WildBill

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About WildBill

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  1. Nice to see Shills like Prosay and 2nd time here trying to discredit what many of us already know, having witnessed others Win their foreclosure cases. They work for the other side folks, and thats why theyre here, not to help. Far as their question goes.. One tactic, if confronted with a foreclosure, is to elect mediation or an evidenciary hearing, to request the title evidencing ownership, or lack thereof.. At the mediation, simply demand the Assignments, i.e., the Assignments which would cure the problem (according to Judge Riegle’s March 31, 2009, opinion, as affirmed by Judge Dawson on December 4, 2009). MERS and/or the lender has been unable to produce any such Assignments — because they almost certainly do not exist. On September 25, 2009, R.K. Arnold, the President and CEO of MERSCORP, Inc. — the parent corporation of Mortgage Electronic Registration Systems, Inc. was deposed in Alabama. Arnold is also an Officer of MERS. Arnold admitted MERS does not have a beneficial interest in any mortgage; does not loan money; does not suffer a default if monies are not paid; etc. etc. The lender who is foreclosing on you is not the lender on your deed of trust. This is ok if all the proper assignments are recorded. Of course, the lenders set up MERS and very few loans have the proper chain of title. If this has happened to you, then you need to consider getting a Securitization audit to track the deed of trust, and to track the note. Here's one of the key reasons why homeowners are now demanding a Securitization Audit. It is a new day. The Homeowner had first the laws of TILA, RESPA, HOEPA and ECOA on his side – and Forensic Audits proved that the banks lied to the homeowners when they gave the loans. But now again, they lie when they foreclose on his home. There's an audit to empower homeowners with the laws of the land once again. That's the Securitization Audit. Was your foreclosure started with just your note? Did they fail to include the deed of trust? Did the lender who started the foreclosure own both the note and the deed? Again, if these two documents are not properly recorded, kept together and utilized by the rightful owner, then you could be suffering through an illegal foreclosure. A securitization audit is the way to find out. I think a good strategy is to Show the 'lender' a forensic loan audit and a securitization audit and watch him start to finally negotiate. You may even find that your foreclosure just sort of "disappears". Put the ball back in your court. Is it possible to win against these big lenders? Yes, the homeowner listed below won a suit against Chase and the Judge BARRED the bank from coming forward again to try and foreclose. The Pretender Lenders have now tried to use all the major parties and some of the minor parties in foreclosures and when tested have failed to prove standing. Standing is a jurisdictional matter and it basically boils down to “You don’t belong here, you have no rights to enforce, you have no interest in this litigation, so get out of here and don’t come back.” They tried MERS, Servicers, Foreclosure Specialty processors, Trustees, originating “lenders” and they come up empty. why because they are all intermediaries and as Judge Holloway put it, the note is not payable to them, the mortgage does not secure them, the obligation is not due to them and therefore they can’t proceed. In non-judicial states they get around this requirement unless the homeowner brings suit. Bottom Line: These banks lie and fabricate documents to put them in a position to win. Don’t let them. If you are sick and tired of fighting the bank and their seemingly endless supply of tricks don’t give up. JP Morgan Chase Bank, N.A. v George Accordingly, it is ORDERED, that the order to show cause of defendant IVY MAE JOHNSON, to vacate the January 16, 2008 judgment of foreclosure and sale for the premises located at 47 Rockaway Parkway, Brooklyn, New York (Block 4600, Lot 55, County of Kings), pursuant to CPLR Rule 5015 (a) (4), because plaintiff, JP MORGAN CHASE BANK, N.A., AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-AR4, lacked standing to commence the instant action and thus, the Court never had jurisdiction, is granted'
  2. This is THE Transcript of her case....Read the Railroad job and violations of Due Process. http://adask.files.wordpress.com/2009/08/090811-2009-07-20-baran-hrg-b4-rouse-hnk.pdf That is why its under appeal. The Judge should be disbarred and may when she is done with him.
  3. The mortgage loan applicant has to put a certain amount of money down on the loan. Those funds are delivered to the mortgage lender, which is a bank. Through the legal yet unlawful practice of fractional reserve lending, the bank utilizes its franchise to create credit by making a double entry accounting record as follows: a mortgage loan is created that is 10, 20, or 30 times the amount of the down payment deposited. This is recorded as an asset, which is a debit. A corresponding liability is created for the payoff to the seller that will occur at closing. This is a credit. The bank is in compliance with the minimum reserve rules because it obtained a down payment. Now the funds have been created through the fiction of fractional reserve lending. The mortgage applicant did not create the credit. The credit was created pursuant to the special rules for the banks that allow them to create credit from nothing. The security deed and note actually fail due to lack of consideration. The mortgage lender did not actually lend its own money (so they are not lawfully entitled to interest on it). The closing documents state that a loan was made, but the mortgage lender did not part with any of its cash that existed prior to the loan application. Rather, it used a statutory law to create new credit. The seller was paid with bank credit that eventually got to his bank account. So if one is contesting a mortgage, I believe one should attack the fraud in the security deed and note, that being that the mortgage lender actually gave no consideration in exchange for the promise to pay, so the agreement fails for lack of consideration. This is also a good cause for the borrower to revoke the power of attorney granted in the security deed.
  4. The essence of “foreclosure-gate” is that the banks that made the original mortgage loans have in many, perhaps most, maybe all instances of mortgages issued over the past 10 to perhaps 20 years, SOLD the original note and/or mortgage to a third party. Once the bank sold either the note or the mortgage, that bank has no more standing to foreclose on a particular house than I do to drive a car I sold to someone else five years ago. The banks have been foreclosing on properties without legal authority to do so. Not a few properties. Hundreds of thousands. Maybe 1 to 2 million. This is not a paperwork error. This is fraud and a massive, industry-wide criminal conspiracy that will put some of very rich, greedy bastards in prison and some others in the morgue. This fraud not only involves bankers and lawyers and judges (Ohh, my!)–it involves your government which passed laws to allow this fraud to take place. Your government is complicit in stealing your home. Evidence of governmental complicity is seen in the fact that 40 state attorney generals have begun a coordinated investigation of the foreclosure fraud. Banks like JP Morgan Chase have suspended foreclosure procedures in all 50 states. The problem is not isolated. It is systemic. It is institutionalized. It couldn’t be this big without government complicity. More, when the original lenders sold the note/mortgage, they apparently sold it for full face value. That means that if you borrowed $200,000 to buy/build a new home, the bank probably sold your note/mortgage for $200,000 just as soon as you walked out of the bank. That means that the bank that loaned the $200,000 was PAID IN FULL on the principal of the loan before you made your first monthly mortgage payment. Thus, the bank not only has no legal standing to collect on your note or foreclose if you default, they have no moral standing to collect/foreclose. And yet, the bank continued to collect mortgage payments from you–perhaps for 20 or 30 years–after being paid in full on the principal within the first hours or weeks of negotiating the loan. The bank was seeking to be PAID TWICE for the loan: Once, when they sold the loan to a third party; and again, over the course of the next 20 to 30 years as YOU paid off the $500,000 balance on your $200,000 mortgage. The 3rd party that bought your mortgage apparently used it as a security in a bank vault which, under fractional reserve banking, allowed the third party (usually another bank; frequently a foreign bank) to lend ten or more times the face value of YOUR note/mortgage to its customers. Thus, the 3rd party owner of your $200,000 note/mortgage/security could lend $2 million per year. If they charged 10% interest on these loans (and they probably got that much or more up until the last 2 years), they could net $200,000 a year in interest on the $2 million in loans based on having purchased YOUR $200,000 note/mortgage. Thus, for a $200,000 investment (buying your note/mortgage), a 3rd party bank might be able to generate a $200,000 annual “profit” (interest). That’s a 100% Return On Investment (ROI) in a world where mere mortals hope and dream of getting an 8% ROI in the stock market. And why is the 3rd party bank able to generate such extraordinary profits? Because YOU signed a note and/or mortgage. YOUR SIGNATURE made your note/mortgage worth $200,000. Get that? YOUR SIGNATURE was worth $200,000. More, note that while you are paying maybe $15,000 a year to pay off your mortgage for 30 years to a bank that has no standing to collect the debt, the 3rd party bank might be making $200,000 a year off YOUR SIGNATURE. The 3rd party bank is potentially generating an annual profit equal to the price of your home every freaking year for the life of your mortgage/note. In theory, over the life of a 30 year mortgage, the 3rd party bank will use YOUR SIGNATURE to generate enough profits to pay for THIRTY homes just like the one you’re trying to buy. In theory, over the life of your 30 year mortgage, YOUR SIGNATURE might generate enough profits to pay for THIRTY homes just like yours–and you’re not getting even one of those 30 homes for free. Instead, you’re paying $500,000 over 30 years for your $200,000 home. Given that your bank is being paid at least twice for your mortgage, and the 3rd party bank could be generating profits equal to 30 times the price of your home–where is your MORAL obligation to continue paying on your mortgage? Finally, while the foreclosure fraud scandal is growing, the problem is not limited to just those homes that are in foreclosure. The larger truth appears to be that the banks have sold the notes/mortgages on ALL of those homes that are current on their mortgage payments. This means that the banks probably don’t have standing to collect ANY mortgage payments. But it gets worse. Because those notes/mortgages have been reportedly “sliced and diced” into “derivatives” it may be impossible to find any of the notes/mortgages. This raises the extraordinary possibility that the chain of title to all of these millions of American homes may be (as one judge reportedly said) “irretrievably broken”. This might mean that there is NO TITLE to millions of American homes. The legal implications are huge. If the titles to millions of homes no longer exist or are at least clouded, who would buy a home in this market? It’s like buying a new Cadillac from some guy on the street for $1,000. It’s one helluva deal, but you can’t get a title to go with the car. You know damn well the car is stolen. Will you pay even $1,000 for a car without a title? Not if you’re smart. Same thing with homes which have clouded or non-existent titles. Thus, as evidence of the massive fraud underlying “foreclosure-gate” reaches American consumers, home sales and home prices should fall dramatically. Former Federal Reserve Chairman Alan Greenspan addressed the Council on Foreign Relations on September 15th and advised that the American economy was slowly “recovering” and that there was cause for cautious optimism–unless the price of homes fell further. Greenspan apparently sees home prices as the US economy’s lynch pin. Well, since September 15th, the foreclosure fraud has begun to receive national, mainstream media attention. Buyers are increasingly reluctant to buy homes whose titles are “clouded”. Sellers are forced to sell (if they can) for lower and lower prices. If Greenspan’s warning to the CFR (that housing prices are the economy’s lynch pin) was correct, the current foreclosure fraud scandal may be enough to precipitate the COLLAPSE of our national economy. And it’s conceivable that such collapse might happen very suddenly. It strikes me as a virtual certainty that major banks and lenders like JP Morgan Chase, GMAC and Bank of America are likely to be destroyed by an avalanche of litigation and criminal charges. The same financial institutions that were “bailed out” with billions of dollars in A.D. 2009, may be destroyed by the consequences of their own fraud. The impact on the economy may be devastating. The criminal fraud that’s been perpetrated by banks, lawyers, judges and government over the past 10 to 20 years may be about to cause a national calamity of a magnitude unseen since the American Civil War. Bear in mind that much of what I’m writing is conjectural. Some of what I’ve written will probably turn out to be mistaken. In some regards I may have exaggerated the problem and consequences, but in others, I may have understated. We are just beginning to get a handle on this problem. However, awareness is growing exponentially. Just a month ago, the problem was barely in the news. Only a handful of people (like Donna Baran who’s been on my radio program several times) had any idea of the problem’s extent or fraudulent foundation. The news and awareness is spreading like wildfire. Like most Americans, you might not understand this problem today, but over the course of the next few weeks, you’ll probably see so many reports and allegations in the mainstream news that it’ll be impossible for you to remain uninformed or indifferent to “foreclosure-gate”. By the time the November election takes place, you, and most other Americans, may be SCREAMING for retribution against bankers, lawyers, judges, and politicians responsible for allowing the banksters to systematically rob the American people. In fact, it’s not impossible that the only way the bankers et al may be able to keep the funds they’ve stolen and escape retribution is to intentionally cause an economic collapse that is so severe that the criminals can escape in the resulting chaos."
  5. Turns out, Donnas case has Re opened in the lower court. And case is active and pending in the Supreme Court in FL. Not all parties were served, a huge court violation, so Judge will likely be recused, and the case will be overturned! He will be the 3rd Judge dismissed from the case for improper procedures. I would not bet against Donna, and all of her valuables will have to be returned to her by the Banksters, along with her home, and her counter claims hopefully awarded to her. Her issue was Subject Matter Jurisdiction, Evidenciary hearings and wet copy of her mortgage, note, (Marked Paid in Full) And Title. And who again is the Shill?
  6. Its exactly the problem we have, and even worse..and the nutjobs are those like you supporting the system at hand, and worse, Shilling for it. The debt is paid for, At Closing, with our signature. The debt is then sold, banks are able to loan more money, and we are billed for a debt we just created with our signature and actually paid for, and pay it at interest, 2-3xs the amount of the money created. "It is well enough that people of the nation do not understand our banking and monetary system, for if they did, I believe there would be a revolution before tomorrow morning.' -Henry Ford
  7. The Mortgage and Banking Industry is Ripe with Fraud, Bailouts and Bonuses. Donna Baran and others like her, exposed them and their fraud. If fighting a fraudulent foreclosure is a deadbeat, so be it. Props to her. MSNBC: ”This crisis is all about fraud . . . . There were millions of acts of fraud. . . . this corrupt banking system . . . .” Fraud is criminal. The Fraudclosure scandal involves the institutionalized theft of millions of American homes and the injury and/or destruction of millions of American families. When “fraudclosure” is fully understood. Banks will fail. The federal government and the Federal Reserve will be implicated, tainted, and discredited. In truth, the current foreclosure fraud scandal is exposing a massive, criminal conspiracy between bankers, lawyers, judges and even congressmen and presidents to rob the American people, loot the economy and destroy the nation. In this foreclosure fraud we are facing the same forces and the same motives as are glimpsed behind the federal government’s refusal to defend our borders. The nation is being destroyed by its own government. And that tragedy may make your cry. Given that Ron Paul has already moved to “End the Fed,” the coming revelations concerning “fraudclosure” may be sufficient to finally precipitate the Federal Reserve’s demise.
  8. You will be on the phone for hours at a time, trying to get through customer service. You will be hung up on, transferred to the wrong department, or perhaps somewhere in India or the Phillipine 'call center' only to be told to send or fax in paperwork. You will call back a week later asking if they recieved it and they will tell you they never got it....and they you start the process all over again. Been there, done that. I had Several rental properties, all under water, all in depreciating markets. Screw them before they screw you and dont waste your time. Keep the property as long as you can and fight the FC, answer and have a defense. Lots of good ones out there or I can recommend some sources for you..
  9. Contractually it seems unlawful for them to collect on debt when they violated the law, as indicated by the class action Id like a REAL attorney to weigh in, not a rent one, like the many here that check in to tell it like it aint..
  10. Can this be used in a defense? Citi Credit Card Customers May Benefit from Class Action Lawsuit By LowCards.com | Last updated Sep 15, 2010, 5:04 pm If you had a credit card account with Citibank between May 5, 2002 and May 24, 2010, and your interest rate was increased as a result of a default or delinquency, you could get a payment from a class action settlement. A proposed class action settlement has been reached in a lawsuit brought against Citibank involving increases to the interest rate on Citibank credit cards due to delinquency or default. (Note: the name of the case is Hoffman v. Citibank (South Dakota), N.A., Civil Action Case No. SACV 06-571 AJG [MLGx]). Plaintiff Laura Hoffman filed a lawsuit in California against Citibank, alleging that it improperly raised interest rates due to delinquency or default without providing prior notice. Citibank said that cardholders were given notice in their credit card agreements and denied all allegations of wrongdoing and liability. According to the notice from the Honorable Andrew J. Guilford, United States District Court Judge, the proposed settlement reportedly provides that Citibank will establish a settlement fund of $10 million. The court is scheduled to hold a class action settlement hearing on December 13 to decide whether the settlement should be approved. Citibank settlement class members may receive a check for the lesser of $18 or an equal share of the settlement fund after payment of settlement costs. These costs include attorneys’ fees and payment to the plaintiff. Any amounts left over will be paid to charity. All Citibank credit card customers who had their interest rate increased as a result of a default or delinquency during this eight-year period may be eligible to take part in the settlement. To be entitled to a payment from the settlement fund, you must mail in a claim form by February 11, 2011. Claim forms are available at http://www.casenosacv06571.com or by writing to: Hoffman Claim Form Request, PO Box 44007, Jacksonville, FL 32231-4007. You may download a copy of the Notice of Proposed Class Action Settlement and Hearing at: http://www.casenosacv06571.com/docs/notice.pdf Further details of the case can be found here: http://www.judicialview.com/Court-Cases/ADR/Citibank-Credit-Card-Class-Action-Waiver-Conscionability-Considered/Opt-Out-Provision-May-Enable-Arbitration-Provisions/4/5135 LowCards.com ( http://www.lowcards.com ) simplifies the confusion of shopping for credit cards. It is a free, independent website that helps consumers easily compare credit cards in a variety of categories such as lowest rates, rewards, rebates, balance transfers and lowest introductory rates. It also gives an unbiased ranking and review for each card. The LowCards.com Complete Credit Card Index ( http://www.lowcards.com/CreditCardIndex.aspx ) is the most objective and comprehensive resource on the Internet which allows consumers to compare rates for over 1000 credit cards offered in this country. Created by Hampton & Associates, the company has been analyzing the credit card industry and supplying objective websites on various consumer expenses for ten years.
  11. Short sales are for idiots. Bad advice but figures from the resident shills here... The Lender will give YOU the 1099 for the deficiency between the sold price and what was owed on the note-can you say tens of thousands of dollars? Then you got the IRS on your back. Better to keep you money, fight the FC and stay 7-12 months in the home, at least. The only person that wins in a short sale is the new buyer and lender. Screw them before they screw you.
  12. Read the Donna Baran thread.... Produce the Note, as a strategy will work, but it is only part of what the overall strategy is, knowing your rights, and then asserting them. The Courts are corrupt, but there are lots of defenses. And theres Lots of shills on here, so beware of them.
  13. 'Some people think the Federal Reserve Banks are US government institutions. They are not. They are private credit monopolies which prey upon the people of the US for the benefit of themselves and their foreign and domestic swindlers, and rich and predatory money lenders. The sack of the United States by the Fed is the greatest crime in history. Every effort has been made by the Fed to conceal its powers, but the truth is the Fed has usurped the government. It controls everything here and it controls all our foreign relations. It makes and breaks governments at will.' - Congressman Louis McFadden
  14. A friend of mine, now deceased, wrote this. Heres a preview. There are two kinds of federal taxes, only two: direct and indirect. There is no third kind of federal tax. The law - the Constitution - says that all federal taxes must be one or the other. Indeed, in Stanton v. Baltic Mining (240 US 103), the same judges said the same thing and added that their previous ruling, in Brushaber, created "no new power of taxation." Nothing had changed since the Court ruled the income tax unconstitutional in 1894, in Pollock v. Farmers’ Loan & Trust (158 US 601). The trouble with the tax today is that our friends at IRS are administering it illegally as a direct tax.' Feel stupid yet?
  15. Is that the best you got? Youre arguing that our Unconstitutional taxes, are indirectly imposed? Another government boot licking shill....lots of them here on this forum. IRS, Federal Reserve, Declared Unconstitutional to Apply Income Tax Chris Carucci '[bThe Income Tax is a Direct Tax that is Not apportioned, meaning spread amongst the people. The Constitution states that there be No tax that is direct and not apportioned. Income as defined in Slaughter-House Cases, supra; Jacobson v. Massachusetts, 197 U. S. 11; Giozza v. Tiernan, 148 U. S. 657, 148 U. S. 662; Mugler v. Kansas, 123 U. S. 623, 123 U. S. 663; Barbier v. Connolly, 113 U. S. 27, 113 U. S. 31; Kelly v. Pittsburgh, 104 U. S. 78, 104 U. S. 80; Davidson v. New Orleans, 96 U. S. 97 shows that the Supreme Court has decided on various occasions that labor is considered PERSONAL PROPERTY. The rulings of these have substantial ability to rule out claims in which the income tax, a tax on labor, is unjust in regards to Supreme Court decision listed above, as labor is clearly defined in the Supreme Court as is Income, the former(labor) being an exchange of services. The latter (income) being corporate gains or profits. Further, in Coppage V. Kansas, within the ruling of said case "Chief among such contracts is that of personal employment by which labor and other services are EXCHANGED for money or other forms of property." In MERCHANTS' LOAN & TRUST CO. v. SMIETANKA, 255 U.S. 509 (1921)the Supreme Court ruled that "There can be no doubt that the word must be given the same meaning and content in the Income Tax Acts of 1916 and 1917 that it had in the act of 1913". Which again did not apply 'íncome' to personal labor, which was considered an exchange. A Former I.R.S Commissioner stated that '..within the courts these (IRS's) arguments have a 100% chance of being shot down.." And in fact, they are, as nearly 57.5 million citizens dodged their income tax without incident. In fact, the 1040 form is unconstitutional as you can be prosecuted for its contents, a breach of the 5th Amendment which clearly states that "..nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.." You cannot be held liable for not filing, as it would breach your constitutional right to self-incrimination. the Income Tax is a Direct Tax that is not apportioned, meaning spread amongst the people. The constitution states that there be no tax that is direct and not apportioned. You may ask how we will pay for Government programs and defense without the income tax, or road ways. The list of government taxes are as follows. Accounts Receivable Tax Building Permit Tax Capital Gains Tax CDL license Tax Cigarette Tax Corporate Income Tax Court Fines (indirect taxes) Dog License Tax Federal Income Tax Federal Unemployment Tax (FUTA) Fishing License Tax Food License Tax Fuel permit tax Gasoline Tax (42 cents per gallon) Hunting License Tax Inheritance Tax Interest expense (tax on the money) Inventory tax IRS Interest Charges (tax on top of tax) IRS Penalties (tax on top of tax) Liquor Tax Local Income Tax Luxury Taxes Marriage License Tax Medicare Tax Property Tax Real Estate Tax Septic Permit Tax Service Charge Taxes Social Security Tax Road Usage Taxes (Truckers) Sales Taxes Recreational Vehicle Tax Road Toll Booth Taxes School Tax State Income Tax State Unemployment Tax (SUTA) Telephone federal excise tax Telephone federal universal service fee tax Telephone federal, state and local surcharge taxes Telephone minimum usage surcharge tax Telephone recurring and non-recurring charges tax Telephone state and local tax Telephone usage charge tax Toll Bridge Taxes Toll Tunnel Taxes Traffic Fines (indirect taxation) Trailer Registration Tax Utility Taxes Vehicle License Registration Tax Vehicle Sales Tax Watercraft Registration Tax Well Permit Tax Workers Compensation Tax In the words of one of our forefathers "If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around them will deprive the people of all property until their children wake up homeless on the continent their Fathers conquered." - Thomas Jefferson