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

less than three-quarters or greater than one-and-one-half times the size, in linear dimension, of any part of the original item being reproduced. Negatives and plates used in making the likenesses must be destroyed after their use for the purpose for which they were made.

Title 18 USC § 472 Uttering counterfeit obligations or securities Whoever, with intent to defraud, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or with like intent brings into the United States or keeps in possession or conceals any falsely made, forged, counterfeited, or altered obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both.

Title 18 USC § 473 Dealing in counterfeit obligations or securities Whoever buys, sells, exchanges, transfers, receives, or delivers any false, forged, counterfeited, or altered obligation or other security of the United States, with the intent that the same be passed, published, or used as true and genuine, shall be fined under this title or imprisoned not more than 20 years, or both.

Title 18 USC § 474 Plates, stones, or analog, digital, or electronic
images for counterfeiting obligations or securities Whoever, with intent to defraud, makes, executes, acquires, scans, captures, records, receives, transmits, reproduces, sells, or has in such person’s control, custody, or ossession, an analog, digital, or electronic image of any obligation or other security f the United States is guilty of a class B felony.

Are these regulations always adhered to by the “lender” when they have possession of these “original” SECURITIES and make reproductions of them before they are “sold to investors? How much has been in the media in the past 2 years about people demanding to see the “wet ink signature Note” when there is a foreclosure action initiated against them? You hear it all the time. Why is that such a big issue? Shouldn’t the “lender” be able to just bring the “Note” and the “Deed of Trust” or similar “Security Instrument” to the Court and show that they have the original documents and are the “holder in due course” and therefore have a legal right to foreclose? To foreclose they must have BOTH the “Mortgage Note” and “Deed of Trust” or other similar “Security Instrument” ORIGINAL DOCUMENTS in their possession at the time the foreclosure action is initiated. Furthermore, IS there a real honest to goodness obligation to be collected on?
Why is it that there is such a problem with “lost Mortgage Notes” as is claimed by numerous lenders that are trying to foreclose today? How could it be that there could be so many “lost” documents all of a sudden? Could it be that the documents weren’t really lost at all, but were actually turned into a source of revenue that was never disclosed as being a part of the transaction? To believe that so many “original” documents could be legitimately “lost” in such a short period of time stretches the credibility of such claims beyond belief. Could this be the reason that MERS (Mortage Electronic Registration Systems) was formed in the 1990’s as a way to supposedly “transfer ownership of a mortgage” without having to have the “original documents” that would be required to be presented to the various county recorders? Could it be they KNEW THEY WOULDN’T HAVE THE ORIGINAL DOCUMENTS FOR RECORDING and had to devise a system to get around that requirement? When the foreclosure action is filed in the court the attorney for the purported “party of interest”, usually the “lender” who is foreclosing, files a “COPY” of the “Deed of Trust”, “Mortgage” or similar “Investment Security” with the Complaint to begin foreclosure proceedings. Is that “COPY” of the “Security Instrument” within the “regulations” of Federal Law under 18 U.S.C. § 474? Is it usually the same size or very nearly the same size as the original document? Yes it is and without question it is a COUNTERFEIT SECURITY! Who was it that produced that COUNTERFEIT SECURITY? Who was involved in taking that COUNTERFEIT SECURITY to the Court to file the foreclosure action? Who is it that is now legally in possession of that COUNTERFEIT SECURITY? Has everyone from the original “lender” down to the Clerk of the Court where the foreclosure is now being litigated been in possession or is currently in possession of that COUNTERFEIT SECURITY? What about the Trustees who are involved in the process of selling foreclosed properties in nonjudicial states? What about the fact that there is no judicial proceeding in those states where the documentation purported to be legal and proper to bring a foreclosure action can be verified without expensive litigation by the alleged “borrower”? All the trustee has to do is send a letter to the alleged “borrower” stating they are in default and can sell their property at public auction. It is just ASSUMED that they have the “ORIGINAL” documents in their possession as required by law. In reality, in almost every situation, they do NOT!!! They are using a COUNTERFEIT SECURITY as the basis to foreclose on a property that was paid for by the person who signed the “Mortgage Note” at the closing table that was converted to money by the bank. When it is demanded they produce the actual “original signed documents” they almost always refuse to do so and ask the Court to “take their word for it” that they have . They have, instead, submitted a COUNTERFEIT SECURITY to the Court as their “proof of claim” to attempt to unjustly enrich themselves through a blatantly fraudulent foreclosure action. One often cited example of this was the decision handed down by U. S. Federal District Court Judge Christopher A. Boyko of Ohio, who on October 31, 2007 dismissed 14 foreclosure actions at one time with scathing footnote comments about the actions of the Plaintiffs and their attorneys. Not long after that came the dismissal of 26 foreclosure cases in Ohio by U.S. District Court Judge Thomas M. Rose who referenced the Boyko ruling in his decision. How many other judges have not been so brave as to stand on the principles of law as Judges Boyko and Rose did, but need to start doing so TODAY? BOTH of the original documents, ( Deed of Trust or Mortgage and the Security Instrument) are absolutely required to be in their possession to begin foreclosure actions. Almost every time the people that are being foreclosed on are able to convince the Court (in judicial foreclosures) to demand that those “original documents” be produced in Court by the Plaintiff, the foreclosure action stops and it is obvious why that happens! THEY DON’T HAVE THE “ORIGINAL” DOCUMENTS!!!!!!!!!!!!!!!!!!!
Has any of this foreclosure activity crossed state lines in communications or other activities? Have there been at least two predicate acts of Fraud by the parties involved? Have the people involved used any type of electronic communication in this Fraud such as telephone, faxing or email? It is obvious that those questions have to be answered with a resounding YES! If that is the case, then the Fraud that has been discussed here falls under the RICO statutes of Federal Law. Didn’t they eventually take down the mob for Racketeering under RICO statutes years ago? Is it time to take down the “NEW MOB” with RICO once again?

HOW RAMPANT IS THIS FRAUD?

How could this kind of situation ever occur in this country? Could it be that this whole entire process could be “studied concealment or misrepresentation” where the parties involved are responsible under the law for their conduct? Could it be that it is no “accident” that so many “wet ink signature” Notes cannot be produced to back up the foreclosure actions that are devastating this country? Could it be that the overwhelming use of COUNTERFEIT SECURITIES, as purported evidence of a debt in foreclosure cases, is BY DESIGN and “studied concealment or misrepresentation” so as to strip the people of this country of their property and assets? Could it be that a VERY substantial number of Banks, Mortgage Companies, Law Firms and Attorneys are guilty of outright massive Fraud, not only against the people of this country, but of massive Fraud on the Court as well because of this COUNTERFEITING? How could one possibly come to any other conclusion after learning the facts and understanding the law? How many other people are implicated in this MASSIVE FRAUD such as Trustees and Sheriffs that have sold literally millions of homes after foreclosure proceedings based on these COUNTERFEIT SECURITIES submitted as evidence of a purported obligation? How many judges know about this Fraud happening right in their own courtrooms and never did anything? How many of them have actually been PAID for making judgments on foreclosures? Wouldn’t that be a felony or at the very least, misprision of felony, to know what is going on and not act to stop it or make it known to authorities in a position to investigate and stop it?
How is it that so many banks could recover financially, so rapidly, from the financial debacle of 2009, with foreclosures still running at record levels, and yet pay back taxpayer money that was showered on them and do it so quickly? Could it be that when they take back a property in foreclosure where they never risked any money and actually were unjustly enriched in the previous transaction, that it is easy to make huge sums by reselling that property and then beginning the whole “Unconscionable” process all over again with a new “borrower”? How is it that just three years ago a loan was available to virtually almost anyone who could “fog a mirror” with no documentation of income or ability to repay a loan? Common sense makes you ask how “lenders” could possibly take those kinds of risks. Could it be that the ability to “repay a loan” was not an issue at all for the lenders because they were going to get their profits immediately and risk absolutely nothing at all? Could it be that, if anything, they stood to make even more money if a person defaulted on the “alleged loan” in a short period of time? They could literally obtain the property for nothing other than some legal fees and court filing costs through foreclosure. They could then resell the property and reap additional unjust profits once again! One does not need to have been a finance major in college to figure out what has been happening once you are enlightened to the FACTS.

WHAT ACTIONS HAVE PEOPLE TAKEN TO AVOID LOSING THEIR HOMES IN FORECLOSURE?

There have been a number of different actions taken by people to keep from losing their homes in foreclosure. The first and most widely used tactic is to demand that the party bringing the foreclosure action does, in fact, have the standing to bring the action. The most important issue of standing is whether that party has actual possession of the “original wet ink signature” documents from the closing showing they are the “holder in due course”. As previously mentioned, in almost ALL cases the Plaintiff bringing the action refuses to make these documents available for inspection by the Defendant in the foreclosure action so they can, in fact, determine the authenticity of those documents that are claimed to be “original” and purportedly giving the legal right to foreclose. The fact that the Courts allow this to happen repeatedly without demanding the Plaintiff bring the ”wet ink signature documents” into the court for inspection by the Defendant, begs the question of whether some of the judiciary are involved in this Fraud. Where is due process under the law for the Defendant when the Plaintiff is NOT REQUIRED by the Court to meet that burden of proof of standing, when demanded, to bring their action of foreclosure?