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REALLY Need Help: My home Foreclosure hearing is tomorrow. *UPDATED* 4-26-2010!!!

Can any one here give me some advice on how to make the lender produce the note (in a legal manner). Countrywide was the original lender (they no longer exist). Bank of America now supposedly holds the note. How would I go about challenging them without hiring an attorney? Any advice would be much appreciated!

Ok, so I woke up this morning not knowing what I was going to do, logged on to the DP, and after reading some of your guys posts from after I went to bed I got up the confidence to go down to the courthouse to see what I could do.

When the magistrate asked me if I had anything to say I said yes your honor, I would like BofA, formerly Countrywide Home Loans, to produce the genuine original promissory note for this amount, also, I want to be sure B of A has standing to collect on this alleged debt. (thank you esp to jules and wolfe, jules for giving me something to go with, and wolfe with letting me know non lawyers get more leeway)

Anyway, the magistrate says very good; have you filed and answer with the court? No your honor, I have not. Mag: Technically you should have done that already, but I will grant you till 11/27/2009 to file an answer with the court and mail to all concerning parties.

UPDATE* 11/24/2009

After much research I have finished my answer to the complaint. Im going to take it to a lawyer friend now to review it and hopefully file it today. I really think I nailed it. The burden of Proof is now on the bank. I want to thank the whole Daily Paul family so much for all your advice, info, encouragement, and support! Wish me luck!

UPDATE* 11/25/2009

Answer to complaint filed with the clerk of courts today. Copy mailed to Plaintiff via certified mail. My lawyer friend says i probably wont hear from anyone for a while now.

UPDATE* 2/18/2010 !!!!!!!!!!!

Out of curiosity yesterday i was checking the Clerk of Courts website to see if anything new had been filed and sure enough Bank of America has filed a motion for Summary Judgment. They didnt even notify me though it says they did in their affidavit. i got it today at the courthouse. They have two affidavits in support of the motion. I think i've got em but i need help.

In the affidavit a man named Greg Hige*** labeled as Assistant Vice President of BAC Home Loans states:

1.
In such job position affiant has the custody of the accounts of said company, including the account of Mr. _____ , defendant herein. Affiant states that the records of the accounts of said company are compiled at or near the time of occurence of each event by persons with knowledge of said events, that said records are kept in the course of its regularly conducted business activity, and that it is the regular practice to keep such records related to the business activity.

2. Plaintiff is the holder of the note and mortgage which are the subject of the within foreclosure action. TRUE AND ACCURATE REPRODUCTIONS of the originals as they exist in Plaintiff's files are attached hereto as Exhibits "A" and "B".

3. Affiant states that there has been a default in payment under the terms of the aforesaid note and mortgage. The account is due for the August 1, 2008 payment and all subsequent payments. Plaintiff has therefore elected to accelerate the entire balance due.

4. Affiant states that there is due on said account a principal balance of 59,704.21, together with interest thereon from July 1, 2008 at 6.125 percent annum and as may be subsequently adjusted if provided for by the terms of the note, and advances for taxes insurance or otherwise expended to protect the property.

They didnt produce the genuine original note! All they did was submit another copy! Where do I go from here. My Answer specifically demanded they produce the Genuine original promissory note.

UPDATE!! 2-28-2010

Ive discovered that a lady who signed for the ASSIGNMENT OF MORTGAGE listed as the Assistant Vice President for Countrywide has also in the last three years been listed as Assistant VP of MERS, VP of Countrywide, and Assistant VP of Bank of New York, constantly flipping back and forth signing these ASSIGNMENTS OF MORTGAGE. Also, I just discovered tonight via Fannie Mae's web site that they currently own the loan for my house. They are not listed anywhere in any of BOA's filings. I'm diggin!!!

UPDATE!! 3-17-2010

Back on March 5th I filed my Brief in Opposition to Plaintiff's Motion for Summary Judgment challenging BOA's standing as the real party in interest after I discovered that my mortgage loan was sold to Fannie Mae, and to this day are still claiming ownership. As well as the fact that the lady they had sign the assignment of mortgage as Countrywide's Assistant Vice President also signed on the very same day on six different occasions as the Assistant Vice President of MERS that i could find on file with the the County Recorder here in my county. Well, checked the docket online today and BOA has filed a Motion for Extension of Time to reply to Defendant's Brief in Opposition to Summary Judgment.

I really dont know what to expect now.

UPDATE!! 4-02-2010

From the docket today:

"PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO REPLY TO DEFENDANT'S BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS GRANTED. PLAINTIFF MAY FILE ITS REPLY ON OR BEFORE APRIL 23, 2010"

UPDATE 4-26-2010

The bank filed a reply in support of plaintiff's motion for summary judgment. I'm so confused and overwhelmed right now. I really dont know if i have a chance now. They are now stating that they are the servicer for fannie mae among other things. not sure where to go with this now.

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BUMPING TO EDUCATE.

BUMPING TO EDUCATE.

Your doing great, could you

Your doing great, could you imagine if everyone started doing this or a decent percent of the population, we could stop the FED by not allowing them to steal our energy.

If you are able to email me i can send you some good stuff to read.

troyusaguy@yahoo.com

way to set an example and stand up, its really scary and you have demonstrated courage. Most people talk tough, fill out some online votes...but going into court and taking on a huge bank if very brave...well done.

I

I shot you an email over. thanks!

Well...if they said they "loaned"

you money...tell them you do not remember signing a check that they gave you since there was a "loan" and they should provide a copy of the check given, or if it was an electronic transfer ask for the details concerning that transfer...

Ask them, "Was there really a "loan" at all"?

You say there is...okay prove it!

I am helping a family member out personally right now myself and doing much research. I am connected with very knowledgeable peoples in this area and we are having breakthroughs.

Keep up the faith.

If it gets desperate, you might want to consider creating a private trust and creating a security agreement between your ALL CAPS NAME and the private trust and then liening all the property of your ALL CAPS NAME.

The property will now have been totally reconveyed with the private trust holding security interest in the property.

Now when the bank comes along and says, "you can't do that"

Then ask them to prove that they can interfere in this private contract...do they have a valid claim...if not, it is time to put them in default and start shutting them down.

If someone wants to get into the middle of a private contract without any right to do so, that person will be in serious trouble, no matter who that (bank) person is.

And btw they always do a substitution of trustee and the trustee is always MERS

wolfe's picture

Would take some research...

But at this point, you could probably file your own request to have the lien dismissed, and put them on the defensive.

The fact is that you own your home, your name is on the title. All that they lay claim to is the lien against the house. Without that lien, you own your home free and clear.

The Philosophy Of Liberty -
http://www.thephilosophyofliberty.com/

Im

Im exploring every avenue available. Im hoping and praying the judge refuses their request for more time and dismisses their motion for summary judgment. once he does that my options open up ten fold. then i can go on the offensive. i honestly dont know how they can respond to some of the factual evidence i submitted without fraudulently producing b.s. paperwork. this whole experience has been quite exciting and very educational. Ive spent hours and hours of time at the library and actually enjoy it. the fraud runs so deep in this crisis. i had no idea.

"without fraudulently producing b.s. paperwork"

Don't be surprised if they do exactly that. Be prepared for it as it seems to be neither unlikely nor uncommon for such to happen.

Do not dishonor any of their notices; respond to and accept all of them on the condition that they provide proof of claim or evidence of their statements and allegations.

It's both lawful and prudent to ask for these things and I don't really think it's too much to ask, considering that these mortgage company executives, in order to undeservingly fatten their wallets, took a major craps shoot with the future of our country - and lost. In order to cover their loss, they stole - I forget how many billions overall - of dollars from us, essentially telling us, "We're taking your money. You have no voice. We have full control of the money, we will do with it as we see fit and what we do with it is not reviewable by you, any court, Congress or any other party. And sorry, but no - you will not be invited to any of our multimillion-dollar parties of celebration. Oh, and sorry about laying this debt on the shoulders of at least the next 5 generations of your family, if it even survives that long, but uh... so long, suckas!"

Accept and honor everything they send you, but make them back up every little peep they speak or write.

Good luck.

Good luck.

update!

!

Gavination- check this

Gavination- check this resource out, www.remediesinrealestate.com, and also listen to Rule of Law Radio and find Randy Kelton's internet radio show- www.ruleoflawradio.com. Randy can help you.

There is no Left or Right -- there is only freedom or tyranny. Everything else is an illusion, an obfuscation to keep you confused and silent as the world burns around you." - Philip Brennan

"Invest only in things that you can stand in front of and pr

thanks

do you know him on a personal level?is he credible? trustworthy? theres alot of scams going around right now claiming theyll help you.

Can you aquire a bulldozer ???

and a bit of fuel for it.

Discover Costa Rica

This is how experts are made

Real ones. Not phoney ones you see on TV.

You're going to be an expert on this stuff, and know more than people who go to school to learn about it.

Love it love it. Looking forward to updates.

I agree.

This is a really hard trail to go through, but in the end, this is where our american heroes are being formed.

http://4closurefraud.org/

...

bump

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bump

self bump*

they all are part or MERS,

they all are part or MERS, its an electronic system to assign paper work owned by Well Fargo. I believe your remedy is in GAAP, FASB 39, 95, 140, all accounting. Many promissory notes at the bottom will say "pay to the order of" and the bank originating the mortgage, if you can find an original it will be sign "without recourse". The Promissory note can be deposited and then fund the mortgage loan. so you are borrowing your own money, then when you default the bank gets a free home, if you dont default the banks gets your energy for 30 years, either way the bank gets value for nothing. I believe if the promissory note is not going to be used as an "equal exchange" non taxable event, then it becomes a gain to the bank, thus making it taxable to the bank as income.

Walter Van burien talks about CAFR funds, ive often thought that the GAAP principles would show offsetting credit on liabilities pinned to the us citizen made to be the surety for all debt.... economic slaves...these are my conclusions but my opinions change as i discover new information.

Digg through

the archives of this site. Every week they do a call in to a special guest just on this topic. If you have $75 join this site but you can listen to all the archives I believe for free

http://www.yourremedyisinthelaw.com/?ref=SWC

Good idea. Quick note though,

Good idea. Quick note though, it's spelled "dig", not like the web site "Digg".

ive

ive discovered that a lady who signed for the ASSIGNMENT OF MORTGAGE listed as the Assistant Vice President for Countrywide has also in the last three years been listed as Assistant VP of MERS, VP of Countrywide, and Assistant VP of Bank of New York, constantly flipping back and forth signing these ASSIGNMENTS OF MORTGAGE. Also, I just discovered tonight via fannie maes web site that they currently own the loan for my house. They are not listed anywhere in any of BOA's filings. I'm diggin!!!

Thanks for the updates gavination!

sounds like you are on the right track.

Theres

Theres alot of shady stuff going on behind the scenes. This has been an amazing learning experience so far.

You stated that on 2/18/2010, you discovered at the .......

courthouse the BOA affidavit. However, you claim you never received said affidavit, I assume by mail (postal) or otherwise. If this is the case, you definitely have a lawful response forthcoming --- one you must take full advantage of. In order for a sworn affidavit to be lawfully binding, other than it being notarized, there must be an original copy of the affidavit mailed to the affiant by certified or registered mail including a return receipt and there must be a set number of days (the standard in common law is 30 days) for which the affiant may respond by rebutting each and every accusation by the plaintiff. If you were not given the lawful means to do this then the aforementioned IS NOT LEGALLY/LAWFULLY BINDING. A sworn affidavit is one of the most powerful legal documents available if utilized properly. However, if not completed and thus processed correctly step by step, it is nothing but an empty, powerless piece of paper.

one more question...is there

one more question...is there a dollar sign before 59,704.21?? sometimes they leave off the dollar sign to avoid being guilty of fraud, especially property tax statements!

They need to provide the Genuine Original...aka "wet signature" copy...otherwise in court you simply say "That is not my signature", or if they ask if it is your signature, you say "No".

The reason you can do this is because it isnt your signature, it is only a copy of your signature! More importantly than it being your signature is whether the law of national banks was broken when they "lent you credit".

Furthermore, the signature is only one of the four required elements of a contract, there is still understanding, intent, and consideration...all of which it is lacking. Once you establish that the contract is void....this is where "possession is 9/10ths of the law comes in. The previous owner has been paid ONLY because of your credit scores ability to create the original sale amount, NOT because of anything the bank offered...in fact the bank who acted as the middle man made about 7-9 times the sale price of the house, and invested it in some manner Im sure.

Before you pull the National Banks cannot lend credit......

card, be sure to have a number of Supreme Court decisions readily available supporting this premise. Do some research on line, they are relatively easy to find.

HJR 192 WAS REPEALED JUST SO

HJR 192 WAS REPEALED JUST SO YOU KNOW

Doesn't matter

It was codified into public law 73-10 and USC titles 12 and 36 and a few others

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When?

I've never heard or read that HJR 192 was repealed.