what, Tina, that was wrongful discovery, that she could only ask for that after the mortgage was satisfied.

The 2941 specifically commands the lender to produce the document once the mortgage is satisfied.

So wait a minute. This issue of whether or not the lender was required to return the original mortgage after it was satisfied was not a ruling of any prior court.

Because the lawyer made a statement, a voluntary statement in writing that he would produce this original mortgage note

And it reads, it's very short, respondent claimed standing to hold petitioner liable for a written promise to pay a set amount stipulated in the mortgage agreement.

statement lists all of the fees that were involved in securing the mortgage and what we will do is

and and written a mortgage at a closing table did the lender provide documentation to show that the

so since there are all these problems this particular mortgage is not proper for expedited

when she got this loan after she paid the house off the original mortgage company

sandiego california wells fargo wrote the mortgage wells fargo serviced the mortgage

that wells fargo was foreclosing on the mortgage and we went into court said who the heck are you i

They wrote all these mortgages and then they took all these mortgages and sold them to an investment pool.

So the investment pool buys 10, 15,000 of these mortgages and they put them into one pool and then they sell percentages to different investments and generally to long term investments like retirement funds mainly.

Well, I caused a problem because when they changed the holder status of these mortgages, each change had to be registered with the county clerk with the registrar of deeds.

That cost about 40 bucks. So sometimes they have three or four of these pools of mortgages running at the same time and one may be profitable and the other one not profitable.

So they came up with this company called Merse mortgage registered mortgage electronic registration systems and they would pretend to be the holder of the note and this pool would be behind them and they would slice and dice these pools back and forth all they wanted to without filing those with the clerk.

Well, that's another problem because once the mortgage is satisfied, they're required to return the note.

The banks were giving out mortgages.

Mortgages, they did not want to be paid off.

Because they took the mortgage, once they wrote the mortgage and they sold it to what they called a special purpose vehicle.

And that special purpose vehicle would collect a bunch of these mortgages and sell them to a pool.

Each pool had mortgages of about the same mortgage rate and interest rate.

Each time they sold a note, they would buy mortgage insurance on it.

Because the insurance, the mortgage insurance they purchase on each one of these will pay off 85%.

and i talked with the mortgage company and um i was trying to do a modification

and if they have if I get the impression that they sold your mortgage multiple times and they

the mortgage stuff. Do you know how long ago this home equity loan occurred? How old is it?

Well they were combined as one so I guess the country wider the first mortgage company

regards to the mortgage, right before when she first got dementia, she started

Six different entities have claimed to hold this mortgage.

your mortgage?

The fact that they've got a question, we're looking up right now, let's see if you know it. Is Washington State a deed of trust state or a mortgage state?

Maybe it's a mortgage. Okay, this is the fight that you've been having with them. I mean, 15 years is too complex to go into on the air, but one of the things that we understand about the courts, it's okay, it's a bank.

And how old is the mortgage?

Yeah, and it's a little long to go in on the air, but essentially they would give a mortgage to anyone who could stand up, breathe and sign the note.

The reason they didn't want you to pay it back is because they took your mortgage and sold it to a special purpose vehicle that was created for the purpose of getting a whole bunch of mortgages and pull them into an investment pool.

And each time they sold it to an investment pool, they would get mortgage insurance.

But mortgage insurance only pays off 85%. So they needed it paid down 15%.

You was forbidden to take a loan against your property other than a mortgage.

Any charge on the head of the note on a 5% or 6% mortgage will triple over the life of the mortgage.

Is there a direct and uninterrupted line of assignments of the mortgage between the original mortgagee and one West Bank?

fully satisfied the mortgage or can request the original note and if the

mortgage has not been fully satisfied how can you technically request it in 2011

extinguished or satisfied and a request for the original mortgage document is

them and I'm gonna try to make sure I get the wording right in a mortgage you

trust state as opposed to a mortgage state the mortgage state if someone

defaults on the mortgage then the mortgage or must go to the courts and

statute is very clear that the mortgage or can request the original note back

for who can make the request 2941 okay within 30 days after any mortgage have

been satisfied the mortgagee or the assignee of the mortgagee shall execute

to be recorded in the office can you record it which in which the mortgagee

there is mortgagee what does mortgagee mean the mortgagee is the party that

holds the loan if we need to look up the legal definition of mortgagee that

mortgagee is not the beneficiary the beneficiary is the mortgage or you made

where it says the mortgagee can request it and of course I pulled up the one

website where it doesn't say that the mortgagee or couldn't request it the

mortgagee would have to have it so mortgagee who you're the mortgagee you're

the one that received the mortgage and you gave them the promise because you're

statute said the mortgagee so what were they arguing about beneficiary the same

and you know how do you stop being the mortgagee I don't know yeah at what

point did you stop being mortgagee I'm assuming that they're considering that

pay to the mortgagee the mortgagee is the one who produced the promise to pay

yeah the mortgagee shall deliver upon the written request of the mortgagee or the

mortgagee is successes or assignee mortgage or mortgagee I need to look

those up I seem to keep getting those transposed who is the mortgagee the

mortgagee or is the person who let's see the mortgagee or let's not confuse everybody we'll speak to you pick this up on the other side this is Randy

deed of trust and mortgage about the release or reconveyance clause? It seems to be

or give it a notice of satisfaction of some mortgage date. And it says clause 23 does not

Shame on me. I thought he was the lender because he was acting in the shoes of the lender and servicing the mortgage.

party. When you pay off your mortgage, you get your original promise to pay back

promise. So this statute required that when a mortgage was satisfied that the original note

B returned to the mortgage or and that's what Tina asked and she was raising this issue in court to

but he claimed that we didn't have to produce it until the mortgage was satisfied. But to belay

that I signed once the mortgage is satisfied? That's all that's before the court, nothing else.

Does the lender have to return the mortgage under $29.41 California code? That's it.

and try to go out and give it to his hot player, because he's been approached by Nation Star mortgage,

that uh rick had got his mortgage sure but he didn't know these were the same people

I've got an evaluation I do of mortgages, and I say, oh, the money they charged at closing was fraudulent.

Wells Fargo issued the mortgage.

Wells Fargo serviced the mortgage and Wells Fargo was foreclosing.

he gets a mortgage against his property and has someone else pay it off for him and that

At the end of the day, this is all about money. What I need, this is not a regular mortgage.

Taxes never allowed secondary loans against your property. The only loan they allowed was a mortgage.

with a straight up sale. You can do that a lot of ways. You can do that with another mortgage.

they took out a title and that's kind of like a mortgage if you get a if you buy a property

through a bank you'll get a mortgage if you buy it from the state you'll get a title and that

taxes that once your property is paid off then it's no longer essentially a mortgage but now

Okay, in New York it is a mortgage state.

someone who's got two car payments, a mortgage, three kids, two jobs, all he can do is keep

grieves and the partners have two each okay so you're in arizona is there in sona a mortgage state

have never looked into that thank you is this a uh home equity loan or a mortgage loan

person can't get a mortgage against it has it affected services that are rendered to you

It's in most mortgages of the trustee, I don't know how to say it anyway.

In this case where it doesn't involve a mortgage company that's paid off the judges

He's got a mortgage, he's got two cars, he's got four kids, he works two jobs, his wife

You came into court based on a mortgage contract.

I could make a comment, and I told him that, you know, the mortgage company, ever since

county and but the mortgage is still in her name so that's where I'm trying to figure out

claims you can bring against the lender how old is the mortgage she bought it in 2008 and I want to

you can go after them with if they have filed against the person named on the mortgage there is

property that you have a mortgage on you have to have the permission of the lender so they can

a warranty deed okay and then I need the note deed of mortgage truth and lending statement

and read it twice right take the mortgage and then read the note do you know if the note is

statement it lists all the fees they charge in creating a mortgage but they don't give you any

mortgage as a claim against the lender that'll get their attention hang on Randy Kelton Brett

by one West Bank of property you held the mortgage on

Losing their mortgages

Well, I'm calling um because I I started um getting a network from a lot of the mortgage fraud stuff that

Western union. I mean how many people were making their mortgage payments?

The western union that may that possibly involved with how many people more that were paying their mortgage

This statute that says that after a mortgage is satisfied

the holder of the mortgage shall return the mortgage to the mortgagee or mortgagee

Well the case ended, he didn't give her the mortgage

to my mortgage.

So I asked my mortgage or,

which unfortunately I'm still under a mortgage,

with my mortgageor today.

You're talking about the mortgageor?

I was speaking with the mortgageor

I know what it is, like fee simple, but I still have a mortgage.

It's like the mortgage fraud, the bubble burst subprime.

You can rescind the mortgage within the first 12 months just because you want to.

Can I say this for a second? Does that matter whether I have a mortgage or not?

And my mortgage is in good standing. I've never missed the payment in 19 years.

Which that makes a problem for mortgages. You can't get a mortgage against a

loital title. So the mortgage would be filed in the record as a claim, and I'm not exactly sure

so long as you have a mortgage. It's a little too complex for me. I need someone

have a mortgage on it. And I'm wondering, I've looked through my contract as much as I can

I've saw nothing addressing a loital title in titles and mortgages. I've

saw nothing addressing a loital title. So I don't see anything in the standard mortgage.

I think New York is a mortgage state, not a deed of trust state. I don't remember seeing

it's still property taxes are half of what my mortgage is. Wow. Oh yeah. Yeah.

This is like the most important thing that you've taught outside, you know, mortgage forensics and all this stuff. I mean, this is like the deal.

issues coming to the court there is the jazanowski case the guy we send to his mortgage on the last

But so you're saying these mortgage companies and these types of folks

like mortgage companies and debt collectors and stuff

and received incentive payments and pay for success compensation payments for FHA mortgages

land patents the people have to understand though when you have a mortgage it's more difficult to

ends up getting a mortgage and then they say hey i want to file a land patent

about and if it wasn't for the mortgage stuff i probably would have had and done it myself

down um the thing about the land patent uh and having your property paid off you've got a mortgage

you've put the property up as collateral it has to remove that collateral from that mortgage

most institutions that you would have gotten the mortgage through will not let you do that until

And the overall scheme of things that's about as small a mortgage as you're going to come across

If if you found that to happen you can rescind the mortgage

And what the recension is is you you say you invalidate the mortgage you back out

take half the amount of the mortgage and put it in a bank every month.

afford half the mortgage, you can't afford the property taxes on this property.

I won't be doing any help trying to save it, but if you can put away half of the mortgage

Would this apply to all forms of debt, like say a mortgage, right?

That's what I originally crafted, the qualified written request goes to the mortgage issues

Mortgage, criminal.

I talk about a case in the foreclosure area, the Jazanowski case, $120,000 mortgage.

Over $120,000 mortgage.

In a non-judicial state, the contract itself contains a confessed judgment in that you agree by contract that if you default on the mortgage, the lender can foreclose without seeking an order from the court.

Well, the state of California allows for a confessed judgment in a mortgage issue.

We would have to turn California into a mortgage state instead of a deed of trust state.

their mortgage, and they build equity, and then about to the time they get close to paying

about how they... Apparently, they talk about, because I haven't read it myself, the mortgage

And they go, well, you had a mortgage, you know, they flag me.

How can they suspend your license for a mortgage?

She's paid more than the value of the house into the mortgage company,

For two to three times the amount of the original mortgage

This is a scam that went on during the early part of this century. They would write a mortgage,

and then they would sell the mortgage to someone else. And then they'd change a couple of issues,

or a couple of facts on the mortgage, and they'd sell it to somebody else. And each time they sold

it, they would get a mortgage insurance policy on it that would pay 85% of the mortgage. In

and they have enough money. Like Miss Patty, if they sold her mortgage 40 or 50 times,

that mortgage. If they get a foreclosure, then they have purchased mortgage insurance on each

one of them. The mortgage insurance will pay off 85%. They make a huge payday.

amount of the mortgage and put it in a separate bank account. Do not touch it.

You put half the mortgage in an account and most of them said to me, I can't afford it.

to put half of the amount of the mortgage into an account, I cannot help you.

As for one of your previous callers where you mentioned the mortgage,

tied to a mortgage?

The way to win in a mortgage suit is to force the bank to come to the table.

The primary things you're looking for are assignments of the mortgage to another party

Do you have a copy of all of your mortgage paperwork?

When people ask me to do a mortgage analysis, that is the first thing I do.

When did you get this mortgage?

The HUD-1 settlement statement contains the cost of creating the mortgage, and it lists

mortgage price.

They had to pay that in order to get the mortgage.

So you make a claim against the lender three times the amount of the mortgage.

I suggest you take half your mortgage payment for every month and put it in a bank account.

That's the only way we've ever won mortgages, mortgage issues.

You have a mortgage issue combined with some kind of personal injury issue?

Well, she's in bankruptcy over this mortgage issue.

Because that claim would represent funds that would satisfy the mortgage.

I think right now my record for keeping someone in a house without paying the mortgages, I

because I wasn't making any mortgage payments, but how can I make mortgage payments when

times, they're paying on 60 mortgages. They need to do that for 15 years and then they

they've resold your property, they got an insurance policy, a mortgage insurance policy

on it. It'll pay 85% of the original value of the property. So they got these 60 mortgages

to collect their default insurance, their mortgage insurance. If you don't foreclose,

will eat up any potential profit having to pay these mortgages. So they need you to default.

60 times the value of your mortgage if they can't foreclose, they're going to force you

This is a problem I have, especially with cases in general, but especially mortgage, foreclosure cases.

Wells Fargo was not the holder of the mortgage.

I thought Wells Fargo was the holder of the mortgage.

Since they're not the holder of the mortgage, a non-suit.

against Wells Fargo and they said they were not the holder of the mortgage.

They said they weren't the holder of the mortgage,

The reason they never can is when the mortgage indebtedness is sold to another party.

I do evaluations for mortgages.

have a mortgage two car payments three kids in school more debt than he can

begin to take these people to task the guy who has two mortgages and three kids

and there has a mortgage and three kids and two car payments he can go online

got two kids and a mortgage and car payments and everything and I don't make

suing for foreclosure and the judge holds the mortgage well that's not going

to work too good or if the judges niece holds the mortgage that's not going to

This guy is advising you not to pay your mortgage.

So, this is debt collector against your mortgage holder.

He was just like, oh, what's working for my other people is you stop making your mortgage

your mortgage, so I talked with the gentleman a little bit, and I felt like he was trustworthy,

mail to contact your mortgage company, or whatever the creditor was, and-

That's a few of the things you do when you're in a mortgage situation.

And then he told me to stop paying my mortgage and I just wasn't comfortable with that.

That never stop paying your mortgage.

I have a lot of federal suits, but they're almost all related to mortgage.

March of 2018 and he changed the caption from HSBC to the Federal National Mortgage Association

Mortgage Association's name and they got nailed. So that stopped the sale of the property.

She lost all of her savings and then they took a second mortgage.

If someone, if you get someone helping you with your mortgage,

put half the amount of the mortgage in the bank every month without fail.

I haven't done for mortgage in a long time.

If you had a mortgage, you almost had to.

Did that mortgage include a death benefit for one of the spouses?

Okay. Okay. Well, go ahead. I'm kind of the mortgage guy.

Is Arizona a mortgage state or deed of trust?

Okay. Here's the difference. In a mortgage state, in order to foreclose, they have to file suit in the district court.

So in a mortgage state, they have to go to court and get a judgment, but in a deed of trust state, they have a confessed judgment,

I've got a spreadsheet, and on one page of it, it has a place where you can put in the mortgage principal and interest,

And when you put those in there, then you can go to a different page, and it will do an analysis of the mortgage.

Randy Kelton, wet fat, out in the rule of law radio, and we're going to talk about mortgages.

If your mortgage has any age on it at all, they have screwed up everything.

And in the last mortgage crisis, we had a lot of guys going out there saying show me the note

The mortgage contract is a contract.

And it lists all of the costs assigned to you for creating the mortgage.

this is how much your mortgage is going to cost you.

because those costs of creating a mortgage that are the normal costs of doing business

So what you do is you take an amortization of your mortgage.

And then run the mortgage out.

In helping over 700 people file federal lawsuits on mortgages and asking these questions, how many fees were actually proved up by the banks?

assignments of the mortgage from one lender to another,

I do this with mortgages, everything on the HUD-1 settlement statement, all the fees and

a claim against the lender two to three times the amount of the original mortgage because

You're not the holder of the mortgage.

for people to be able to stay in their apartments or even during, even in a mortgage situation as well.

to those who were in mortgage situations in the forbearance

or they were supposed to enforce the landlord or the mortgage company

even though the tenants and sometimes mortgage, you know, the people,

the mortgages, I'm not saying it, mortgages,

Well, the loan officer in the bank who did the mortgages,

I filed a lawsuit against the law firm and the mortgage servicing company that were intending

They don't have the original mortgage note or...

for the Utah Residential Mortgages Practices Act where they...in the process of making

In March, the mortgage servicing company also got a law firm involved and they recorded

Have you asked for a complete accounting of all of the payments made into this mortgage?

Take the mortgage, take the note, on the note you have the, you need the note, truth and

Do you have a deed of trust or mortgage in Utah?

front of you, that's the statement that shows all of the costs of producing the mortgage.

out the mortgage.

over the mortgage.

of the mortgage.

in mortgage would have prevented this issue, and everybody would say, oh, if I had $1,000

Well, I got a $250,000 house, no mortgage on it, all right, so $250,000 house, and I've

It can get a mortgage on the property.

A hard pull would be auto loans, mortgages, major credit cards,

But the landlord has a mortgage he has to pay, and nobody's cutting him any slack.

So is this an apartment or a mortgage?

It's a claim against the property, just like a mortgage company would give.

There's no lien or mortgage or anything like that on the property.

On all the feeds, if you have a mortgage issue,

The HUD-1 settlement statement has all of the charges they charged you for your mortgage,

to create the mortgage.

They cannot charge for services that are the normal part of creating a mortgage.

So look at your mortgage.

If it costs the seller $10,000 to get the mortgage written,

he adds $10,000 to the mortgage.

but then run out the mortgage.

He had a $350,000 mortgage.

look, we'll lower the mortgage to $150,000.

So when I help people with mortgage now, I want to look at the numbers.

They got the mortgage for $133,600.

They didn't subtract what they had reduced the mortgage by.

and remortgaged it from the original amount.

They just went to my mortgage converting the equity to their...

On the application it says TMS Mortgage, DBA, the money store.

Well, here in Missouri in 1995, TMS Mortgage, its principal place of operating is out of

Now, the Money Store in California, TMS Mortgage and the Money Store in Missouri,

15 U.S. Code 1639C, minimum standards for residential mortgage loans.

and it says no residential mortgage loan and no extension of credit

no provision of any residential mortgage loan

relating to the residential mortgage loan or extension of credit

The difference, for those of you who don't know, a mortgage,

if you're in a mortgage state, there is no confessed judgment.

So if you get behind on the mortgage, they have to go to court and sue

Anybody out there who has a mortgage issue, if you're in a deed of trust state,

and read them carefully, and look at it and see if the lender violated anything in the mortgage,

in the covenants of the mortgage, and then check all their calculations.

The people listening, if you have a wife and children and a mortgage and a couple of cars you have to pay for,

We're looking for those of us out here who are like me, an old guy with my mortgage paid for, my car paid for, nobody's dependent on me.

We may not have a time for something as complex as a mortgage issue

Mortgage is one of my specialties, so I kind of enjoy doing mortgage

a loan went out of business, which is New Century mortgage, they went out of business in 2007,

but they didn't transfer the proper paperwork for us a mortgage assignment.

They did a mortgage assignment 11 years later, and the judge throwed that out because it

Okay, the question I'm asking is, I need to find out if the mortgage assignment, if the

The mortgage assignment.

Okay, tell me about the mortgage assignment.

Who assigned the mortgage to whom?

They never did a mortgage assignment at all.

Care to the mortgage...

How do you know they did not do a mortgage assignment?

Because the reason I know is because they went out of business in 2007, and the mortgage

So a non-existent entity assigned a mortgage to an existing entity.

mortgage?

What happens in the mortgage industry is they just have these people come in and they file

There was a South Carolina mortgage state or a deed of trust state?

In a deed of trust state, that's a, New York would be a mortgage state.

In a deed of trust state, in the, when you signed the mortgage, you signed a confessed

So you agreed in the contract that if you fail to pay the mortgage in a certain amount

The mortgage assignment was stricken from the record.

You've got a grace period after the mortgage is consummated.

Say it was Washington Mutual has the mortgage and Washington Mutual assigned it to someone else.

Someone claiming to be from Washington Mutual assigned the mortgage to a third party.

He doesn't care about the mortgage. He cares about the county records.

Now, he paid on this thing for what was supposed to have been a 20 year mortgage, second mortgage.

Is Missouri a mortgage state or a deed of trust state?

I think it's a mortgage state.

that only applies to new and used cars, motorcycles, new and used, shell mortgages, which is new

Then there were two other names on there on his fake loan, and it said TMS Mortgage, DBA,

In order to loan money for a second mortgage, that comes under chapter 516.420, and they

To whom did they assign the mortgage?

There was no mortgage.

Okay, well, here's what I'm trying to tell you, there is no mortgage, man, it's a fake

So if you give me the documents, all the documents concerning this last mortgage

The total amount paid, the total amount of the mortgage

If you look at the truth in lending statement, its numbers are different than what is on the mortgage

And see if these numbers come out to the same amount that your mortgage does

Is the mortgage a fixed rate or a variable mortgage?

But when I have variable, I always find big problems with variable mortgages

Does your sister have a mortgage?

The next one, it will be on a foreclosure issue, not a foreclosure or mortgage issue.

These people are not behind on their mortgage.

They're suing the mortgage company.

on a mortgage case, so lender's stuck in there. You got more than one pot in the fire, don't you?

and the assignments of different things to the mortgage players, but it sounds to me

Jazonowski, they got a $99,000 mortgage, wasn't even a hundred grand.

They said to every bank out there, if someone rescinds a mortgage, you have to immediately

a mortgage, you must immediately give them back every time they gave you.

Now what they went on to say that rescinding a mortgage was like removing to the federal

you're paying a mortgage that you, it's illegal for the mortgage company to put the payment

I haven't done the mortgage law study that Randy says he's done, so I can't tell you

I don't, I don't do mortgage stuff.

So as long as I have a mortgage, I probably not going to get out of being taxed for property

Well, you don't own the property as long as you have a mortgage.

So there wasn't a mortgage, it was just straight up purchase?

Okay, HUD-1 settlement statement, generally a title company prepares that whoever does the closing, and it just records all the costs of the closing. It does not record a mortgage.

If there's a mortgage, that's recorded in the note and deed of trust.

So if you didn't have a mortgage, you won't have a deed of trust, and you won't have a note.

People have too much to lose. They get into mortgages, they get married and then they

Was this, are you speaking to your mortgage issue?

I'm speaking to the mortgage issue, but this is part in part.

The HUD-1 was before the mortgage was done, this was where they added attorney fees for

participation in the National Mortgage Settlement Program.

defendant in a foreclosure case filed such powerful pro se paperwork on mortgage fraud

lawsuit that she won against one arm of one West Bank where they were doing reverse mortgages

treat you like a tenant now it's not because if that was something written into your mortgage

What was interesting about it is that the notice of mortgage payment is a brand new

They probably sold that mortgage 50 times.

That's a third of the original mortgage amount you have cost them an ungodly fortune.

I mean, we know the notice of mortgage payment, which is completely different from the proof

original note in mortgage, and you had me file a declaratory judgment on whether I'm

Initial review, the file, including the original note and mortgage, is at Deutsche Bank.

Well, they were asking for the location of the note and mortgage because there was litigation

And they were saying, where is the original note and mortgage?

the documents necessary to create the mortgage.

That's enough to resend a mortgage.

But since the mortgage has already been foreclosed on, now we're going to go in and ask for

We don't have the mortgage insurance policy you charged us for.

Anybody out there who has a mortgage, you have access to this suit.

Especially if the mortgage is still in process because you're still paying the fraudulent fees every month.

Everybody who has a mortgage has a shot at this lawsuit.

Well, this guy got $100,000 mortgage.

and added fines and fees to the mortgage that we now have reason to believe were fraudulent.

to the lender out of the interest paid on the mortgage.

is a high likelihood of fraud in the mortgage.

So we made that calculation, and on a $167,000 mortgage, they had almost $12,000 in closing

So we got this large number, $70,000-something overpayment over the life of the mortgage.

We got well over the original mortgage as a claim against the lender.

are back in Bendicel, and this is a claim that any of you who have a mortgage, if you

So we filed this suit, and the lender, we filed against a countrywide home mortgage

suit because they didn't have anything to do with the mortgage.

mortgage, the foreclosure was based on a loan by Wells Fargo. Wells Fargo was the servicer.

It was like a deed of trust or mortgage from a bank. And that title gave the state a claim against your property.

record showing this. So how did the original mortgage get in the hands of the FDIC?

Okay. And so the FDIC was the successor in interest to the mortgage. And then they transferred

mortgage. And then behind MERS, they could sell this stuff back and forth. Well, that

It's a loan file that you have when you have a mortgage, and the bank keeps a loan file on you.

hands in mortgages.

You enter into a mortgage and the mortgage company, they will give you a deed to the

The HOA should be in the, either the mortgage document, you know, it would be in the mortgage

I was just reading some stuff where when minutiae was in charge of one West Bank, his arm called Freedom, Financial Freedom, which was the reverse mortgage arm of one West Bank, was found guilty of doing many, many bad things.

And he fabricated these emails from customers and mortgage people who were being foreclosed on.

And prior to the foreclosure, people would say, well, if you can't afford the mortgage, you know, all of that

You know, for robo-signing through this mortgage industry

Plus the aspect of reserving 50% of the mortgage payment

Steadier limitations on fraud, mortgage fraud?

That accepting that class action lawsuit award would have no bearing on any pending or future cases against the mortgage company

The mortgage company didn't have the standing to invoke subject matter jurisdiction to the court

You're in Wisconsin, is that a mortgage state?

Brett, while I'm talking, will you do a search to see if Wisconsin is a mortgage state?

Okay, okay, this is a mortgage state

You can claim that the mortgage company lacked standing to invoke the subject matter jurisdiction of the court

You could have removed to the federal court, I suppose, since the mortgage company is out of state

But you have to challenge subject matter jurisdiction in the court in which they filed the mortgage action

You could get a mortgage loan for three and a half to four percent, and now it's almost

And he had purchased this property on contract from someone who had a mortgage on it.

He paid his mortgage, the person, he paid on the contract, that person didn't pay the

mortgage company.

They have to agree to take half the amount of the mortgage and put it in a bank account

Yeah, half the monthly mortgage payment.

You will see, I'm sorry, appointments of substitute trustee and assignments of the mortgage.

If they sell the mortgage, in order for the person purchasing the mortgage to have standing

to collect on the mortgage, they must file a notice of assignment of the mortgage in

And they sign documents that are assignments of the mortgage.

If you're in a mortgage state, in a mortgage state, in order to foreclose, they have to

a mortgage state under the contract, the mortgage, they have a right to sue for foreclosure.

So if you put half the mortgage payment in a bank account every month, don't touch it.

If you have a mortgage that's more than 15 years old, if it's before 2008, probably before

When you default, they have mortgage insurance on each one of these they sold.

And China accused America of America of selling them the same mortgage 160 times.

So they got 60 mortgages out here.

If they can get a foreclosure, a default, then the mortgage insurance pays all these

Once the mortgage is down to 85%, the mortgage insurance will pay off the rest.

And he has gotten a mortgage insurance policy on your property

The mortgage insurance will pay off 15% of the mortgage

Yeah, so that the remaining mortgage was 85% of the original amount

Multiply your mortgage times 60, that's what it's worth to him

So you put half the mortgage in the bank every month

You get the property back with no mortgage

But that gives you four or five years of free mortgage, free home

The subprime mortgage industry

One for the mortgage company, one for the county and then a lien agent for the county

Help people and have them put half the amount of the mortgage payment in the bank every month.

Well, but I was going to let the last question to you. And I think I know the answers to it is that the when I followed that lawsuit against KeyBank in federal court, I've never done this before. I've never filed a lawsuit in federal court regarding all the issues with the mortgage being all the fraudulent documents.

Randy is a genius on these mortgage foreclosure eviction.

Yes, and then when I couldn't get a mortgage, I went and seen one of my buddies that was going to give me the money

So the contract called for you to secure a mortgage to purchase the property, is that correct?

But if you've got a 30-year mortgage, your payments don't get any higher.

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