18 votes

Update: I go to court today to keep my house, suggestions

wish me luck.

The reason I am going to court is because I filed a Motion to Dismiss. I am going through a Foreclosure and the bank sent me a letter a while back stating that they are the servicer and Fannie Mae is the invester/holder of the note. Under Federal Rules of Civil Procedure Title 17 and the SC Code of Laws it states that an action must be brought forth by the holder in due course. I fully accept the admission and confession of the Bank that they are not the holder in due course.

So wish me luck, at least the Judge is hearing my motion!

Update: The "judge," Master in Equity, decided not to hear my Motion today and set a final hearing for the 22nd of March. He said he will hear it then. The "judge" is appointed by the Clerk of Court, he is a lawer in town and my hearing was in his Law office!

I filed another Motion to Dismiss as soon as I got out. This motion to dismiss is based on the UCC-1 filed with the SC Sec. of State stating that my house has been paid, discharged and satisfied!




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Brian, I have to ask the question

Did you pay the mortgage or not?

not with Federal Reserve Notes

I had a "friend" pay it.

Unfortunately you agreed to pay in FRN's

and that is what the contract stipulated - dollars.

I do wish you the best of luck. But understand, the system is broken and the banks ARE crooks, but they did agree to secure property in return for dollars/FRN's. We as individuals agree to this of our own free will.

If you made a deal to buy land from a farmer in exchange for giving him hay, he might not want you paying him in anything but hay either.

I would suggest you either try to find another means of securing the property - or if you are not paying the mortgage - make sure to save that money so you can 1)pay the tax liability on the foreclosure and 2)get a place to live and get on your feet. It may suck, but being prudent now will help you in the long run.

thanks

for the support

Your predatory lenders are hereby sentenced to Defenstration

You by order of the court, are required to witness Defenstration of those that sought your harm by their action before the court.

The court humbly offers its apology for any inconvenience you may have suffered. Included herewith is archival quality Defenstration film, 2 minutes. You may submit a further claim to the court for your time.

Disclaimer: Mark Twain (1835-1910-To be continued) is unlicensed. His river pilot's license went delinquent in 1862. Caution advised. Daily Paul

Cyril's picture

LOL

LOL

"Cyril" pronounced "see real". I code stuff.

http://Laissez-Faire.Me/Liberty

"To study and not think is a waste. To think and not study is dangerous." -- Confucius

Study BobbyW24, DailyPaul to your advantage.

BobbyW24's Posts about Mortgage Messes Leaping Frogs Call Various County.

[The Godfather awaits your payment... Over & over you pay.]

Consumer watchdog warns Mortgage Servicers on Transfers new 02/11/2013

Student Loan Consequences: Real, Costly, and Personal new 01/31/2013

Fannie Mae To Allow Walkaways by Homeowners who are Current on Loans 01/29/2013

Fannie Mae asks Taxpayers for almost $4.6B after 4Q loss 02/29/2012 (Dear Taxpayer, Prepay mortgage mess, please?)

Obama Proposes Extending Tax Waiver on Mortgage Debt Forgiveness 02/16/2012

$26B Mortgage Settlement: Good for Banks, Not So Good for Homeowners 02/09/2012 (Who got the money?)

Missouri AG announces 136-count Criminal indictments related to robo-signing in mortgage industry 02/08/2012 (Who owes when a robot signs?)

Why All the Robo-signing? Shedding Light on the Shadow Banking System 01/26/2012 (Who owes when a robot signs?)

Housing: The one Bailout America could really use 01/17/2012 (Who owes after taxpayers pay bailout?)

Transcripts Show that The Fed Misjudged Bubble 01/12/2012 (Who pay when the Fed Reserve makes billion dollar mistakes?)

NY Times: From East and West, Foreclosure Horror Stories 01/10/2012 (Who pay when banks make billion dollar mistakes?)

JP Morgan Chase Banker Admits Banks Caused U.S. Housing Crisis 12/01/2011 (Does JP Morgan pay when it makes trillion dollar mistakes?)

[Mortgage Electronic Registry System (MERS): The big fish fry.]

MERS has Right to Initiate Foreclosures: Michigan Supreme Court 11/17/2011 (Wait, wait... Don't tell me!)

Video Update: Newt Gingrich Reportedly Made At Least $1.6 Million From Freddie Mac Contracts 11/15/2011 (Mr G too $1.6 billion. Does Mr G pay?)

Goldman faces Lawsuits over $15.8 billion in Mortgages 11/14/2011 (Corporate Goldman sued $15.8 billion. Shall they pay? To whom?)

Duval County, Fla. Clerk Sues MERS 11/09/2011 (Why pay MERS? They are but a computer program? Who get your mortage payments?)

Foreclosure Starts Rise as Servicers Process Backlog of Delinquent Loans 11/08/2011

Obama announces New Program to Help ‘Underwater’ Homeowners 10/24/2011 (A liquidity flood?" Underwater" insurance? New program for taxpayers to pay your mortgage?)

Obama's Promises To Aid Homeowners Fall Far Short 10/24/2011 (Promises, promises. Who got the money?)

The Fed Should Buy More Mortgage Bonds says Fed Governor 10/21/2011 (When the Fed buys mortgage notes, the bank got paid. Why did no one tell mortgagees that the note was paid? Taxpayer & you pay your mortgage? Double dip into your pocket?)

Senators Call for Immediate Action to Help Homeowners Refinance 10/13/2011 (Who is gong to pay? For whom doth the bell toll?)

How investment Banks turned housing & Student Loans into a toxic and financial disaster 10/07/2011 ("Who done it?" No mystery. "Who gonna pay it?" A thriller! Audition? Casting call?)

Matt Taibbi: Attorneys General Settlement: The Next Big Bank Bailout? 10/07/2011

Freddie Mac Fires Marshall C. Watson, but Fannie Continues to Use Firm Because it’s too Expensive to Transfer the Files 10/06/2011 (Fired! Too expensive to quit (failing...)

Audit Bernanke by Ron Paul 10/05/2011 (Does Uncle Ben have your money? Or does he just make more?)

The Hill's Brent Budowsky says Ron Paul Favors Bailed-out Banks over Ameircan Consumers 09/30/2011

What The Fed Announcement Means: Here Comes The mega Refi For Homeowners 09/21/2011 (Drum roll... Wait... Drum roll...)

Obama Deficit-Reduction Plan Would Allow Federal Debt Collectors To Contact People On Their Cellphones 09/20/2011 08:52
Ron Paul Campaign Releases Statement On Jobs Report 09/02/2011 16:43

Fannie, Freddie Overseer Set to File Suit Against Bank of America, JPMorgan Chase, Goldman Sachs, Deutsche Bank 09/02/2011 (Who's who in the drama of "Who's Got Your Money?")

One of Obama's Biggest Financial Supporters Sanctioned by Fed Gov for Robo-Signing 09/01/2011 (Did this Robot sign for your money? Can this robot sign & then testify against you?)

The Banksters and American Foreign Policy-Justin Raimondo 08/28/2011

MERS Case Filed with Supreme Court 08/26/2011 08:21 (Can this robot fit into that red dress? The one worn by the lady in red?)

Obama Administration May Back 4% Mortgages for Milliions 08/25/2011

Matt Taibbi: Obama Goes All Out For Dirty Banker Deal 08/25/2011

Massachusetts Bankruptcy Judge Overturns MERS Foreclosure 08/24/2011 (Oh? Judge overturns MERS foreclosure... And nobody tells you?)

[The Godfather & his sons await your payments... In perpetual motions you are courted. You are laundered. You are spun. And hung out to dry.]

Disclaimer: Mark Twain (1835-1910-To be continued) is unlicensed. His river pilot's license went delinquent in 1862. Caution advised. Daily Paul

Just got back

The "judge," Master in Equity, decided not to hear my Motion today and set a final hearing for the 22nd of March. He said he will hear it then. The "judge" is appointed by the Clerk of Court, he is a lawer in town and my hearing was in his Law office!

Right to a speedy trial?

Disingenuous. Packed is the court. Short shrift is the case.

Definition of SHORT SHRIFT Merriam Websters
1
: barely adequate time for confession before execution
2
a : little or no attention or consideration (gave the problem short shrift)
b : quick work —usually used in the phrase make short shrift of

Example of SHORT SHRIFT (Yours has not been published yet. Please wait.)

First Known Use of SHORT SHRIFT 1594

Disclaimer: Mark Twain (1835-1910-To be continued) is unlicensed. His river pilot's license went delinquent in 1862. Caution advised. Daily Paul

Suggestion: Don't moon the judge.

Rarely do they have a sense of humor! Except when handing out guilty verdicts.

Steadfast! BobbyW24, DailyPaul wrote about mortgage messes.

Unforssen mortage mess ain't pretty. Aftseen mess ain't worth seeing. Most prefer unforeseen & unaftseen mortgage messes remain so... Unseen.
====================================================================

BobbyW24, DailyPaul wrote about the ins & outs of mortgage messes.
BobbyW24, DailyPaul Mortgage Posts
___________________________________________________________________

Consumer watchdog warns Mortgage Servicers on Transfers
Submitted by bobbyw24 on Mon, 02/11/2013 - 16:16

(Reuters) - The consumer financial watchdog on Monday warned mortgage servicers that they must extend legal protections to customers when transferring their loans to another company, and said it will pursue enforcement actions against those who do not comply.

The Consumer Financial Protection Bureau issued a bulletin reminding servicers that they should not lose paperwork or compromise troubled borrowers' chances of avoiding foreclosure.

Debt Collection Horror Stories-CNN Money
Submitted by bobbyw24 on Wed, 02/06/2013 - 13:47
Debt collector horror stories abound: There are threats to dig up the dead relatives of those who couldn't pay their funeral bills, promises to imprison debtors or take their children into custody -- even warnings that pets will be killed.

Fannie Mae To Allow Walkaways by Homeowners who are Current on Loans
Submitted by bobbyw24 on Tue, 01/29/2013 - 13:10
Non-delinquent borrowers with illness, job changes or other reasons they need to move will become eligible in March to apply for a so-called deed-in-lieu transaction that erases the shortfall between a property’s value and the size of its mortgage. It follows a change in November that lets on-time borrowers sell properties for less than they owe, known as short sales, wiping out the remaining mortgage debt. Normally, the lenders could pursue people to recoup their losses.

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Top Recent Topics

+13 I go to court today to keep my house, suggestions - Brain Frank
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Disclaimer: Mark Twain (1835-1910-To be continued) is unlicensed. His river pilot's license went delinquent in 1862. Caution advised. Daily Paul

Contracts are Important

Murray Rothbard lays it out here: http://mises.org/rothbard/ethics/nineteen.asp

The bank lent you money to buy a house and you signed a contract saying you would pay them back plus interest. Your failure to pay makes you a thief.

Libertarianism doesn't work if contracts are ignored. You signed a contract saying you would pay, so you should pay.

Please study beyond what you are told by money-changers.

Ron Paul.

End the Fed.

Loan out-of-thin-air.

The world stands explained.

Disclaimer: Mark Twain (1835-1910-To be continued) is unlicensed. His river pilot's license went delinquent in 1862. Caution advised. Daily Paul

If only this were the case

The bank brought nothing of value into this transaction. The created the money out of this air using the note the borrower received.

If the bank provided nothing of value, why do they have the right to forclose. The bank also sold the note, so again they should have no rights to enforce the contract.

So by your logic

We all deserve free houses. Heck, we all deserve free everything! The fact that the Fed prints dollars means that we can borrow those dollars, promise to pay them back, and then never do so!

So we can just borrow money from banks, spend it all, never pay it back, and this is the right thing to do.

Now let's be realistic.

You say the bank brought nothing of value, but you are just plain wrong. The dollars the bank lent were valuable for many reasons. 1. The seller wanted them. 2. The buyer wanted the house and was willing to borrow dollars to pay for it. 3. The bank wanted more dollars so they lent out what they had and the buyer signed a contract to pay it back plus interest.

Just because you don't agree with the Fed printing dollars doesn't give you the right to steal those dollars. If you agree to pay it back, then you have to pay it back.

It's this kind of stuff that makes the average person view libertarians as lunatics.

exactly

thanks for pointing that out!

Fiat currency has nothing to do with it

You made a promise to pay the bank and you are not living up to your end of the deal.

This is a contract issue, not a fiat currency issue.

If you don't agree with fiat currency then you never should have taken out the mortgage in the first place. You should have gone to the seller and offered them a certain amount of silver or gold or goats or lollipops or whatever else they might want.

The fact is you borrowed something and made a promise to pay it back. If you don't pay it back then you have stolen that something. The fact that the "something" is a fiat currency makes no difference.

Good Luck

Let us know how it turns out.

I pray you get to keep your house

Sleeping in the car can be fun but not in the middle of winter.

LL on Twitter: http://twitter.com/LibertyPoet
sometimes LL can suck & sometimes LL rocks!
http://www.dailypaul.com/203008/south-carolina-battle-of-cow...
Love won! Deliverance from Tyranny is on the way! Col. 2:13-15

Praying for a good outcome!

.

Good Luck

This isn't a new story these days.

skippy

My friend successfully fought to keep his house

Here's the link to an article he wrote about foreclosures on his website. You may want to try to contact him directly to get some advice. Good Luck!

http://bacagrandecitizensactionnetwork.com/article.php?story...

thank

you

Cyril's picture

Wishing you the best of luck:

I wish you the best of luck:

May the judge do his/her job properly if you're in your right.

"Cyril" pronounced "see real". I code stuff.

http://Laissez-Faire.Me/Liberty

"To study and not think is a waste. To think and not study is dangerous." -- Confucius

thank you

I already have another Motion to Dismiss written up in case this motion is denied.

tell me

what you think