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Foreclosure Defense FloridaGeneral Information

The Servicers (Banks/Debt Collectors) DO NOT OWN THE NOTES….They Are Merely Acting As Debt Collectors For Fannie/Freddie…..

Consider carefully the following nugget:

The mortgage loan originator, seller, or servicer; any service bureau; or
any other party providing services in connection with servicing a mortgage
loan for, or delivering a mortgage loan to, Fannie Mae will have no right
to possession of these documents and records except under the conditions
specified by Fannie Mae.
Any of these documents and records in possession of the mortgage loan
originator, seller, or servicer, any service bureau, or any other party
providing services in connection with selling a mortgage loan to, or
servicing a mortgage loan for, Fannie Mae are retained in a custodial
capacity only.

Now, when, “The Bank” comes into court asserting the right to throw a homeowner into the street, the real question is…..


Well, I asked our courts to consider this, to provide some direction, but they declined to do so.   Apparently such minor little details have no place in a court of law.   After all, isn’t possession of the note enough?   (Ignoring for a moment the fact that even if in possession, such possession is limited by the terms of the contract….




  • jacqueline says:

    Dear Matt
    I have been following your blog for sometime and I am what is being deemed now a DOER… I am a certified foreclosure bank examiner, paralegal, Research and analysis mortgage/securities expert and ex Mortgage broker… I have been helping homeowners since 2007 and have made some head way.. but like you the courts are ignoring the facts of law and the facts themselves because their pensions are tied to the mortgage backed securities. In addition to this we have had 3 judges recuse themselves after having their pensions and jobs threatened and then they retired. They were kind enough to contact us and let us know the truth. We had one attorney in California in which “men in black” broke into his home and were waiting when he arrived home and told to back off or else! I think that most of America is NOT aware of how deep this fraud runs.
    I believe the only way to win right now is to start hitting the fraudsters in their own back yard as we have begun to do …LET ME tell you it wakes them up fast and whats amusing is their emotional responses to our filing that lack any lawful content.. (they now sound like what they call “cry baby homeowners”) by holding the party directly involved in the fraud responsible.. CEO, CFO , Presidents of banks, Judges and even attorneys this is the only way to have an affect. Its time that everyone must banned together and help one another win against the corruption in the system. According to the rules and laws.. a note that is defaulted cannot be sold transferred or assigned ownership, it can only transfer the debt in which making the next party becomes clearly a debt collector under the rules of the FDCPA. Based on this rule the DEBT COLLECTOR has no legal standing to foreclosure or enforce the debt because in fact you have NO contract with this entity and did not sign into a contract with this entity and the best they can do is attempt to collect the debt but they cannot foreclose as they have no legal standing to do so! I believe that for every case that comes before a judge we need to unite people to come and fill the court rooms and be witnesses to the fraud being committed on the people by the people we elected to protect our constitutional and Amendment rights. If we were to fill the court room and have each witness do an affidavit of fact and file it in the federal court these affidavits could NOT be ignored nor could the fraud! Its time to take a stand and its time to start filing complaints and suits against those who are not upholding the Oath and the rights of the people.

  • neidermeyer says:

    Isn’t this :
    A good argument that the servicers are not acting in accordance witht heir contractual limits regarding FNM/FRE and something that should be noticed by the courts or included with defense pleadings?

  • Nancy Drewe says:

    The ‘Creditor’ silly

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