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Foreclosure Defense Florida

America is Being Stolen, One Piece of Land At A Time…Who Is The Wizard Behind The Curtain?

david-stern-newsA sane person would think that if parties were going to be throwing   millions of people out of their homes and into the streets, collecting hundreds of millions of dollars in the process and performing the single largest transfer of real property in the United States of America since the Louisiana Purchase we would all know who was behind all of this….wouldn’t you?   But ignore the big picture, national security/public policy stuff loaded into that big question for a moment.   Even if the answer to that first question was no, you would think that at the very least, if you were being thrown into the street you would have the right to know who owned the note and who was directing the foreclosure against you and your family right?   Well, this is Amerika folks, and those quaint notions of transparency, open government and justice don’t apply anymore.   The banks and servicers that are taking apart this country one foreclosure at a time, taking your home and throwing your family into the street can do as they please and you have no right to know who they are actually working for.

But it’s not just you that is being kept in the dark.   You see, courts all across this country are transferring not just hundreds of millions of dollars, but the actual physical dirt and land and   the true foundation of this entire nation, one home at a time, one foreclosure case at a time…..AND THEY HAVE NO IDEA WHO THEY ARE TRANSFERRING THE PROPERTY TO!

What we do know for certain is that in hundreds of thousands of cases, all across this country, the Plaintiffs that are suing to throw hundreds of thousands of American families into the streets, the Plaintiffs that are taking title to hundreds of thousands of homes and hundreds of thousands of acres of the real property of the United States of Americans are not the owners of the notes and mortgages.   They are merely the assassins hired by hidden and undisclosed third parties that are the real parties in interest.

They are getting away with this now, but it was not always this way.   You see, in Florida, the lawsuit form approved by the Florida Supreme Court requires that to state a cause of action for foreclosure, the Plaintiff must allege that they “own the note and mortgage”.   But this language that has been used for hundreds of years has been ignored recently and the typical foreclosure lawsuit now reads, “The Plaintiff owns or holds the note and mortgage or has the authority to enforce the same.” Really?   Well, which is it?

And how about you show us all some of where that authority comes from? Oh, right we have no right to ask that question.   We should just trust that the bank or whoever is suing really has the authority.   I’m sure that’s a wise thing for me to engage in individually and for all of us to consent to collectively. I mean, after all the banks and the financial services industries and their counterparties in government have proven so trustworthy so far.   I’m certain we should all just trust them now, especially based on all our prior dealings.   No, of course not. We should not trust the first thing coming out of the banking industry and yet they are demanding that our courts trust them on a matter of such profound importance.   Trust us, we’re from the banks, with our partners and facilitators in crime the government, and you must   trust us when we say we’ve got the right to foreclose on this property.

Well, here’s one thing we know with absolute certainty.   In the vast number of cases the Plaintiff does not own the mortgage they are suing upon.   There is an undisclosed third party lurking behind the scenes that actually owns the note and mortgage and that third party directed the plaintiff to do all they are doing.   And another thing that is absolutely certain…in a very high percentage of cases, the real owner and real party in interest is that weird version of the federal government called Fannie Mae and Freddie Mac.   That’s right folks, the real party in interest in the vast majority of foreclosure cases are secret unidentified parties or the federal government themselves.

And what happens to all these homes and all this property after all these foreclosure cases are concluded?   Well, contrary to all this propaganda about letting the free market take its course and getting these properties back onto the market, in Florida at least the vast majority of properties do not make it onto the free market.   What? Whoa? Who? Whaddya mean? I thought we had to get through this foreclosure crisis and move these foreclosures along.   Well, the end product of every foreclosure case is a foreclosure auction.   A free market, transparent way for the market forces to get a property out of the grubby paws of those damn deadbeat homeowners, determine what a property is worth and get that property into the hands of some deserving capitalist who will put it to its highest and best use….right?   Wrong. Not in this nightmarish vision of America foreclosure auctions we see today.

Take a look at any of the publicly accessible websites that show the outcome of foreclosure auctions in Florida.   What you will find is that in the vast majority of cases, the properties return back to the lender that was foreclosing.   Oh, there are hungry capitalists out there that would like to bid on the properties, and if they were permitted to purchase them, we would be seeing the private free market at work showing us what these properties are worth, but there are very few properties being released into the free open market.   The banks are taking them back for reasons that none of us are being told. Now I’m certain a big part of this riddle has to do with credit insurance on the back end and that the institutions are somehow making more money by not releasing property than they would if they let them sell at the foreclosure auction.   And what about the role of those Frankensteins of Federal Government Fannie and Freddie?   Well, none of us know for certain, but we do know that they are accumulating and selling properties off in bulk, for cents on the dollar to institutional investors that have been hand picked by the federal government.

Now back to the question.   What business is it of me, gullible and compliant American to care exactly who owns mortgages and exactly who is behind the takedown of millons of homes and untold hundreds of thousands of acres of real property in this formerly free and sovereign nation?

And how dare I as a defendant in a lawsuit or as an attorney with an obligation to our court system and one who swore an oath to defend my Constitution, how dare I question what is happening in these lawsuits and in our court system and in our country.   I should just shut my mouth, move along and stop asking all the questions.   No, more directly. If I know what’s good for me and my family, I had better just shut my mouth, move along and stop asking all these questions…..or else.

Oh, but one last thing.   Take a look at a little public record filing from one of the largest purveyors of fraudclosures in this nation.   Read these disclosures carefully and then explain to me again why I have no right to know who owns the mortgages that are being executed on in my nation’s court systems….

We were incorporated in the British Virgin Islands on February 19, 2008 under the name ” Chardan 2008 China Acquisition Corp.” as a blank check company for the purpose of acquiring, engaging in a merger or share exchange with, purchasing all or substantially all of the assets of, or engaging in a contractual control arrangement or any other similar transaction with an unidentified operating business which has its principal business and/or material operations in China.

During the three months ended March 31, 2010, our REO liquidation services business became an increasingly significant source of revenue, generating approximately 5% of our total revenue during that period.    Our REO liquidation business has a sole customer through which we generated $3.3 million in revenue for the first quarter of 2010 compared to $1.9 million in the same period last year, primarily due to an increase in the number of REO liquidation files which grew to 1,728 files in the first quarter of 2010, an increase of 56%, from 1,111 files in the first quarter of 2009.



  • speakout says:

    If the note term is longer than 9 months, it is a security. The mortgages were separated from the notes and turned into securities.
    Conversion. They are illegally selling unregistered securities. Where are the receipts? For the transfers. The note must stay with the mortgage. Bank of New York is one of the main Trustees in the new trust created. The certificate holders are the investors, who I believe are really the true party in interest, the flesh and blood people who were the guarantor on the notes(the borrower), signing for the “strawman” version of us, as the states have us all in trust. If the note/mortgage was converted to a certificate, it has been converted and is no longer a note. What do the certificates say? What are the investors really buying? In a trust, there is a corpus and it can not be sold. They are replacing the notes that go into default from the trust with new notes. But if it was originally turned into a security, how can it then be turned back into a note? It can’t.
    Problem is we have massive fraud and no one is doing anything about it because the banksters have taken over our country, because our government sold us out. Time to march on DC and do a Boston tea party event. Only instead of throwing out tea in the river, it should be the politicians that allowed this corruption to get where it is today. Get the brooms and vacuum cleaners and let’s clean house, Elections are fraudulent so, no use in waiting for that to fix anything. The masses have woken up and know we have a problem. Only We, the People, can fix it, together in mass.
    File corruption charges on the judges, as they know what is going on and are participating in the securitization of the cases.

  • speakout says:

    If the banks want to make up the law as they go along, then we should be able to also. In the note/mortgage, it sometimes says the borrower pledges his labor and property. Well, why can’t we bill the lender for our labor? At minimum $10/hour(which is cheap), 24 hours a day, 365 days a year. Add it up, in a typical $200K loan, property owned for 5 years, that equates to $438,000 that the bank should compensate for someones labor for 24 hr. care and maintenance plus improvement costs. So now, the bank owes the borrower $230,000+ for that foreclosure “taking” of the property, less interest owed. They want to charge us, let’s charge them back. Isn’t our labor worth something? They shouldn’t just get a property free because they had the people sign extortionate contracts, after many of us put tens of thousands down when we purchased in the first place, that we have now lost to market devaluation. File a mechanics lien on the property.

  • triumphant says:

    Why let the banksters continue to control the narrative in Florida that UCC-3 trumps established equitable foreclosure law and the Supreme Court’s own form? These foreclosures are each equitable actions TO FORECLOSE A MORTGAGE – a MORTGAGE based on a SECURED promissory note. There is so much F.S. 673 nonsense out there in banksters’ pleadings, making its way more and more into DCA decisions.

    If UCC applies AT ALL, it might be UCC-9 (See In Re Veal decision from the 9th Circuit Bankruptcy Appellate Panel), such as F.S. 679.

    Have you ever seen the allegation in a foreclose complaint that “This is an action to enforce a promissory note?” No. The actions are based on the MORTGAGES, yet they are argued (and apparently won) as if they are actions to collect on bearer paper.

    But the banksters are bringing actions to foreclose as if the action soley related to notes which are UNSECURED promissory notes. It’s bad law that the banksters are cultivating in the DCA’s of Florida. These a SECURED promissory notes, hence the Supreme Court’s “OWNS and holds” directive in the form for EQUITABLE foreclosure actions. How can a foreclosure action be “IN EQUITY” – which, by law it is supposed to be – if the plaintiff OWNS NOTHING?????

    • Attorney Wendy Alison Nora says:

      You are exactly right, again, triumphant.
      Article 9 of the UCC applies to personal property and not real property. Although the VEAL case tried to find a basis in the UCC to address what appeared to be an attempted fraud on the court, Article 9 of the UCC does not apply. By its terms, the UCC does not apply to real property and UCC Article 9 applies to secured PERSONAL (as opposed to REAL) property. The promissory note does not create a security interest and the debt is unsecured, absent a lawful and recorded assignment of the mortgage to the holder in due course or original owner of the promissory note. The banks try to argue equitable assignment of the mortgage to the endorsement in blank, but the Statute of Frauds prevents this from being possible.
      “Blank” cannot enforce an interest in land or obtain title to lands through foreclosure. The Statute of Frauds and real property law prevent “Blank” from holding title to real estate.
      We can thank the endorsements in blank for bringing us back to the body of real property law, which is what governs foreclosure, not the UCC.


    Barry Fagan v Wells Fargo Bank Re REQUEST for JUDICIAL NOTICE of a RELATED CASE:REPORT Office of the Assessor-Recorder San Francisco Report as Sponsored by Phil Ting Assessor-Recorder for San Francisco Entitled Foreclosure in California a CRISIS OF COMPLIANCE

  • Davey says:

    I don’t like alarmism, but I think we are approaching violent reactions from ordinary people. See: Greece. All their fault for being lazy, stupid etc., right? I think bad, bad shit will happen in near times because about one out of 90 “leaders” will deal with reality.

  • Alen says:


  • panjee says:

    Thank you for sharing this article.

    You are a member of a society that holds more response-ability for this mess (land grab) than is held by the Banksters!

    If we want to see real & positive change… we need to see the Law Society for what it is – A private members club with their own private language and their own private rules. The ONLY folks that should be bound by prose created by the Law Society… are members of this organization.

    That said, it seems you are a compassionate man doing what you can to help your brothers & sisters?

    Good luck to you :o)

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