Americans who have been subjected to the abuses of an out of control banking and financial system, along with their co-conspirators in the largest crime spree ever perpetrated upon a human population, this nation’s court system, have sat in the front row while they and their communities go plunging over desperate financial cliffs. The crime spree continues on unabated in this nation, especially in the case of the 5 major banks who received a big fat Get Out Of Jail Free Card (except that no one actually went to jail). Actually, they didn’t just get a card, they were all lavishly rewarded for their ongoing crimes spree in the form of billions of dollars of taxpayer money that was handed to them so that they could make their board members rich and their executives even more rich…
of course these criminal masterminds should be rewarded for engineering such a hijacking and stealing of trillions of dollars…this is Amerika after all!
But I digress. That wasn’t what I wanted to talk about today. Today I wanted to talk about how our court system has been directly complicit in this massive thievery, this extraordinary campaign of fraud and forgery and theft. We know that dogs will roll in the dirt and that criminals will engage in criminal behavior. That’s just what the Wall Street criminals have been conditioned and bred for over the last several decades. And as our government, at ever level, continued to reward their increasingly brazen crime sprees…their crimes just got bigger.
But what’s most disturbing, especially to a fool like me that felt that our nation’s court system would actually fulfill its sacred Constitutional duty to enforce laws and protect citizens from the abuses and and out of control criminal banker class, is to sit here year after year and watch the way “our” nation’s court system has been nearly completely co-opted and corrupted and now stands in service to the very criminal enterprises that have plunged this nation into legal, social and economic chaos.
There is one court opinion, repeated universally in the context of foreclosure cases, that illustrates just how Florida’s court system, both at the trial level and at the appellate level are bending and contorting the laws that should serve all of us in order to serve the interests of the banks and institutions. The twisted logic and omitted reasoning found in this case has been used as a Weapon of Mass Family and Community Destruction. The legal theory so perverted and twisted up in this decision has spawned an entire industry of fraud and forgery that…again…goes unabated.
Mortgage Promissory Notes ARE NOT NEGOTIABLE INSTRUMENTS…..a fact that is finally starting to get widespread attention and discussion in this space. I’ve been whimpering this argument for years (as evidenced by some of my earliest pleadings I just uncovered)…but apparently after being roundly beaten up about this for many years by judges, I abandoned those very valid arguments. Well, the one opinion that opens the door to all the negotiability of notes delusion/fraud is a 1938 case Johns v. Gillian…and that oft quoted passage, “the mortgage follows the note”. The problem is, the conspirators in this fraud always omit the key words that follow that sentence in every single instance…the key words they omit are,
unless there be some plain and clear agreement to the contrary
And just what is the definitive proof that there is a “plain and clear agreement to the contrary”? Well, the entire MERS system is in fact a plain and clear agreement that makes it very clear the note and mortgage were separated, sent off into different directions, where clearly the mortgage did not follow the note into the stream of note commerce. But no one ever wants to think about all of that….it’s the big pink elephant that sits in the middle of the desecration of our entire legal system room…..our courts bending over backwards using a decades old misconstruction as a tool of community destruction…..
However, it has frequently been held that a mortgage is but an
incident to the debt, the payment of which it secures, and its
ownership follows the assignment of the debt. If the note or
other debt secured by a mortgage be transferred without any
formal assignment of the mortgage, or even a delivery of it, the
mortgage in equity passes as an incident of the debt, unless
there be some plain and clear agreement to the contrary, if that be the intention of the parties.
A mere delivery of a note and mortgage, with intention to pass the
title, upon a proper consideration, will vest the equitable
interest in the person to whom it is so delivered.
Generally speaking, wherever it was the intention of the
parties to a transaction that the mortgage interest should pass,
but a written assignment was not made, or else the writing was
insufficient to transfer the legal title to the security, equity
will effectuate such intention and invest the intended owner of the mortgage with the equitable title thereto.”
So Matt, I viewed and reviewed my ” recorded mortgage ” in Pasco County Records and to my surprise it does not contain a ” loan number ” such to set it apart, to distinguish, with specificity one Note from any other Note. ( to be sure ) Of course there is vague language that attempts to connect dots, the burden of proof is on the Plaintiff not the Def. Then when they ” manufacture ” documents they violate :
FSS 831.12 Fraudulently connecting parts of genuine instrument, which gets to
FSS 831.07 Forging bank bills, checks, drafts, or promissory notes, which gets you to
FSS 831.09 Uttering forged bills, checks, drafts, or notes, which gets you to
FSS 817.545 Mortgage Fraud
My question is this, is Bernie Mc Cabe doing anything with this ” probable cause ” on other similar cases ?
please comment on contract law. thats fine about the mortgage following the note but what about when homeowners are told to break the contract by the servicer. why are the courts, the judges, not adjudicating contract law in foreclosure cases are they not civil law?
when wells fargo the servicer tells the homeowner not to pay a current mortgage (as in miy case) because in order to “APPLY for A HAMP LOAN WE HAD TO BE # MONTHS BEHIND” which we know is now an utter lie. that is in all technical purposes telling the homeowner to break the said mortgage contract. why ar the judges being so wish washy on that concept. i feel as though i live in a tunnel. Judge tatti in hernando seems cool. he asserts the fact that he has been a procecuter for 22 years dealing with peoples lives. now he is faced with banks coming and taking peoples homes away. but then he still dismissed the case with prej. to me seems now the bank can come back and lie again. perjury again no one is prosecuting. i feel as though i am in a tunnel and cant see the light at the end.
Excellent analysis of the necessary blowback from the MERS fraud: the parties specifically agreed to separate the note from the mortgage. This is the essential counterpoint to the argument that the homeowners’ signed the mortgage, thereby appointed MERS as the mortgagee as nominee of the “lender” and cannot complain (even though most homeowners had no idea what they had signed, but that doesn’t matter per the courts, which have thrown out the necessary element of the creation of a contract: the meeting of the minds.) If the “minds met” as the courts have held in upholding the MERS nomination, then the parties agreed to separate the note from the mortgage and the notes are never intended to be payable to MERS as nominee. The notes and the mortgages having thus been separated, only the parties or the courts can reform the contract for secured indebtedness. If the courts are going to reform the contract, that is a function of the courts’ equitable powers and “he who seeks equity must do equity” (a/k/a the clean hands doctrine.) The use of MERS to conceal the real party in interest which actually gave the consideration for the debt (money, funds, credit, a cashiers’ check or other draft) must be revealed. Otherwise, we have a contract between one party who can lose an interest in land against a straw man (or agent) which gave no consideration for the interest in land. This is dangerous ground and new territory for the law: enforcement of contracts to convey an interest in land between a named party and an unknown party through an agent which failed to disclose its principal.
QUERY: Can a contract to convey an interest in land be created by a named party and an undisclosed party through an agent pretending to be the principal?
QUERY: Can a contract between a named party and an undisclosed party be enforced against land?
ANSWER: See Statute of Frauds.
The Statute of Frauds was created to stop, guess what? Frauds. The conveyance of an interest in land must be in writing, must be signed by the grantor and must name the parties. Here is part of the Wisconsin Statute of Frauds for example:
706.02 Formal requisites. (1) Transactions under s.
706.001 (1) shall not be valid unless evidenced by a conveyance
that satisfies all of the following:
(a) Identifies the parties; and
(b) Identifies the land; and
(c) Identifies the interest conveyed, and any material term,
condition, reservation, exception or contingency upon which the
interest is to arise, continue or be extinguished, limited or encumbered;
and
(d) Is signed by or on behalf of each of the grantors;
(I left out leasehold interests and the state specific marital property law provision which requires, as to leases, signatures of both parties and, as to spouses, that both spouses must join in the conveyance.)
The fraud system thought it was being clever when it invented MERS to conceal securitization. If we can finally get to the core of this issue, the fraud system outwitted itself, because the mortgage transactions are invalid under the Statute of Frauds. Court action is required to create the conveyance of an interest in lands and the proponent of the reformation must prove clean hands and equitable title. It should be noted that the Statute of Frauds arose from similar circumstances in the 17th Century to what we have now: parties were coming into courts fraudulently claiming rights to interests in lands. There is nothing new under the sun. Fraud is still fraud. Only ignorance, willful blindness and complicity allows it to continue.
An educated public is our best defense against tyranny.