THE TRUTH ABOUT YOUR MORTGAGE - CHRISTOPHER M. RICE (book suggestions txt) 📗

The information contained here is not to be construed as legal advice, however, it is to be considered as educational material and information. Any duplication and use of this material is done at the readers own risk. The writer of this material will not be held liable for any actions or liability as a result of any use of this information or material.
TABLE OF CONTENTS

INTRODUCTION..................................6
IN THE BEGINNING..............................7
IS THERE SOMETHING WE DON’T KNOW? .......................................12
THE DOCUMENTS INVOLVED.....................................14
WHAT ACTUALLY HAPPENS TO THE “NOTE”?..................................19
THE “DEED OF TRUST” ALSO KNOWN AS THE “MORTGAGE”...............................29
WHO ARE THE OTHER PARTIES......................................32
CAN REPRODUCING A NOTE OR DEED OF TRUST BE ILLEGAL?.....................................36
HOW RAMPANT IS THIS FRAUD........................................49
WHAT ACTIONS HAVE PEOPLE TAKEN TO AVOID LOSING THEIR HOMES IN FORECLOSURES?................................53
CONCLUSIONS..................................61

INTRODUCTION
This is a layman’s explanation of what has been happening in this country that most have no idea or inkling of. It is intended to give you an overview of a systemic Fraud in this country that has reached epic proportions and provoke action to eradicate this scourge that has descended upon the people of America. Depending on what your situation is, you may react with disbelief, fear, anger or outright disgust at what you are about to learn. The following information is supported with facts and law and is not mere opinion.

IN THE BEGINNING

Let’s start with the purchase of a home and subsequent steps in the financial process through the life of the “mortgage loan”. It all starts at the “closing” where we gather with other people that are “involved” in the process to sign the documents to purchase our new home. Do we really know what goes on at the closing? Are we ever told who all the participants are in that entire process? Are we truly given “full disclosure” of all the various aspects of that entire transaction regarding what, for most people, is the single largest purchase they will make in their entire life?

At the first part of the transaction we have a stack of papers placed in front of us and we are told where we are supposed to start signing or initialing on those “closing documents”. There seems to be so many different documents with enough legal language that we could read for hours just to get through them the first time, much less begin to fully understand them. Are we given a copy of all these documents at least 7 days prior to the closing so we can read and study these documents so we fully understand what it is that we are signing and agreeing to? That has never happened for the average consumer and purchaser of a property in the last 30 years or more if it ever has at all. WHY? We have a stack of documents placed before us at the “closing” that we haven’t ever seen before and are instructed where to sign or initial to complete the transaction and “get our new home”. We depend on the real estate agent, in most cases, to bring the parties together at the closing after we have supplied enough financial data and other requested information so that the “lender” can determine whether we can qualify for our “loan”. Obviously we have the “three day right of rescission” but do we really stop to read all the documents after we have just purchased our home and want to move in? Is the thought that there might be something wrong with what we have just signed a primary thought in our mind at that time? Did we trust the people involved in the transaction? Are we naturally focusing on getting moved into our new home and getting settled with our family?
Who else is involved in the transaction from the perspective of the consumer purchasing a property and signing a “Mortgage”, “Mortgage Note” , “Deed” or similar “Security Instrument” at the closing? There is, of course, the seller, the real estate agent(s), title insurance company, property appraiser who is supposed to properly determine the value of the property, and the most obvious one being who we believe to be “the lender” in the transaction. We are led, by all involved, to believe that we are, in fact, borrowing money from the “lender” which is then paid to the current owner of the property as compensation for them relinquishing any “claim of ownership” to the property and transferring that “claim of ownership” to us as the purchaser. It all seems so simple and clear on its face and then the transaction is completed. After the “closing” everyone is all smiles and you believe you have a new home and have to repay the “lender”, over a period of years, the money which you believe you have “borrowed”.

IS THERE SOMETHING WE DON’T KNOW?

Everything appears to be relatively simple and straightforward but is that really the case? Could it be that there are other parties involved in this whole transaction that we know nothing about that have a very substantial financial interest in what has just occurred? Could it be that those parties that we are totally unaware of have somehow used us without our knowledge or consent to secure a spectacular financial gain for themselves with absolutely no investment or risk to themselves whatsoever? Could it be that there is a hidden aspect of this whole transaction that is “standard operating procedure” in an industry where this hidden “aspect of a transaction” occurs every single banking day across this country and beyond? Could it be that this hidden “aspect of a transaction” is a deliberate process to unjustly enrich certain individuals and entities at the expense of the public as a whole? Could it be that there was not full disclosure of the “true nature” of the transaction as it actually occurred which is required for a contract to be valid and enforceable?


THE DOCUMENTS INVOLVED
The two most important and valuable documents that are signed at a closing are the “Note” and the “Deed” in various forms. When looking at the definition of a “Mortgage Note” it is obvious that it is a “Security Instrument”. It is a promise to pay made by the maker of that “Note”. When looking at a copy of a “Deed of Trust” such as a “Deed of Trust” form that is directly from the freddiemac.com website, it is very obvious that this document is also a “Security Instrument”. This is a template that is used for MOST government purchased loans. You will note that the words “Security Instrument” are mentioned no less than 90 times in that document. Is there ANY doubt it is a “Security”? When at the closing, the “borrower” is led to believe that the “Mortgage Note” that he signs is a document that binds him to make repayment of “money” that the “lender” is loaning him to purchase the property he is acquiring. Is there disclosure to the “borrower” to the effect that the “lender” is not really loaning any of their money to the “borrower” and therefore is taking no risk whatsoever in the transaction? Is it disclosed to the “borrower” that according to FEDERAL LAW, banks are not allowed to loan credit and are also not allowed to loan their own or their depositor’s money? If that is the case, then how could this transaction possibly take place? Where does the money come from? Is there really any money to be loaned? The answer to this last question is a resounding NO! Most people are not aware that there has been no lawful money since the bankruptcy of the United States in 1933.
Since House Joint Resolution 192 (HJR 192) (Public law 73-10) was passed in 1933 we have only had debt, because all property and gold was seized by the government as collateral in the bankruptcy of the United States. Most people today would think they have money in their hand when they pull something out of their pocket and look at the paper that is circulated by the banks that they have been told is “money”. In reality they are looking at a “Federal Reserve Note” which is stated right on the face of the piece of paper we have come to know as “money”. It is NOT really “money”, it is debt, a promise to pay made by the United States! If you take a “Federal Reserve Note” showing a value of ten dollars and buy something, you are then making a purchase with a “Note” (a promise to pay). There is absolutely no gold or silver backing the Federal Reserve Notes that we refer to as “money” today.
When you sit down at the closing table to complete the transaction to purchase your home aren’t you tendering a “Note” with your signature which would be considered money? That is exactly what you are doing. A “Note” is money in our monetary system today! You can deposit the “Federal Reserve Note” (a promise to pay) with a denomination of $10 at the bank and they will credit your account in that same amount. Why is it that when you tender your “Note” at the closing that they don’t tell you that your home is paid for right on the spot? The fact is that it IS PAID FOR ON THE SPOT. Your signature on a “Note” makes that “Note” money in the amount that is stated on the “Note”! Was this disclosed to you at the “closing” in either verbal or written form? Could this be the place where the other players come into the transaction at or near the time of closing? What happens to the “Note” (promise to pay) that you sign at the closing table? Do they put it in their vault for safe keeping as evidence of a debt that you owe them as you are led to believe? Do they return that note to you if you pay off your mortgage in 5, 10, 20 or 30 years? Do they disclose to you that they do anything other than put it away for safe keeping once it is in their possession?

WHAT ACTUALLY HAPPENS TO THE “NOTE”?

Unknown to almost everyone, there is something VERY different that happens with your “Mortgage Note” immediately after closing.
Your “Mortgage Note” is endorsed and deposited in the bank as a check and becomes “MONEY”! The bookkeeping entries tend to prove that banks accept cash, checks, drafts and promissory notes/credit agreements (assets) as money deposited to create credit or checkbook money that are bank liabilities, which shows that, absent any right of setoff, banks owe money to persons who deposit money.. Cash (money of exchange) is money, and credit or promissory notes (money of account) become money when banks deposit promissory notes with the intent of treating them like deposits of cash. See, 12 U.S.C. Section 1813 (l)(1) (definition of “deposit” under Federal Deposit Insurance Act).
The document that you just gave the bank with your signature on it, that you believe is a promise to pay them for money loaned to you, has just been converted to money in THEIR ACCOUNT. You just gave the “lender” the exact dollar value of what they said they just loaned you! Who is the REAL creditor in this “Closing Transaction”? Who really loaned who anything of value or any money? You actually just paid for your own home with your promissory “Mortgage Note” that you gave the bank and the bank gave you what in return? NOTHING!!! For any contract to be valid there must be consideration given by both parties. But don’t they tell you