It's Pull-Back-the-Curtain-Time! The information below reveals clearly finally what IS and IS NOT "sold" at a "trustee sale." Most of us, including lawyers and judges, have been duped by clever word magic and mis-naming by the "foreclosure machine" for years. Check out this reverse-engineering exposé thanks to one of our leading experts in firing back to uphold our rights with the Uniform Commercial Code (UCC), Robert M. Janes, attorney retired and legal researcher-author. The information may have applications in other non-judicial states because all states have adopted the UCC which is governing law over a Note or instrument of indebtedness (check your Notice of Sale document for a comparable disclaimer referenced.) [The audio helps those who process by hearing, like I do].
It turns out that we homeowners in California have been assaulted by a "2924 scheme," a non judicial foreclosure conveyor belt touting the wrong name! This isn't a "foreclosure" in the traditional understanding because the NOTE is not involved at all. Instead, California's "2924 statutory scheme" allows third parties to sell (or assign or transfer) ONLY A LIEN interest in the Deed of Trust or security instrument, but no note-owner is anywhere near this 2924 scheme. Hard to believe, but study on: therefore lawfully and legally the homeowner fully retains her rights to title, ownership or possession after a trustee sale in California.
However, the entities, known as FMLF (foreclosure mill law firms) that slide in AFTER trustee sale have been especially abusive to homeowners in the "UD Court" phase of this -- but this is part of the formula because they are actually in a weak position when they first summons the homeowner who retains her lawful right of POSSESSION AND TITLE: the trustee sale conveyed no rights to title ownership or possession because it sold "only a lien interest and not the property itself." Bob Janes de-constructs what is being adjudicated in Unlawful Detainer "UD" Court - and why we need to comprehend this plainly, so we know what and how to plead for our rights. HOW? MOTION TO RECLASSIFY the UD case.
The below article dives deeply into homeowners' risks with a summons into the INCORRECT COURT VENUE of the "limited civil" and hasty "summary" proceeding of a landlord-tenant eviction procedure. The UD process is a serious matter which must AND CAN BE wrangled, but armed with the correct knowledge! Homeowners in California: its time to buck the tide and show up for what's right and against what's wrong that is harming California's people unto multiple generations. HINT: Make an audio recording in your own voice like I did, and listen to it, discuss it.
Featuring Professor John Campbell -
"Behind the Scenes Causes of the Mortgage Crisis in America"
The following was written over a period of about a week or so between December 11 and 19, 2018, with some revisions since then but not much .... We were recovering from a hunch that we had just experienced "near-miss" of what appeared to be a fast-approaching ambush from certain players whose interests were adverse to retention of our primary residence dwelling and property.
Below is to-be-edited and really should be divided into three or four articles; but consider it "musings," and I hope it is helpful and insightful, or at least food for thought.
~ Renee Shizue Ramos Yamagishi
December 2018 - January 2019
And so once again .... I don't know what to do exactly. YET.
So I will write.
The controversy is not primarily the fault of the courts or judiciary though our courts are duty-bound to uphold the Constitution and rule according to it. Surely this is not easy when our adversaries cite to statutes and codes of civil procedure which are completely unconstitutional! Still we have the Rule of Law on our side. We definitely have executive-overreach in which our elected Congress has delegated far too much of its own agency. But as to our judiciary: what of an Oath of Office? Article VI Clause 2 The Supremacy Clause still stands. We are as a Republic, a nation of laws, in dire controversy with ourselves as a people! How do we begin to face ourselves and rectify? And WHERE ARE WE THE PEOPLE heard? How do we "in the trenches" of defending against unjust foreclosures contribute to policy in an expedited way? If our elected representatives and legislators tell us only, "File a complaint with the CFPB: we don't get involved in individual cases, thank you good bye" .. ... read "We have delegated our role and answerability to you," then surely We the People object, with great injury we object.
Many like myself on Main Street have become responsible for our own EDUCATION and to deepen an internal compass as we ask this. Unfortunately, lawmaking by legislators who are the people's elected officials have largely fallen into unconstitutional practices, wherein rules or laws bear little resemblance to due process rights and long-standing contract law which requires disclosure and a meeting of the minds - as well as two parties BOTH putting up "consideration" and sealing the contract by both signed hands. These and more have been completely abandoned in our "loan" origination contracts.
We have a controversy about a debt-instrument, a Note; along with a security-instrument a Mortgage or Deed of Trust --- so which party is most responsible for ambiguity in the original contract? The doctrine of Contra Proferentem applies against those who encoded unconscionable adhesions in the contracts they proffered or presented to us to sign!
Here's what became apparent, at a minimum: All incentives of the business model are weighted 100% on quick wrangling in a rigged system towards foreclosure, and 0% incentivized for any permanent "loan modification" with that same borrower. A grave injury was the "90 days trial loan mod period" only to end abruptly when a "new servicer" acquired debt collection duties and reported they "have no record of any loan mod -- your sale date is back on in 20 days." So all the noise of President Obama's administration about bailouts translating into help for homeowners through modified loans -- was noise without substance; false propaganda and even worse false hopes and then the rug pulled out from under homeowners when they thought they'd finally gotten to safe ground. We have come to call it "Operation Grand Theft Dwelling." Incentives were structured towards foreclosure: -towards separating THAT "borrower" from that property; and rendering them too debilitated to sue in court and fight back. Period. Several entities have to coordinate the attack and execution: the case is made for RICO actions and cases are making their long tedious way up the judicial process.
Meanwhile back to the original "loan contracts:" That same security-instrument deed of trust had words in quotation marks such as "borrower" and "lender" and "trustee," but no dictionary attached -- yet those words do NOT mean their everyday English designation! NO, once again word magic designed to dupe: Did Fannie and Freddie also patent the most lucrative set of quotations marks ever used on any business contract as their patented "standard uniform deed of trust" paper? A mere two ticks around these key words like "borrower" apparently allowed these entities to designate OUR agency and status as THEY saw fit, and assign OUR legal status as a changing agent with rights and then no rights, with standing and then no standing; a changing status at the whim of "foreclosure-machine" entities as "borrowers" moved along their conveyor belt headed to loss of home dwelling and property No, these were NOT "Grandma and Grandpa's home loan contracts" not in the least. No handshake nor honor here! They were not; and far from it.
These mortgage or deed-of-trust contracts are unconscounable adhesion contracts and arguably void under contract law because borrower unknowingly relegated herself to the status of a mere tenant before the ink was dry on that patented security instrument known as a Deed of Trust! "Unconscounable" means unjust, unthinkably unfair and wrong. An "adhesion contract" is a written contract whose language contains automatic conditions that go into effect as soon as the party signs. Those conditions are sealed as IF the signor consented to them --- but in the case of these "loan" contracts, NON-DISCLOSURE was the name of the game: so this signor and "borrower" in quotes ended up "adhered" to a set of the most unjust unfair and injurious conditions which were not only unconsciounable in and of themselves but doubly so because "borrower" had never consented to these conditions -- how could she give consent when the "profferers" or presenters of the contract deliberately WITHHOLD disclosure? Non-disclosure to "borrowers" was and still is Modus Operandi and standard practice. Surely We the People cry "foul and contract-failure." We cry "No, you have none of my consent to that." We fight back.
To any reasonable logic-minded person this all sounds like CONTRACT-FAIL. One need only read the conditions necessary for a contract to be valid. The "loan contracts" were void even before any "borrower" put pen to paper -- due to the unconscionable adhesions contained in them, along with standard-operating-procedure of non-disclosure to the ONLY signatory on them, i.e. the "borrower." "CONTRACT VOID AB INITIO," a void instrument from its very inception -- before any party signed it!
This is Main Street's legal and lawful position: no valid debt collection actions nor foreclosure can derive from wholly void contracts: negotiation and settlement is necessary -- and if our courts aren't up to that trek up the mountain, then We the People are mandated to a two-prong approach: 1) Appeal to the Supreme Court of this Republic and 2) Call a Grand Jury where all adjudicating swear an oath to the Supreme Law of the Land, which is very much intact and alive: our Constitution with its Bill of Rights, along with Logic, reasonableness and the knowledge of right and wrong pursuant to Natural Law.
The courts are truly the last bastion of hope for homeowners, short of storming the offices of lawmakers or beating incessantly on the doors of the Department of Justice to prosecute criminal theft and grave material and physical injury for what it is. And even then, how can we the people expect effective leadership when we now suffer for the want of it for so long? Still the courts are bound by a sacred oath: to those courts and judges who uphold your Constitutional Oath, We the People will support you. Our "Court for Constitutional Republic" is not in opposition -- it is in support of judiciary true to our Rule of Law in this Republic.
IN THE YVANOVA COURT, CALIFORNIA SUPREME COURT JUSTICES OPINED IN 2016:
"The borrower owes money not to the world at large but to a particular person or institution, and only the person or institution entitled to payment may enforce the debt by foreclosing on the security.”
“Banks are neither private attorneys general nor bounty hunters, armed with a roving commission to seek out defaulting homeowners and take away their homes in satisfaction of some other bank's deed of trust.”
-- SUPREME COURT OF CALIFORNIA Justices,
YVANOVA v. NEW CENTURY MORTGAGE CORPORATION, et al.;
2 Cal.4th 919, 938; 199 Cal. Rptr. 3d 66, 365 P.3d 845 (2016)]
See analysis of California's non-judicial foreclosure cases post-Yvanova HERE.
The YVANOVA decision is binding on lower California courts, however too many courts and lawyers seem to insist the principle in YVANOVA applies ONLY to "borrowers" whose homes have already completed a foreclosure sale at auction and hence does not apply to "borrowers" in which the ill-fated trustee sale has NOT YET HAPPENED...i.e. that "Yvanova is a post-foreclosure case only and can't be argued PRE-foreclosure." Oh, even if the publicly recorded assignments in the chain of title were recorded months and years prior to foreclosure, and the Yvanova court based their opinion primarily on an assignment of deed of trust document that was just as void before the auction as afterwards??? REALLY?
This erroneous idea is best illustrated in an allegory:
On the ski slopes there's a hill for sledding. Sam is on his sled at the top of the steepest run; his sled has hand controlled steering. Unbeknownst to Sam his steering controls have been rigged and someone or even an automatic robotic program disables his steering just as he takes off down the slippery slope. His hollers of happiness turn into shrieks of terror as he tries to steer and can't. His boots can't slow down the sled and he's heading straight into a pile of massive granite boulders way down at the bottom of the very long hill. He waves he shouts he cries for help but everyone on the slopes and especially the employees of the resort just smile and wave back.
Bartender in the lodge: "It's a dandy place to work! People are sledding and having a great time, yessir! Oh yeah that guy? No, we just wave and smile at them as they pass by.... Look, people head straight down without steering all the time.. it's beyond my pay grade to fathom why in the Sam Hill they do it that way .. but anyway can I get you another drink?"
Finally, quite predictably, there's a massive collision of sled crashing into boulders the size of cars and Sam is a wreck: broken bones, a major concussion and bleeding badly.
"Oh my god!" People and employees rush over. "Sam, you've been DAMAGED!"
"You think?" Sam manages to mutter after coming to from the impact .. "Where the heck was ski patrol .. why didn't anyone even try .. these boulders ... my steering broke at the top of the hill... I yelled the whole way,... this is ..."
"Well pick yourself up ... try to stop all that bleeding will you ... Look Sam, you've just been officially "damaged." You're now at the bottom of the hill after a close encounter with a pile of granite! So congratulations Sam! The damage HAS been done! Off you go now, march on over to the court and file a lawsuit -- you're now able to plead that the forces of gravity have prevailed absent any counterforce to alter its course, and your wretched condition is proof positive. Here, put you hand up like this and hold your eyeball in its socket.. there you go. The courthouse is that way. Oh here's a stick and some rags to splint your own leg -- hike on man! Sam, its your lucky day."
Analysis of YVANOVA as basis for suit in California since the ruling: Audio podcast: http://www.blogtalkradio.com/neilgarfield/2017/02/02/the-trust-cant-be-trusted-the-us-bank-sham
A decade after the dramatic plunge known as the "global financial crisis," we on Main St. are the living proof in the pudding: these instruments were DESIGNED from the start to dispossess Main Street of our homes and property! The language giving twisted-logic yet "legal license" to do that just are contained in the very Note and Deed of Trust (or mortgage) language itself. O woeful word magic of great injury! Which courts and judicious minds will find it as abhorrent as do We the People, and rule against the falsehood, the injustice, the harmful fraud?
Note: in "judicial foreclosure" states who do not allow "confessions of judgement" on loans for real property; the legislators in these states perhaps recognize this controversial and risky legal status relegated upon the borrower is in fact an unconscionable adhesion putting a borrower and her family at risk of a conveyor belt of sequential unconsciounable adhesions in a non-judicial unsupervised-by-court procedures resulting in a swift court ordered writ of eviction for a county sheriff to throw people out of their homes --- all while homeowners are completely baffled and unable to fight an enemy they can't see!
Back to "non-judicial foreclosure," we borrower's never consented to become tenants for 30 years on a 30 year note -- we never consented to deeding over title in any form to a "trustee." WE COULD NOT CONSENT WHEN DISCLOSURES WERE NOT MADE TO US TO EITHER CONSENT OR OBJECT TO = This is the definition of becoming "unconscionably adhered" in a contract. That appears to be a VOID Contract thereby, does it not?
We say so: and we cry a loud foul to the logical breakdown of these adhesions: it is "CONTRACT-FAIL" to claim the signature of the borrower deeded over title to the trustee pursuant to the security instrument language which adhered her to the legal status of a "tenant" in her own home, yet later in time along the conveyor belt known as the non-judicial foreclosure process, the same borrower is summoned into Unlawful Detainer court with the legal status of a tenant. Again, we maintain that the business model effectively subscribes to the erroneous notion that during the 2 seconds the ink from borrower's pen flowed by signature onto that Deed of Trust instrument, that a signor was a full-fledged "Borrower" with the legal standing to deed over title of her home and property -- if she lacked that authority and agency then the trustee would gain nothing by her signature! A TENANT WOULD NOT HAVE BEEN AUTHORIZED TO DEED OVER DIDDLY SQUAT. But a "borrower" with quotation marks would. How clever is that legalese, how tricky this word magic!
Main Street suggests a more truthful disclosure of the legal position these entities wish to convince the public is fair game no foul. They SHOULD CANDIDLY ADMIT:
"We want our cake and eat it too."
"During the 2 and 1/2 seconds it took to sign her name she deeded over legal and equitable title to the trustee ... How? Well because the adhesions were contained in the very instrument she signed which we told her was merely the "security instrument" pledging the house as collateral in the event of failure to make payments on the Note: but it is that. And more. In fact the instrument ITSELF awards our right to withhold disclosure of any of these adhesions. Quite conveniently we have shielded ourselves by the extraordinary genius concept we can only call "self-decreed impunity." Concurrently we declare that our private patented security instrument is also without violations of any kind whatsoever, by similar decree we make of the very instrument: it too, as are we who proffer it, fully shielded and clothed in SELF-DECREED IMPUNITY. AND SO IT IS.
We celebrate circular logic -- it is our theme. We refute that this refutes logic! We have reinvented Logic in this strange members-only universe of ours. OUR decree, aligned with self-legitimizing circular logic, CREATES our authority to issue the very Self-Decreed Impunity. Clearly its the only way our scheme can appear to be built on a solid foundation of this shifting sand.
We use hidden dictionaries and legalese word magic in all we do. Without it and without absolute non-disclosure our scheme would fall flat. Therefore, the meaning of "Rights" are hereby RE-DEFINED by virtue of the Signed Instrument: IT IS MAGIC INK FLOWING FROM "BORROWER'S" PEN! For even as the ink is not yet dry, the INSTRUMENT WITH SIGNATURE has Redefined "Right" and "Wrong" and we have created a world within the world. Central to this end we employ words disguised as their common meanings and spellings! Absent any dictionary, we apply quotations marks around key words denoting agency of an entity, such as "borrower" and "lender" and "trustee." This way we assert our right to withhold any dictionary -- we aim only to get the ink of a signature on the instrument! We aren't in the business of disclosing the true "nature of this beast!" We would fear these signature-producers may gain the upper hand and fell our business model on the Rules of Logic alone.
Soon enough we come to the time when we must hold the "borrower" to the adhesions contained in the deed of trust she signed because she unwittingly CONSENTED TO BECAME A MERE TENANT at signing. We thereby have no need to prove anything more to her or to the courts about any matter related to our claim other than her and her family are mere tenants illegally occupying real property which we have sold at trustee sale without scrutiny of any governing law or court oversight whatsoever. Unlawful Detainer court hears landlord-tenant matters which is sufficient and perfect really - obviously. We object to "borrower" filing suit against us in state or federal court -- THEY ARE A TENANT NOW, even if they don't know they are. WE HAVE ARRIVED TO THIS POINT AND ITS TME TO WRANGLE THAT PROPERTY AWAY FROM THAT "BORROWER" and her family.
We designed the algorithms for this very purpose in our highly-automated, rubber-stamp conveyor-belt non-judicial foreclosure and proprietary procedures. Clearly these peoples' congressional legislators must be subdued - for the will of the People at large would be our downfall! We have cleverly masked the entire program in legalese and word magic: We operate in OUR PROPRIETARY-UNIVERSE which only resembles the one any "borrower" believes they meet us in -- No, when they engage with us they have crossed a veil into OUR territory where new rules apply: ours. And the first rule is no "borrower" is entitled to any disclosures nor any dictionaries. In our universe the unconscionable adhesion contract IS the key tool to achieve our ends -- and we will prevail for as long as the people believe that "lenders" moved their own money and are incentivized to modify loans; and for as long as judges and courts rule as if these are valid loan contracts in a legitimate industry of residential mortgage lending.
We are especially careful to keep up appearances in the Loan Modification Debacle by Design operation: the mainstream news and prevailing narrative must save face! We have trained customer service reps who speak by phone with millions of distraught borrowers trying to qualify for a loan mod, and we make sure we have a systemized way to cause utter trauma by bait and switch and left-hand / right-hand tactics (one representative says "its in the mail," but a new customer service rep a week later reports the house has gone to auction and no loan mod paperwork is showing up on their system at all ...etc.). We have created the especially genius protocol of having one set of reps actually INSTRUCT borrowers to "miss three payments" in order to "qualify" for the Obama-era HAMP and MHA loan mod programs; and that without those missed payments showing there was no way to apply for a loan mod at all. Dutifully they'd withhold three months of payments and ask the status of their application only to be told "left-hand/right-hand" oops sorry there's a Notice of Default filed against you and the loan mod was denied. Or worse yet, "Sure, congratulations here's your 90-day "trial loan mod" in which you'll put $5k or $10K down to reinstate the loan and make three on-time monthly payments before the "trial loan mod" becomes permanent. But again, its "Ooops, your permanent loan mod was denied, sorry ... left-hand/right-hand .. goodbye. Click."
We are the managers of minions pulling off Operation Grand Theft Dwelling and Land -- its a hidden memo of very clear instructions. The groundwork has taken a few decades to lay down in preparation. We must make it appear our industry is doing all it can to keep people in their homes -- so that the masses will believe the propaganda that only "deadbeat homeowners" lose their homes to foreclosure. Even though ALL this is a front disguised by word magic, legalese and undisclosed adhesions we bind signors too. Clearly in our universe we simply enforce contracts designed for us to benefit in the enforcement -- it matters not what other contract law rules might be in play -- that's all for world of courts -- and -- haven't your noticed we prepared our way by inculcating a culture in which legislators delegate their agency and authority to our shadow entities who remain unnamed and unanswerable to any "borrower!" We have therefore succeeded in instituting a wholly NON-judicial conveyor belt process in which foreclosures bypass courts altogether. Surely sometimes these people fight back using the courts so we have mechanisms designed to bring out the gauntlet to knock them back onto the conveyor belt -- usually this involves bribing their attorneys and working the judges from one angle or another. Throughout this all our senses are un-assaulted."
"NO. The senses of We the People who are the living men, women and children on the land,
are hereby horribly assaulted and irreparably injured by this!
And none of it makes sense in any universe known to humanity to date
in which Logic and Natural law exist.
Justice is impossible without Universal Natural Law, which is that law
authorized by the Divine."
CONTRARY TO MAINSTREAM MEDIA, QUALIFIED HOMEOWNERS WERE ROUTINELY DENIED LOAN MODIFICATIONS EVEN WITH PROOF OF ABILITY TO PAY. Taxpayers were sold something in the bailouts that were not delivered, with dire untold suffering and loss to Main Street. AND NOTHING in the business model of mortgage-servicing incentivizes them to carry a 30-year loan on their books -- foreclosures are the operating directive -- what evil scheme took hold here?
As for the Note , the debt instrument -- that's a rabbit hole of its own (see links in blue below), but we cry a loud foul for the injury of Theft of "Borrower's" Signatory-Credit, which we repay through real value i.e our labor and production of real goods and services which we trade for income.
Quickly jumping out of that rabbit hole now, however, the "borrower" and homeowner for whom this applies, IS and remains a Real Party in Interest for whom shelter and dwelling and property is her Right by Possession, but who was unknowingly adhered to damaging provisions she never consented to because the unconscionable adhesions were never disclosed = no meeting of the minds = contract fail = void, by operation of law: THIS REQUIRES NEGOTIATION AND COMPROMISE. Main Street insists on TWO-WAY Street! Mortgage-servicers have apparently been inculcated to know only one-way and there is no lamppost marked Fair Play.
"No, we the people do not consent!
On behalf of all our future generations including those
of our adversaries' children and grandchildren,
No, We the People cannot and will not consent to this obliteration of our Constitutional rights
under natural law, divine law and its best expression through a republic of laws
in a nation of mistake-making yet evolving humanity:
This United States of America - a great human experiment on the planet!
Neither should our courts abandon logic and rule of law!
Our honored judiciary must try our cases to the fullest extent of law and reason
Before dispossession of basic dwelling and primary residence: of what is one's sacred Oath?
Our honored judges must model what is a “right” and what is a “wrong” in accordance with
Both our Divinely-inspired Constitution of this Republic,
and with Natural Universal Law – and so stand unashamed before our maker one day ….
We the people also accept responsibility for helping to educate our judges to help unmask such clever borderline genius deception and word-magic of these “foreclosure laws and litigation legal experts!”
We on Main Street have earned our credentials also – from the trenches in our sacred war – this grueling yet fiery guerilla lawyering we have committed ourselves to!
Hear hear from the homeowners as well O Good Judge!
Who have been often mis-informed by foreclosure-driven business models
And to plead the facts on the ground clearly,
So judges can arrive at a well-reasoned and correct ruling, in keeping with the highest Good.”
Non judicial foreclosure is a self refuting idea and unjust. The Constitution architectured and instructed principles of personal liberty and justice -- apparently there was a time when the general citizens learned this in school, we don't know what liberty is anymore! LEARN IT THEN, PEOPLE! This idea called non-judicial foreclosure is a violation of Constitutional Amendments V and XIV at least -- the right to due process before dispossession of property. A homeowner/borrower may bring suit in a court of law challenging the non-judicial foreclosure, the case active .. and then a woeful auction happens and the house is sold -- stolen without due process -- only because that court did not issue temporary injunction during active litigation! Yes, before any TRIAL or DISCOVERY is held, grievances denied due process, property taken and eviction -- even during an active suit brought at great cost and duress by a family on Main Street simply fighting to save shelter and dwelling in an equitable manner and by an order of a court of law. In judicial foreclosure states people plead their defense but again too often our Constitution is the last consideration of these courts also, and expediency for everyone else too often leaves families short.
Realize also, according to Neil Garfield of LivingLies blog, this scenario refers to only the 5-10% of Main Street who have the wherewithal to even bring a lawsuit (non-judicial FC states, which number 31 out of 50). Others fall prey to rescue schemes and scams or simply lose their homes. This is the unnatural disaster of over 16 Million households and counting -- that only a very few leaders are even willing to talk about! How many of those evictions were unlawful? Most of them were entirely unjust -- when it comes to primary residence dwelling and investment property alike - the bread and butter of small businesses, backbone of this country. Taxpayer bailouts that never reached Main Street-- or went to a few non profits or contractors who applied a bandaid here or there; with the bulk kept in pockets of "too big to fail banks??" TBTF: That's an obscene phrase, isn't it? That phrase admits welfare handouts to monolithic global banks, while it dishonors true free market "capitalism!" In a true free market of honest competition, if you defraud your customers and cheat your partners your business suffers and may fail! As it should. So what non-elected agencies instead reward TBTF? Oh that's right the DOJ. Is "justice" in that name? Whoever or whatever they are, We the People heartily do NOT consent and cry for an end to evil algorithms evidently in play. Let's hope we've turned the corner at least part way from the 2008-2009 days. Main Street has been jolted awake; at least some have.
So where do We the People turn to to address harms that result from these law-like rules, or these statutes and policies that are simply unjust, unfair and unconstitutional -- architectured with non disclosures, words in quotation marks that do NOT mean what they mean in the English language yet without a dictionary attached, unconscionable adhesions and more? We the People are injured by losing the protections guaranteed by our Constitution. Results have been devastating, and in a ripple effect on Main Street. If we as a people lost these together, then it's time to restore them together. At least the rudder has to point back to the founding of this Republic who threw off tyranny for ideals of liberty and drafted some documents to guide our relations, to guide the future -- or we will fall deeper into greater tyranny again.
THE GREAT AMERICAN EXPERIMENT: Those who love liberty and believe in Natural Law as the founders did (as imperfect as they and we are as humanity) have been forced to educate ourselves on what our founders wanted for We the Posterity. THEY WROTE IT DOWN. Many of us realize that the framers and founders of our Republic and the Constitution urged us to overcome ignorance with education and it appears clear a first step is to become educated on the Rule of Law and on this Republic which is supposed to follow rule of law. We the People must be the ones to insist on rule of law, and the Supreme Law of the Land recognized as such; because if followed and enforced we would have justice far and above the injustice we have today at the losing end of this debauchery known as "non-judicial foreclosure" specifically and in the ravenous wake of a foreclosure-machine beast, without scrutiny of governing law and with consumer protection policies so weak as to be more show than substance and of no effect. We do not consent to this and neither would our founders. [Related panel discussion "Agency Rule: How Congress Can Reclaim Its Congressional Authority" at min 18:00 this writer concurs mostly with Prof. Uhlmann; and at 59:28 Jonathan Turley.]
UPDATED JANUARY 13, 2019. BACKGROUND: Insider whistleblower legal expert(s)representing foreclosure-driven entities now reveal: The "mortgage-servicer" is most-often a pawn and placeholder company working for Fannie Mae/ Freddie Mac who are the GSEs (Government Sponsored Entities). This means that our own government routinely hides the identity of the "owner of the loan and debt," and mortgage-servicers and their legal counsel are instructed to point to a wholly non-existent untrue entity who is allegedly the "injured party and owner of the debt" with a name like "Rent-a-Bank-Name as Trustee of a Disappeared-Long-Ago Trust."
This explains why ONLY the mortgage-servicer company is actively attacking and acting AS IF it is itself the owner of the debt while simultaneously claiming it has no burden of proof to prove ownership for ANY entity -- self-proclaiming an entire breakdown of contract law and logic all by themselves.
Some mortgage-servicer debt-collectors try a different tack: they say THROUGH THEIR ATTORNEYS ONLY ALWAYS: "Our organization is the only entity making claim," presumably as a debt-buyer but they never admit that to try to evade mandates under federal Fair Debt Collection Practices Act (FDCPA), or in California these Substitute Trustee (foreclosure mill) law firms do have to comply with the Rosenthal Fair Debt Collections Act and disclose that as a lawfirm they are acting as a debt-collector.
Often this tactic is used by a Foreclosure Mill Law Firm (FMLF) somehow claiming that as lawyers they aren't a debt-collection company subject to FDCPA, even though courts have ruled they are. Their claim they want to sell us all on is that they have the right to NON-JUDICIALLY attack a home-dweller and her family out onto the street by an automatic Writ of Eviction, crying "You owe us, BUT we are not obligated to prove our claim nor our injury as a debt-owner, nor our standing. As a debt-buyer we are in a special class because YOU HAVE MISSED MORTGAGE PAYMENTS and that is enough proof anyone here needs, including this court.... We are bounty-hunters and our boss is Mr. No Name ... surely no one should want to cross us or our battle axes here today."
The extent of absolute convolution, legalese doublespeak and breakdown of logic and language can make one dizzy -- we have learned to handle the seasickness -- we are seasoned sailors by now, through this malevolent storm.
See blog post on borrower rights under our promissory notes, citing to the UCC governing these notes which are "negotiable instruments." These "mortgage-servicers" also collect fees to run their operations with the carrot on a stick being the big payout when the property is foreclosed at auction. Loan modifications are completely DE-incentivized by the business model at work.
The "creditor" name they put forth is NEVER PROVEN as the current injured party and owner of the debt. Courts may decide to rule as if this party appered and proved its injury - but it never does because it is not the injured party. In fact this phantom doesn't exist OR it evades proving what it can't and courts let them get away with a charade. This is no mystery anymore. All evidence exhibited into courts of law throughout our country bear this out. (see Neil Garfield's blog now a decade strong : https://livinglies.wordpress.com)
Does the borrower then unjustly "receive a free house?"
We answer with another question: "In the event of a void foreclosure, would not the totally unproven and apparently rogue third-party debt-collector for an apparent phantom stranger to the transaction unjustly receive a free house -- our have stolen our family's very home?" We all know that any" borrower-homedweller" has paid out in down-payment, monthly payments made, maintenance and sweat equity most likely, taxes, insurance , loan closing costs etc. There is never a "free house" to the homeowner and "borrower." But what of a debt-collector who is a mortgage-servicer? Did they pay "pennies on the dollar" for the "right" to collect on that note? If so, the law says they must disclose it and comply with federal law governing "debt collectors." If any true prior "sources of funds" has long since collected bailout money and/or been made whole by "credit default swaps" or other means, does not this explain why it is ONLY these 'mortgage-servicers' remaining making claim? *
See ANALYSIS page on this site for more expert commentary by professionals. The greater schematic and algorithm appears to be that: TBTF (too big to fail) banks and others on the inside who hedged their bets, cashed in on credit-default-swaps or sold to unsuspecting buyers rely on these mortgage-servicers to substantiate the claim that a "deadbeat homeowner" needs to pay up or move out, to perpetuate a verifitable "Ponzi scheme" in which theft of real property - our very homes - supports this abomination of unjust injury.
*We now understand upon study that actually "borrower-signature" created
the loan proceeds quite "out of thin air" and admittedly so -
it is a fundamental of bank lending in a debt-based financial system,
but this is outside the immediate topic here.
First, assess what we are grappling with: We conclude that the two-part Note and Deed of Trust instruments, both, constituting the "loan" are VOID by operation of LAW. We believe both as void has been proven by law and logic. A brief SUMMARY describing the crux of the arguments for both proving to be void instruments are:
1) Re: the NOTE, our attackers claim that ownership of the Note tracked by the MERS database and that hiding the identity of a debt-owner is fair game and that debt-collection and foreclosure may be conducted under the MERS name with no further disclosure of identify of parties making claim.. [NO, contract void ab initio, we never waived our rights under Constitution, UCC Article 3, rules of contract law , no "meeting of the minds," unconscionable adhesion contract with non-disclosures, failure to obtain consent to morph our residential loan note into a security traded by unknown parties rendering total ambiguity of a party opposite borrower on any given day, borrower never contracted with MERS = failure to contract = void contract, and finally Note has only sole signature of borrower, and no consideration or proof thereof made in first person by the party opposite borrower. ]
2) Re: the Deed of Trust, another unconscionable adhesion contract is a Confession of Judgement improperly executed (CalifCodeCivilProc 1132-34); and contract void ab initio due to some of the same conditions above for the note, with the additional proof that a summons into Unlawful Detainer Court after trustee sale is evidence of the failure to contract ab initio along with undisclosed unconscionable adhesions which failed to obtain consent of the borrower = no meeting of the minds.
This is not an exhaustive list of fatal defects of Note and Deed of Trust (or Mortgage) documents.
Yet we still have a controversy; because judicial and executive branches have too often been overwhelmed and otherwise compromised by the tidal wave of lawlessness confronting them betwixt them and this 4th branch of government known as "administrative agencies," at the federal and also state level, of so called experts who are not elected by We the People. I'm of the generation that I thought the 4th branch of government was supposed to be the Press! Once upon a time it was. And were it not for independent media and the internet we would have lost that too! When it comes to non-judicial foreclosure procedures - what "expert" was considering Main Street America in this rubber-stamp scheme structured to evade rule of law? Apparently no one from Main Street sat on that committee. Cui bono? Apparently various special interests in the business of streamlining foreclosures -- that's who benefitted. We the People have a report card to submit to our government -- where do we send it?? Some of us want to not only let others know "our stories from the trenches," we insist on that feedback forming part of reform in policy -- where and how do we the people contribute to this reform process? We are capable of a seat at the table -- certainly if we were at the early table we would never have consented to much of what did get a rubber stamp of approval, thus avoiding much harm to the public at large. It is all too evident now that harm-MAKING was the intent: proof is in the pudding.
"Sometimes you put walls up
not to keep people out,
But to see who cares enough
to break them down."
STARTING POINT TO A PROPOSAL FOR EQUITABLE REMEDY: Draft and incomplete: Part of a constellation of concepts braided together and aimed at intended outcomes towards both short-term and longer-term compromised resolution amongst all parties who are part of We The People:
For home dweller and household to secure her Right by Law, an equitable and fair COMPROMISE should be reached wholly apart from void documents (Note & Deed of Trust) wherein BOTH the "borrower" together with the debt-buyer third party "mortgage-servicer" should unite in application to the Department of Justice who collected massive fines from the source-banks, i.e. the "Too Big to Fail" banks -- and disperse an equitable settlement to that "mortgage-servicer," who is actually demanding rights by way of a VOID contract of which no rights and no right to debt-collection exist. Borrower retains lawful possession to primary residence dwelling and lawful title -- in some properly mediated settlement: if it is found the homeowner owes a remaining valid debt to some entity absent any remaining ambiguity, then the homeowner wants to pay the affordable reasonable and responsible sum -- and retain dwelling and property. Those fines from TBTF were in lieu of criminal prosecution and indictments -- they were hefty fines! In the multiple Billions -- the Department of Justice and appropriate agencies who collected those fines should PUBLICLY COMPLETE THE CIRCUIT with the mortgage-servicer! Eviction and destitution on the streets should NOT be the price to our local and national economy and to society as a whole, to satisfy a business model broken by ill-will and theft by fraud. The mortgage-servicing industry needs to disclose that some of those fines funneled into DOJ are THEIR "loot" and just due -- we on Main Street have had more than enough of being looted.
Even in this draft proposal we come away far short of a "free house:" We propose to pay as payment is due. WE RESTORE DIGNITY AND FAIRNESS BY A RETURN TO THE RULE OF LAW. Proposal(s) from We the People on Main Street aim to thwart this crushing of the working people and small business owners who together ARE the backbone of our economy and functional society. We the People say NO to a financial and material civil war amongst ourselves: Employees, administrative staff, board of directors, investors and even some of the CEOs of mortgage-servicing companies and foreclosure-driven law firms and enterprises are overwhelmingly members of the same body-politic, i.e., We the People. Therefore, as such we are called to wake up and educate ourselves, then take appropriate action. Our Republic is under siege on our watch.
As stated throughout this writing, clearly a reasonable and righteous conclusion of our conditions should result in a loud "No, We the People do not consent to denial of our Constitutional rights under that Supreme Law of this Republic and under Natural Law, and waive none."
*Maxim of Law: "When a (wo)man has possession
as well as the right of property,
he is said to have jus duplicatum -
a double right, forming a complete title."
We do not love litigation! Far from it - it has been the most debilitating, draining, damaging, difficult and daunting undertaking amidst deception, non-disclosure, clever word magic known as "legalese," and other unconsciounable adhesion language. Add betrayal by all three attorneys ever hired and it can be a heartbreak - the great American heartbreak. Prolonged litigation cost me a successful healing practice of many years to many regular cherished clients in this community. It has cost strains in family relationships, financial and health. We can not measure it. It is difficult to describe the injury of seeking litigation against the "foreclosure machine" to simply protect and defend our rights to lawful constitutional rules of contract and to retain basic dwelling and to avoid financial destitution affecting multiple generations, neighborhood and community.
So, now that a great wake up call has long-sounded for many of us, especially since the 2008 global financial crisis, and some but not all of us have realized that policies and practices of our governmental bodies have routinely gone wholly in violation of our Constitution, we recognize the folly and we must and do withdraw consent for this deathblow of wrongs. It is lawlessness and grave wrong when a nation's government violates its own supreme law of its land and not only refuses or resists correction but departs further to any resemblance to a nation of laws. This law is known: we can start with the Constitution and Bill of Rights; these have not disappeared! And include Declaration of Independence as foundational. This is both the heart of the problem and of the solution simultaneously: we need return to the Rule of Law and to the organic original Constitution as it is written - and to bring all practices and policies into compliance which currently violate it - in all three branches of the Republic. Were we do to this, most of this nation's problems will swiftly become stories of solutions and remedy!
We have arrived to a moment where adherence to the nation's own Rule of Law is considered "revolutionary," even though this Republic was founded on them! But that is wholly backward and incorrect view: if RETURN to Rule of Law that complies with a nation's OWN foundational supreme laws is such a vastly "revolutionary" act, then in truth some type of insurrection has already occurred to cause the diversion, which would appear to be the past-tense insurrectional or even treasonous acts that bring us now so far from the intended outcomes of an imperfect but MUCH more perfect codification of conduct and relations amongst individuals -- i.e. codified in clear words in our Constitution with its Bill of Rights without which ratification would not be allowed by the common people ["Congress shall make no law abridging .. the inalienable (God-given) rights to ....."] and even especially the principles of Liberty and Self-governance articulated in our Declaration of Independence.
Those be inspired words.