Fraud In The Factum?? Dam Near Killed Em
In this battle of foreclosure many issues have been raised. Looking at the issues pertaining tothe Security Instrument being either the Mortgage, or the Deed of Trust, and actually readingand understanding exactly what is being said. It causes one to wonder about the deceit and theplanning that has gone into preparing this document [Deed of Trust or Mortgage]. Theimplications of misapplying the actions stated with Security instrument [Deed of Trust orMortgage] are cataclysmic. A question of the Security instrument contract [Deed of Trust orMortgage] being a valid contract or not, as there was never a meeting of the minds.The contract for the Security Instrument was written by a party that did not sign theaforementioned contract. It was a unilateral contract. The lender is a professional companythat deals with the issues of the Securitization of negotiable instruments every day. Theborrower, through a consciousness of innocence, has not been schooled in understanding theUniform Commercial Code; or in Texas referring to the States equivalence, which would be theBusiness and Commerce Code.
was a participant to the misrepresentation of the transactions that were to take place within the Security contract [Deed of Trust orMortgage].I am specifically talking about the Fannie Mae/Freddie Mac Uniform Instrument that pertainsto the Mortgage or Deed of Trust contract. Each state has its own version of the Securityinstrument. Let us take a look down the yellow brick road of this instrument and see what wecan find. Fraud in its basic element is about deceit, and includes the deliberate concealment of material information in a setting of the fiduciary obligations. These fraudulent acts weredesigned to mislead us into believing that what is written within the contract is true andcorrect.
vitiates even the most solemn promise to pay", see U.S. vs. Throckmorton, 98U.S. 61, 65.In looking at the verbiage pertaining to covenant
of the Security Instrument “
Sale of Note;
change of Loan Servicer”; Notice of Grievance. The Note
a partial interest in the Note(together with this Security Instrument) can be sold one or more times without prior notice tothe Borrower
Emphasis added by this writer. The word
in itself is disjunctive. The definitionas defined in the Merriam Webster defines the term disjunctive as
an alternative or opposition between the meanings of the words connected <the disjunctive conjunction or
This is a gross misrepresentation of the Security contract [Deed of Trust or Mortgage] statingthat a choice could be made between the Note, or a partial interest in the Note, with the resultbeing the same. This is a legal impossibility as the Security Instrument [Deed of Trust orMortgage] can only follow a properly secured Tangible Note. In taking the words
we can apply them into a math formula and look at the results.