Who is the BOSS of the Note???
In violation, therefore, of Universal Natural Law, the Black-letter requirements of Contract Law, the Law of Negotiable Instruments (UCC which has been adopted by each State), Truth-in-Lending laws, RESPA (Real Estate Settlement & Procedures Act), due process clauses in the Bill of Rights in the United States Constitution, CACivCodeProc 1132-1134 CONFESSION OF JUDGEMENT, statutory law and AND other applicable case law notably in California Supreme Court's game-changing ruling in YVANOVA v. NEW CENTURY MORTGAGE CORPORATION, et al; 62 Cal.4th 919 (2016), 199 Cal. Rptr. 3d 66, 36545); and
SEVERAL State Supreme Courts have ruled that "MERS" never takes ownership of the debt/NOTE and therefore can never convey what it does not hold, AS WELL AS RECENT Delaware and Florida State Supreme Court rulings that standing to enforce the Debt/Note by way of valid assignment/transfer OF THE NOTE OR THE DEBT ITSELF is required to foreclose, and that an Assignment of Mortgage / Deed of Trust ALONE is insufficient and fails to prove standing to take ANY adverse action against borrower/homeowner; and in contravention of hundreds of years of case precedence and traditional business practices of title transfer of real property; our Notes were "converted" into an unrecognizable new form in post-1998 "securitization on Wall Street", obliterating and violating UCC Articles 3 and 9 protocols for "negotiable instruments" as well as masked deep damaging harm into the Deed-of-Trust: "borrowers" were contractually-adhered at signing deemed with legal status of a party in interest subject to a slate of asserted "unconscionable" adhesions on the unilateral and sole-signatory Deed of Trust, the end result being soundly argued Contract-Void-Ab-Initio (the contract was invalid from its very origination, by law.).
This all funnels nicely however, into a sharp point: WE CALL INTO COURT THE "Boss of the NOTE! Not merely the Assignee of the Deed of Trust / Mortgage, which is the secondary trailing-edge HALF of the "loan" contract. The leading primary and CRITICAL HALF of the "loan" contract is the Note -- the "debt instrument." So ... who bought that? Where are they?
And most importantly WHY HAVE THEY UTTERLY FAILED TO APPEAR INTO THIS CASE?! Where is proof of their purchase transaction? As soon as this entity appears and proves their purchase, we can negotiate and settle with this party! No, Objection your Honor! Attorney's statements are hearsay and attorney is NOT a fact witness to the matter -- WHERE IS THE MANAGEMENT-LEVEL EMPLOYEE OF THE ACTUAL PARTY OF INTEREST TO WHOM I ALLEGEDLY OWE A WHOLE LOT OF MONEY TO?! Deafening silence: that party is utterly ABSENT.
Your Honor, isn't that a pretty big problem? No "LENDER or HOLDER or HOLDER IN DUE COURSE OF THE NOTE or CREDITOR or BENEFICIARY or MORTGAGEE or CURRENT OWNER OF THE DEBT / LOAN or (in bankruptcy's Proof of Claim required form) it's the "CREDITOR," defined on the face of the very POC B10 form as "the 'Person or Entity to whom the debtor owes money or property" NEVER APPEARS NOR MAKES A CLAIM INTO THE CASE! ?! Yes, really.
You would think when an entity is alleged to be suffering a financial loss of hundreds of thousands and even millions of dollars, they would make sure to show up and make their claim in court if that borrower is challenging them! But no ... makes you wonder how happy all their "investors" are who they represent! They're still acting "trustee" of that trust? Boy, they're doing a bang-up job collecting aren't they? EIGHT years and no payment here -- uhhh... are you SURE you bought THIS loan? Yes, no, OH you actually sign a letter stating that you do NOT KNOW if you own my loan. I have to ask ... who? Oh, no! Not them! ONLY Nationstar Mortgage LLC knows ANY SHRED OF ANYTHING ABOUT MY LOAN?! Hey;. they don't even know where they filed my last inquiry letter, let alone ... Ok. but lets see what they say ...(gulp!)"
There is instead a "debt-collector mortgage-servicer" who says, "Don't blame us for not having any wire transfer or cashier check receipts -- WE didn't purchase the Note, but that entity over there did and ... and ... we're here to collect for them! And we've aimed at foreclosure not loan modification because those guys, the owner of the loan did not approve a loan mod -- you can't blame us, we just work for them ... and ummmm. pay up or we'll get the sheriff to drag you out of there. Oh, wait, you're suing us?! Uggghh! How inconvenient and annoying. The words "prove" and "proof" appear wayyyyy tooo often in these pleadings. And we mortgage-services get heebie-jeebies whenever we see it."
Borrowers AT SIGNING therefore were a party-in-contract with standing to sue for breach of contract or damage. However only later, and at the seeming whim of the Foreclosure Machine entities, borrowers were subject to non-judicial dispossession of house and home via credit-bid auction and subsequent Unlawful Detainer proceeding ALL ROLLING OUT ABSENT DUE PROCESS BEFORE DISPOSSESION OF PROPERTY, with no proven Holder in Due Course of the Note, i.e. with zero appearance of a proven Owner of the Debt! Thus borrower is stripped of rights due by our true legal status, made to descend into mere "tenants" to be evicted for non-payment of lease rents, unable to challenge the lack of standing of the "landlord," who should be subject to proof of standing as the "Boss of the Note!" and owner of the debt. (YVANOVA established this.) This is an illogical, unlawful denial of rights by law to which we do not consent.
So this injurious "foreclosure machine" first decides by whim that our SIGNATURE at origination becomes THE KEY ITEM and basis of lucrative securitization frenzy on Wall Street, only to later decide again by whim that the same signatory be stripped of any contractual rights, and that their seal by signed hand is only the sad scratchings of a tenant who hasn't "paid their rent?!" What's more, that signatory, i.e. we the borrowers most often than not tried MULTIPLE TIMES to pay on a modified loan or other workout process to restore and reinstate good standing! For which taxpayer bailouts in the trillions were thrown; a damage to ALL taxpayers, while neighborhood home values plummet due to the scourge.
Or even more unspeakably egregious how's this: Wall Street insiders sold mortgage-backed securities to their clients (ahem) while shorting those same investments with "credit default swaps" insurance. Obama then announced federal programs to help "Main Street" justifying in part those massive taxpayer bailouts. BUT when borrowers inquired about loan modifications PRIOR TO ever missing a payment, those Wall Street insiders began to roll out Operation Cash-in on CDS: "Customer service reps working at mortgage-servicing companies are to instruct borrowers to 'miss 90 days of payment's in order to qualify for any federal programs!!!" After 90 days, the left hand went silent while the right hand tells us "I'm sorry you were instructed as such, but you're now in "default" and the "investor of your loan who we will never disclose the identity of" has denied you any modification. " Sorry, goodbye. Click. This incredulously is followed by a slate of documents (forged, false, fraud) appearing in our County Records, and an auctioneers gavel hitting the block.
How can we not cry "foul!" with a loud voice and insist on a redress of grievances, on fair play, and on the resilience of American families, workers and small business persons who produce the real value in our country!!
[See also blog article and "Harvard Law writes Amicus Brief finding scathing and fatal defects in MERS' business model."