to kill a mortgage
TRANSCRIPT
What happened when you bought your property?
A. You signed a Promissory Note
1. Evidence of your debt
2. Does not need a trust deed and is a negotiable instrument
3. If conditions in the note and trust deed are in conflict, the note prevails
4. Acceleration and alienation
What happened when you bought your property?
B. You signed a Trust Deed –a lien on your property
1. Makes real property collateral for a loan
2. Needs a note for security
3. It is NOT a negotiable instrument
4. Is this an actual Contract? 4 pts to a contract
5. Trustor –borrower; Beneficiary –lender; Trustee –third party who has the legal right to foreclose and sell the property
C. The bank turns your note into a security, bundles it with other notes and sells them to investors-they get their money back (several times!)
D. A servicing company handles the collection and distribution of your payments
What happened when you bought your property? – Cont;
What happens when the bank forecloses?
What happens when the bank forecloses?
1. Payment past due –Trustee sends notice of default
2. Minimum of 3 months to reinstate
3. 21 days publishing period
4. 1 day –Trustee sale
5. Owner entitled to immediate possession
6. First deed holder may bid up to amount of debt to take over the property
7. You may still be liable for shortfalls and amounts due on any second mortgage
8. They get your property and start the securitization process all over again and make even more money!
What are your options?
A. What are your options?
Allow foreclosure to take place
Short sale –have the bank approve a buyer for a price less
than the amount of your first mortgage-sometimes they
still can come after you for any shortfall of your Note.
Deed in lieu of foreclosure –turn over the property to the
bank to stop the process
Walk away and hope they don’t come after you
Use our process to eliminate all Bank debt associated
with the property!
How do you benefit?
B. How do you benefit?
Complete elimination of your debt liability on all
loans associated with the property
Short sale, deed in lieu of
foreclosure, foreclosure or walking away DO NOT
relieve you from liability for the shortfall or
second mortgages
Our process DOES relieve you from all liability for
any debt associated with the property
How can you stop foreclosure?
How can you stop foreclosure?
1. We attack the FINANCIAL INSTITUTIONS for fraudulent practices through a non judicial administrative process (Administrative Procedures Act of 1947) to clear your title and eliminate the mortgages.
2. The process is private and fast (normal 60 to 90 days-as fast as 30-40 days), normally before the Financial Institutions can respond.
3. Our process is based on our ability to expose a fraud by the Banks for which they can be liable up to 3 times the amount of the mortgage and possible jail time, for each documented count of fraud.
4. We contract with the Bank’s major players (CEO, COO, EVP, CFO, etc) and can make them (sometimes personally) liable. They would just as soon let you go than risk this!
The non judicial administrative process
The non judicial administrative process
1. A case may be handled as an Administrative
Default if the defendant(s) had been served a
Summons and Complaint, the time to answer
has passed and no response has been received
2. Used by lender trustees to foreclose without
court process
3. Because of the securitization performed by the
FINANCIAL INSTITUTIONS, none of the parties in
the transaction have legal standing to foreclose
property
4. We use the same process under federal and state
law to file an instrument or reconveyance as
attorney in fact for the beneficiary of record –forcing
the “pretender lender” to either back off or prove
their case
The non judicial administrative process - Cont;
Remedies for fraud
18 USC §1341. Frauds and swindles
Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both
Points of fraud
1. CURRENT TRUSTEE is not the real party in interest;
2. FINANCIAL INSTITUTION converted Grantor’s (conversion of
Collateral) deposit liability account to its own use, without
notice, consent or authorization;
3. FINANCIAL INSTITUTIONS have created and passed fraudulent
securities;
4. FINANCIAL INSTITUTIONS conducted an unlawful, fraudulent
conveyance of Claimant’s property;
5. FINANCIAL INSTITUTIONS forced Claimant to labor to pay interest
on the equity in real property (real estate) that FINANCIAL
INSTITUTIONS received for free;
Points of fraud – Cont;
6. FINANCIAL INSTITUTIONS have violated the Fair Debt Collection
Practices Act, [15 USC 1692-1692o];
7. FINANCIAL INSTITUTIONS violated the Truth in Lending Act [15
USC 1601-167E (TILA)] and never disclosed the true
nature, costs or risks of the agreement;
8. FINANCIAL INSTITUTIONS violated the Real Estate Settlement
Procedures Act [12 USC 2605(e) (RESPA)] and never disclosed
the true nature, costs or risks of the agreement;
9. FINANCIAL INSTITUTIONS violated the Common Law Doctrine of
Unconscionability;
10. FINANCIAL INSTITUTIONS implemented and are attempting to
enforce a predatory lending scheme; and an adverse claim found
at [UCC 8-105(b)]
Fraudulent negotiation of instruments
Fraudulent negotiation of instruments
1. There is no evidence that the purpose of the Trust was not to split the Grantor’s perfect title into two subtitles, so that under Admiralty or UCC (Debtor/Creditor) law, an imperfect title exists -possessory title 9/10 of the law (Trustee) and beneficial/equitable title 1/10 (Beneficiary).
2. There is no evidence that the intent of the Trust was not to convey property ownership from the Grantor and convert it to beneficial interest of third parties.
Fraudulent negotiation of instruments – Cont;
3. There is no evidence that equitable title is not divided title, which is evidence of a trust.
4. All unconscionable contracts are subject to rescission under the common law and Admiralty Law for failure to make the proper disclosures; in constituting an acceptance, where there is no meeting of the minds there is no contract as required by §226.23(b)(1) regarding Notice of Right to Rescind as set forth In re Pearl Maxwell v. Fairbanks Capital Corporation, 281 B.R. 101,(2002).The Uniform Commercial Code addresses unconscionable contracts [Ref. UCC §2-302; 13 Witkin Cal. Summary 10th §40 @ unconscionable; 15 USC §1635].
Lender statute violations
Lender statute violations
1. Multiple statutes that define commercial instruments
such as promissory notes, credit agreements, bills of
exchange and checks as legal tender, or money, and
financial assets [12 USC 1813(l)(1); UCC §1-
201(24), §3-104, §8-102(9), §§9-102(9), (11),
(12)(B), (49), (64)]
2. [17 CFR 240.15c1-2] Fraud and misrepresentation
3. [18 USC 1957] Engaging in monetary transactions in
property derived from specified unlawful activity
Lender statute violations- Cont;
4. Truth and Lending Act [Section 1640(h)]
5. The Uniform Deceptive Trade Practices Act
6. [12 USCA §1831n(a)(2)(A) or 12 CFR 741.6(b)]
(GAAP)
7. [12 USC CHAPTER 2 SUBCHAPTER 4 SECTION 83
(a)]
8. Law by Acts of Collusion
Lender statute violations- Cont;
9. FDCPA [15 USC 1692e(g)(A)] false representation of character amount or legal status of debt
10. [15 USC 1692d]; conduct the natural
consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt
11. State consumer protection laws; breach of good faith and fair dealings, unfair and unlawful conduct and unfair trade practice upon the consumer.
To start the YOUR remedy process…
1. Read this over a couple of times to understand what we do, it’s easy. Goal –remove all debt from YOUR property, and obtain clear title,
2. Property owner requirements
A. Execute our Agreement & Authorizations
B. Provide copies of Note, Deed of Trust, latest loan statements, and notices received from FINANCIAL INSTITUTIONS. Request a payoff amount from the FINANCIAL INSTITUTION.
C. Contact us and see what our availability is.
D. We can only take on a couple of clients at a time. (we are about winning, not volume).
E. Review our next opening and see if it works for you.
F. If you have special needs or circumstances, we need to know in Advance. If you are too far down the line we may not be able to assist you. Don’t guess, ask us!
Documents that you sign
Eliminating the Deed of Trust
1. Client agreement-Limited Engagement Services
2. Administrative Process and Service Understanding
disclosure agreement
3. Power of Attorney & Appointment of Trustee
4. Deed of Trust & Private Promissory Note for Services
(these will NOT BE FILED until I have removed your
account (bank loan) and cloud on your title (deed of
trust) (do a Sutsitituion of Trustee ((if needed)) and
a Deed of Reconveyance).
Process and your costs
The process is three fold: 1. Settle the existing account, (we use or private
Bonding Capacity and admin process for this).
2. Removing the banks deed of trust from your property. Clearing title.
3. Place new encumbrance on the property Private Promissory Note for Services (30% of what I remove from Private Residences and 40% for Commercial OR Income Property).
4. Your Option, No payments for 5 years (60 months) so you can regroup and catch your breath).
5. No interest if paid within the five years.
Process and your costs –Cont;
The Administrative Costs are as follows: $7,500 for the administrative portion of the items $2,500 down which covers Bond and start up (as marked A on
schedule of services)
$2,500 when invoiced which covers (as marked B on attached schedule of services)
$2,500 when invoiced which covers (as marked C on attached schedule of services)
$2,500 for each second and/or third trust deed (it takes the exact same process to remove these)
Upon completion of filing of Substitution of Trustee and Deed of Reconveyance, (clearing clouds on the title and renaming Trustee and Beneficiary for YOU) the new Private Promissory Note for Services will be earned and a new lien/financing private note will be put on the property.
Qualifying properties
Almost any Property in California
MERS listed as Beneficiary on the Deed of Trust
(preferred)
Property value is less than alleged obligation (preferred)
Property has at least 60 days before a Trustee Sale Date
You understand the elements of fraud and are
committed to working with us to go through the process
Title clearing process
1. Notice of Setoff sent to IRS and Secretary of Treasury.
2. TILA AND RESPA (Qualified Written Request and Notice of Right to Cancel) sent to FINANCIAL INSTITUTIONS with specific performance requirements –20 days to respond
3. Letter of Clarification sent to FINANCIAL INSTITUTIONS with points of fraud –20 days to respond FINANCIAL INSTITUTIONS do not respond –acquiescence by silence
4. Notice of Fault sent to FINANCIAL INSTITUTIONS –10 days to reply
5. Notice of Default sent to FINANCIAL INSTITUTIONS –10 days to reply
Title clearing process – Cont;
6. Specific Power of Attorney granted by FINANCIAL
INSTITUTION. New Trustee appointed
7. Certificate of Administrative Judgment Sent
8. Record new Substitution of Trustee
9. Record new Deed of Full Reconveyance
10. New note for our services and Deed of Trust filed
(No payments for 60 months with no interest. You
can NOW BREATH).
We are NOT loan brokers, real
estate brokers, attorneys,
accountants, tax advisers or
Foreclosure Consultants.