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MORTGAGE [FRAUD] SECRETS EXPOSED
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If you have your original closing mortgage documents available, you’ll be able to flip through them and see what the mortgage company has done to defraud you. The two main documents that I will be referencing will be the Note and the Deed of Trust (or Mortgage). The note is commonly referred to as a promissory note. However, it is not a traditional promissory note.
The Promissory Note
The promissory note starts by referring to you as the Borrower. It talks about the borrower’s promise to pay. Following those words, it says, “In return for a loan that I have received.” After that, it says, “I promise to pay,” and then the exact dollar figure is listed. Then, the Promissory Note mentions the installment payments and interest. Then the Note says, “In return for a loan that I have received.” Then, a date is listed on that note.
The question is: When you went to the title company or escrow office and signed all the documents for your mortgage, had you already received a “loan?” That’s an important question. The note that you signed says at the very top, “In return for a loan that I have received.” What this is telling you is that you received a loan sometime before the date that you signed the note.
If you sign the note on February 12th, the phrase "In return for a loan that I have received" clearly indicates that you received a loan before February 12th.
You did not actually receive a loan before that date; in fact, you never received ANY kind of loan at all…at any time! There was no loan received or provided to you. This whole “loaning you money to buy a house” is a complete and total fraud.
There Never Was A REAL Loan…
You definitely did not receive a loan before the date when you signed a note. Did you see a cashier’s check in the mail a few days before you signed these papers? Furthermore, you didn't receive any electronic transfer into your checking account before you signed either!
When you go to the title company and sign the mortgage documents, you will see the words at the top of the note, "In return for a loan that I have received." You might think, "I'll sign this, and after I sign it, I guess I have received a loan." But that is not what the document says.
In a legal dispute about whether you received a loan before signing or believed you did at the time of signing, the side that argues based on the exact words on the signed documents will undoubtedly win. It's the words on the document that carry the most weight in this situation.
If you encounter a document stating, “In return for a loan that I have received,” and you are absolutely certain that no loan was received, there is definitely something suspicious going on. The use of "have received" in the past tense implies that a past event has already occurred at the time of signing, and this carries significant weight. In legal terms, every word and phrase holds crucial meaning and cannot be overlooked.
The words "have received" mean that the event has already occurred. If you know it didn't happen, something is wrong. Someone is not telling the truth. Who's not telling the truth?
As you scrutinize the note, it's important to note that you are the one who created it. Moreover, you also created the deed of trust.
If you closely examine the wording on the note and the deed of trust, it will begin to make sense to you. It says, “I will do this. I will do that. In return for a loan that I have received, I promise to pay. I understand this. I will do this, etc…” as it proceeds through the note.
You realize that these are statements that they have printed out for you, but you are the one who is signing the documents, so it looks like you have produced and provided these statements to them. In signing these documents, you assert that “in return for a loan that I received,” it looks like they are tricking you into signing a statement that isn’t true. You might think, “Hey, they are making me sign a statement that isn’t true; it’s a lie.” By doing this, the bank is putting the lie that you’ve received a loan into your mouth. You are the one signing it and saying it, and that gives them the privilege to say, “The borrower says and agrees that they’ve received a loan, so we’ll proceed on the basis of what they said and signed to. They signed the papers saying they’d received a loan. We’ll go ahead and behave as though they did receive it, and we’ll require them to make payments.”
This transaction is clearly unfair. Even without a loan, you are still obligated to make monthly payments to the bank for the next 30 years.
The Seller Got Paid Money, Right? Where Did The Money Come From?
The next question that comes to mind is, “If no loan was provided, where did the money come from to pay the seller of the house? The person I bought the house from got paid. Where did the money come from?”
This is where the whole “loan process” gets interesting. We’ll compare what happens in a normal real estate transaction with an analogy.
Let’s say that I advertise my car for sale. I’m still driving my 1999 Honda Civic, even though it has 120,000 miles on it. You know about Hondas, they run for a long time. So, I put it on Craigslist for $2,400, hoping that I could sell it for at least $2,000.
You see it advertised. You come over and take a good look at the Honda. You offer me $2,000. So, I say, “That sounds great. We have a deal.” You tell me that you would like to pay by check, “Is that a deal?” I say, “Sure, I understand. People don’t walk around with $2,000 cash all the time. You can write me a check.”
However, I’m not going to let you take the car until the check clears.” You say, “That’s fine.”
We are both in agreement. Once you write me the check, I will provide you with a receipt to safeguard your end of the deal. After receiving the check, I will deposit it into my account, withdraw some funds, and leave the remainder in my account.
Within a couple of days, you check your bank account online. You see that there is $2,000 less in your bank account. Furthermore, I can see that there is $2,000 more in my bank account. Your check has cleared. That means you’re going to come and knock on my door. We both acknowledge that the check has cleared. You say to me that it’s time for you to take the car and the title.
But I say to you, “All right, I’ll give you the keys to the car, but I’ve decided to change the deal. I’m not going to transfer the title over to you. You can take possession, but I’m not going to actually give you the title to the car until you pay me $45 a month for the next 20 years. How do you like that?”
That’s crazy you think, that would never happen to anybody. No one would ever agree to that.
Every day across the country, thousands of mortgage transactions involve bankers and escrow officers writing loans and making borrowers enter into unfair arrangements. One exception to this is the car buying scenario, where disclosure is required.
I want to remind you of our previous conversation when you picked up the car. We both agreed that the full payment had already been made. This is the key difference between this car sale and a mortgage loan arrangement.
The lender is not disclosing that there actually isn’t any lending going on. They’re not telling you that the note you signed is NOT a promissory note. It is actually a cashier’s check or bank note, when you look at how it is structured.
When you sign your name on the note and give it to the lender, here's what happens: the lender treats the note as if it were a cashier's check or a personal check and deposits it into their bank account as if it has been fully paid. On the back of the original note you signed, the banker stamps "Pay to the order of" and deposits the note as cash into the bank's account.
The banks consider these promissory note documents as negotiable instruments and handle them as they would a cashier’s check or a cash deposit. When you sign the promissory note at escrow, it becomes a cash deposit for the bankers when they deposit it into their account. As far as the bank is concerned, you have paid off your house with cash by signing that promissory note.
How The Bank Treats Your Note On Their Records
In a fractional banking system, for every dollar that is deposited in a bank branch, the bank has the ability to issue $10 of credit. Your cash deposit (the promissory note you signed at escrow) creates an asset that the bank can use.
Think of depositing a $250,000 note, which means $2.5 million to the bank. It's a great deal for them, not for you.
The bank intentionally withheld the fact that when you arrived at the escrow table to sign the paperwork, the "payment in full" had already been made by you. You were deceived into believing that you were simply making a promise to pay when, in fact, they accepted your promissory note as full payment. You paid in full!
Under the deed of trust, the arrangement when "payment in full" was made must be honored. The bank is obligated to initiate the "reconveyance process" to remove the mortgage lien from your title. However, their failure to do so and their lack of notification regarding the payment in full is fraudulent. It essentially demands that you repay the entire mortgage again.
We won't delve deeply into how the banks sell the note and get paid all over again - a process called "securitization" (you can read about it in the FBI Documents in the website resources about Securitization) - which is another way the entire mortgage obligation gets paid again. When the mortgage note is transformed from a simple document that is signed at the beginning of the loan, you may think you're receiving a negotiable instrument, but instead, the note is deposited as cash into the lender’s bank account. This means that your promise to pay has been fulfilled. Paid in full!
(Under the current Federal Reserve System, there is no actual money to pay for anything so the Fed has authorized that bonded promissory notes/Money Orders, signed by you the “borrower”, can be converted into cash and paid to the bank. They actually get the “money” from that promissory note/MoneyOrder from the United States Treasury…but that’s another story!)
The Proof Is In Your Deed Of Trust
The proof can be found in the language of the deed of trust, clearly stated on the second page.
If you are in a state that does not have a deed of trust, the document is referred to as a mortgage.
The language I’m referencing starts with “Borrower Covenants.” Those words should be in capital letters. What that says is that the borrower (meaning you) covenants (gives a solemn promise) and can confirm the following fact: The borrower covenants that they are “lawfully seized” of the estate.
What does that mean? “Legally seized” means “in possession of”. You are in full legal possession of the estate. In other words, you possess the property free and clear of all encumbrances. It further explains that this borrower has the full legal right to convey and/or grant this property to someone else. That means that you can sign the property over to someone else if you want.
The question is: Can you legally give something away that you don't legally own, even if someone else owns maybe 5% of this thing? Do you have a legal right to give it away? No, of course, you don't.
You have to be legally seized of that piece of property in order to give it away. It is right there in your deed of trust; it says that you are legally in possession and legally own this property.
When you are conveying the property to the bank because the paperwork requires you to do so, it might seem like you don't already own it. The simple answer is that you do own the property, and since you are legally seized of the property, you simply signed it over to the bank.
You own the property because you signed a document called a note just five minutes before. The note was accepted as payment in full, although you may not have been informed of that. The following papers provide evidence of this. In the signing process, the note is signed first, followed immediately by the deed of trust. This order of signing is very important and is always the case.
You first pay for the property with the note. At that moment, you own the property free and clear. You have become the owner by making full payment, and now you are the authorized owner. As the owner, you have the ability to transfer the property, which you proceed to do.
I bet you had no idea that at closing, you fully owned the property free and clear. No one told you. This is basically how they defrauded you. This is how they’re able to steal your property right out from underneath your nose.
They have you sign documents that you do not know are being treated as cash. You also don’t realize that the note you sign is accepted as payment in full to pay off the property. Furthermore, it is not disclosed to you that you now own the property free and clear at the moment you signed the paperwork, and then they don’t tell you that you simply signed the property over to the bank when you signed the deed of trust. The banks, the attorneys, and the escrow companies fooled us into owning the property by signing the note and then fooled us into giving it away by signing the trust! Within about a five-minute period of time, you come into full possession of a property and then you give it away, not knowing that the whole thing took place.
YOU HAVE BEEN DEFRAUDED BY THE BANKS!
The problem here is that you never disclosed this crucial information during the "loan" process. You may have thought you were receiving a loan from the bank, but in fact, when you signed the note, your signature created the money to fund the "loan." When you look at your deed of trust, it identifies you as the borrower and the bank as the lender, but in reality, no money was borrowed or loaned. How do they get away with that? They've deceitfully changed the meanings of words to commit fraud. This entire process is deceptive and has not been disclosed to accommodate their fraud.
Once you deposit your check at the bank, it may be sold to other investors without your knowledge.
What Are We Claiming?
We are not claiming a breach of contract, but it is definitely one of the issues that you are bringing to light. It is absolutely crucial to inform the other party about what you know. They rely on you not knowing these things.
The banks and their attorneys assume that you're ignorant, which is what starts the whole process. It's your lack of understanding of the true nature of the transaction. If they sense that you don't really know what you're doing, they will likely proceed with foreclosure or debt collection, or they will act as if their contract is in effect. As you start this process, you will find that the banks and their attorneys will ignore you and your paperwork. They believe their contract over you is superior and will disregard your paperwork. They will send you official letters denying your claims. The attorneys for the banks thrive on bluffing and blustering, but the truth is, you are the one in control!
It is crucial to ensure that you provide them with sufficient information indicating that you are aware of your rights as the trustor (creator) of the trust. As the individual who drafted the document and made the initial assignments and appointments that set up this entire system, you hold the authority.
Through the bank's non-response to our notifications, we can establish our authority, indicating that we still hold the power, with a new contract confirming their understanding of our ability to appoint a new Trustee and to revoke their appointment as trustee and beneficiary. We invalidate the appointments that granted them the authority to foreclose or make a payoff claim in the first place.
Once we strip the bank's trustees of their fraudulent authority, they will lack the documentation to rely on, especially if the case goes to court. Our documentation will provide us with the power they will not want to challenge once it's established. They are keen to avoid this situation and will want to prevent a legal battle. By preparing in this way, we will have a file containing all the necessary documents to present our claim to a judge, with the future possibility of suing the bank in mind. All documents are aligned with the prospect of taking legal action against the bank.
How Is The Treasury Involved In This?
The funds drawn from our signature actually come from a shadow account that’s kept in our ALL CAPS NAME with the Treasury Department.
We, as individuals, are solely responsible for creating all credit in this country. When we, as the authorized agents for those accounts, sign our names, we are decisively authorizing that account with the Treasury to be taxed.
According to our electronic banking system, we are unequivocally identified as the originator of these funds, akin to the way real money is printed. This principle extends across all types of loans, including credit cards and auto loans.
Given that we are the originator, it follows that the counterpart in the transaction, the other party, is not contributing anything. This renders the contract unconscionable, as there is a blatant absence of consideration. They offer nothing of value in return.
If you provide the funds and they don’t, then what are they providing? Nothing!
You are the originator of the funds, which means you don’t owe anybody anything. You already PAID IT.
How Your Signature Works
Examine your deed of trust closely. You will see that there is no other signature but yours. Also, check the end of the note. You will find that there is no other signature but yours.
When you write a check, buy your groceries, or pay your power bill, you definitely don't have a representative at the grocery store signing the check, do you? Similarly, you absolutely don't have an associate at the power company signing the check, do you?
When you write a note, it's equivalent to signing a check. Since a note is a negotiable instrument, no additional signatures are necessary. Your signature alone signifies payment. Upon deposit, the electronic transfer of funds will be recorded in your Treasury ledger.
You have every right to a free and clear title to your property because you have paid it off completely and satisfied the entire obligation.
It is crucial to remember that for the lender to obtain the property, the giver must have had the explicit right to transfer it. This necessitates the giver to have full ownership of the property in order to transfer it.
You must have acquired ownership by making a full and accepted payment.
One thing we have to remember here is that YOU are actually the lender in these cases.
You Are The Creator Of All Credit And Notes – Why Is That Important?
You are unequivocally the creator of the trust, as explicitly outlined in the paperwork. You are the trustor/grantor - these terms are synonymous and bear identical meanings. In certain states, it's denoted as grantor, while in others, it is designated as trustor. Nonetheless, you are the sole individual who brought that trust into existence. They simply printed out the document as per your instructions.
RULES OF CONTRACTS
For there to be a contract, there has to be a “meeting of the minds”. This means that the two parties simply understand what the agreement was, whether it’s a handshake or a posted sign like a speed sign on a road.
We enter into contracts multiple times a day without even realizing it. Throughout our lives as members of society, we are constantly bound by contracts. Whether it's paying fees, registering, licensing, or simply agreeing to something, we are entering into contracts everywhere we go. Even the act of agreeing not to shoplift when we enter a store equates to a contract.
Look at it as if laws are really contracts in commerce. If you always keep in mind that everything you do is a contract, many things in life will begin to make more sense to you.
Even when the government passes rules, regulations, and laws, they are contracts. If you don’t object, you become subject to those laws. Do you know why they get away with it? First, we voted those representatives in. Two, they assume we won’t argue or stand up against it, even if what they do is unconstitutional. I believe Congress passes many unconstitutional laws, but if we don’t stand up, they get away with it. Silence is acquiescence.
Everything we do in life is a contract. Even when going into court, it is actually about contracts. Once you answer that judge with whom you are and plead guilty or not, you’ve entered into a contract, and you’re a subject of that court.
Another concept to understand is silence. If you clearly let someone know and give them ample warning on the issue, or you notify them of certain things and they don’t dispute those claims, then their silence is an agreement with those claims. You need to clearly prove that they were notified properly and understood the nature of those statements. Our mortgage and debt documents do that process as well. The silence is acquiescence concept is definitely part of what we do.
An incomplete response is not a response. For example, you sent a letter out to the bank and the bank appears to respond to that letter. But if you actually look at the original letter you send, it outlines what a correct and complete response is and that anything less is no response at all… a partial response is not a response. It is still silence
Unless it is a specific, exact response, it is not a response. It is a diversion. It is a curveball response. The other party wants to see if you’ll quit at that point. So, persistence and demanding exact, complete responses are essential to your success.
What they’re doing is playing football with you. They’re hitting you every now and then with something. They’re going to see if you won’t make it through to the final two minutes of the fourth quarter. They’ll try to get you to quit in the final two minutes, too. It might be through intimidation, diversion, lies, or statements they make, all of which can invoke fear.
Persistence is what will get you through this. No matter what happens, go to the next step. That’s critically important.
FRAUD VITIATES CONTRACTS
Remember, Fraud Vitiates Contracts. If a bank's representative or escrow officer didn't disclose something to you in the original agreement or misused or monetized your note in a certain way without informing you, it constitutes fraud.
If that happens and you read the documents, it voids the original mortgage contract and debt. This gives you more ammunition for fair treatment. Remember, fraud vitiates contracts.
If the bank has committed fraud against you and they do not deny it, their silence is an admission of the fraud. When they fail to produce an original contract, we are granted certain permissions as outlined in our agreement, which you will assert to the bank. This empowers you to modify the power of attorney and the trustee and to remove the lien with their permission.
If the bank’s attorneys don’t try to stop this process, even after when we outline how they have committed a fraud, their silence is agreement. They don’t want to go to court with your pile of evidence stacked against them. That’s why you push the process forward. The more steps you take, the more ammunition you have if they ever do try to get you into court or in case you decide to take them to court.
What Is A CLAIM?
A claim is when someone asserts, "We have an agreement, and I possess clear evidence of a contract." The nature and form of the mortgage agreement entail a note being signed as escrow under the assumption that the bank provided actual money. However, did the bank truly provide substantial funds? I challenge the bank to provide evidence of this, and while they're at it, show me the original note that I signed. If they fail to produce the original note, they cannot substantiate their claim. Even lawyers will attest that if the banks cannot substantiate their claim, they have no case! Lawyers may debate, but the truth remains that without proof of claim, there is no claim; no contract exists, and therefore, no obligation for you to repay a "loan" conjured out of thin air through your signature.
Source: RightToCancel(dot)com
Disclaimer Notice:
The content provided is for educational purposes only, with omissions and errors excepted. It does not constitute legal advice.