MORTGAGE FRAUD WAS NOT ONLY NEVER FIXED, BUT IT WAS ALSO NEVER CHANGED AT ALL. FORECLOSING PARTIES ARE STILL ASSIGNING MORTGAGES AND DEEDS OF TRUST TO TRANSFER THE OWNERSHIP OF YOUR DEBT. THE SUPREME COURT MADE IT CLEAR THAT AN ASSIGNMENT OF A MORTGAGE HAS NO EFFECT... IN 1872!

Wednesday, April 22, 2020

Foreclosure Fraud: Mortgage Fraud Does Not Mean the Same Thing as Home Loan Fraud

"What if the Hanky Panky is what it's all about?"
                                                                       From a bumper sticker- Author Unknown


A mortgage (the same thing as a Deed of Trust) is no more than the rule book for the agreement between the lender and the Borrrer of what happens if a Borrower can or cannot pay back his loan.   The presence of fraud isn't the burden of the Borrower to prove in court. That is the constitutional duty of the judge.  The judges are betraying their oath to protect the constitution and the "public perception of the nation's courts" on a massive scale.

by Danny Hammond

MORTGAGE:  Defined as-- "mortgage [a conditional conveyance of property as security for the repayment of a loan]"  Proper term is "Security Instrument"

FRAUD:  Defined as-- an intentional misrepresentation of material existing fact made by one person to another with knowledge of its falsity and for the purpose of inducing the other person to act, and upon which the other person relies with resulting injury or damage.

Foreclosing Parties have to prove with concrete and particularized evidence that they are acting legally at the beginning of a case they begin because they are wanting to take something away from someone is who is in possession of the thing.  In other words, the Foreclosing Party must prove that they are, in fact, not committing fraud.  The Borrower is being made to "prove" fraud, by judges is a violation of the constitution, a very grave and wrongful act for a judge.  

So, Fraud is a fact and the "burden of proof" of the Foreclosing Parties is to prove with "concrete and particularized evidence" that they are not committing fraud and that instead, they are the legitimate owner of the loan and that they paid money in a documented transaction to purchase the loan. I have never seen in any foreclosure sale or foreclosure case the written words of the  Foreclosing Party claiming and proving anything at all.  But, it is not for us to argue this with and against the Foreclosing Party.  The judge is the only person controlling his courtroom.  It is he that must review the words of the Foreclosing Party and then file into court his reasoning of finding that the Foreclosing Party has met the constitutional, irreducible, minimum requirements of Standing...or not. No fraudulent Imposter or Fictitious Payee Foreclosing Party can cheat at this.  But, judges can ignore their duty and assist the scheme.  Your judge has most assuredly done this.

Most importantly the Foreclosing Party must do this at the very beginning of the case.  I have never seen this happen either.  

Not at the beginning of a case where the Imposters and Fictitious Payees (real legal terms) are trying to take the most expensive and most precious item that any American can ever own.  The false foreclosing parties are trying to take this thing away from someone is who is in legal possession of the thing.  Homes.  They are taking homes.  I have never seen them doing it legally.  But, in the end, this is the responsibility of the judge.  It is his job to keep the proceedings from "running amuck"!  (It is time that we made the term running amuck a truly legal phrase.)

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