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NOV 12,2013
Distinguishing Debt

You do not need case law. You need to know what kind of debt you are dealing with. Three different statutes I laws at issue FDCPA 15USC1692 FCRA 15USC1681 State Consumer Protection Laws

No need for anyone to lose their home. Attorneys are good at throwing colored "code balls" out into the woods to have you chase while the real remedy is right in front of you. These "code balls" include TILA, RESPA which only have reference when you are dealing with a true mortgagee I creditor I lender. Almost no one in foreclosure is dealing with a true lender. They are dealing with a third party to whom an assignment was made after default. Before you can communicate with someone regarding a mortgage, you have to identify who you are talking to. Don't talk to your creditor or lender about being a debt collector. Don't talk to a debt collector as if they are a creditor or lender. Because of this, QWRs are generally null and void as they are being sent to debt collectors, not lenders. FDCPA defines a debt col lector, creditor and a consumer. Must know the difference:

15 USC 1692a - Definitions {3) The term "consumer" means any natural person obligated or allegedly obligated to pay any debt. {4) The term "creditor" means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. (5) The term "debt" means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.

{6) The term "debt collector" means any person who uses any instrumentality o(interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause {F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts.
[Thus a ny servicer a ttempting to collect for an originating le nder based in a n assignment is a de bt collector.]

For the purpose of section 1692f {1 of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include(A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor; (B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts; {C) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties; (D) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt; (E) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors; and {F) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity (i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (ii) concerns a debt which was originated by such person; (iii) concerns a debt which was not in default at the time it was obtained by such person; or (iv) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor.

Debt collectors use all the language and forms of a mortgagee/ creditor. But they are neither. The issue becomes how we respond to these letters from debt collectors disguised as creditors. Most respond to them as if they were creditors, sending in QWRs., TILA letters, rescission of signature letters, revocation of power of attorney. Instead, you must respond with a proof of claim letter that asks them to confirm the capacity they have to send such notices.

"I am not sure what capacity you have to send me this communication. Pursuant to 12 USC 2605, QWR RESPA, and 1692 and state consumer protection laws, I need the following info so I can determine how I am supposed to communicate with you, because I notice there is an assignment of mortgage that was filed in the county recorder and it says that this loan was allegedly assigned to you after default. Based on my knowledge that would deem you to be a debt collector. So your sending me a notice of intent to foreclose is prohibited and a violation of federal and state law."
So you must identify who th is party is in order to know by what law to speak to them, whether as a creditor or a debt collector. Therefore they will not answer QWRs. They will ignore you, or they will provide fake answers as they do not have access to all the information that a creditor or lender would. Only creditors can foreclose. How can they send notices of foreclosure and have a jurisdictional statement that they are attempting to collect a debt? FDCPA covers any kind of debt.

15 USC 1692i- Legal actions by debt collectors

(a) Venue Any debt collector who brings any legal action on a debt against any consumer shal/(1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or {2) in the case of an action not described in paragraph (1}, bring such action only in the judicial district or similar legal entityfA) in which such consumer signed the contract sued upon; or (B) in which such consumer resides at the commencement of the action. (b) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors.
How can you Quiet Title against a debt collector that doesn't even have title? What is there to quiet? The original lender is gone. The first thing one should ask when faced with a debt notice is "Who are you?" and "What debt are you talking about?" Debt collectors and the courts rely on our not discerning what information is really in their communication and for us to rely on their information without question to begin by defending ourselves in the subject matter. First you deny by recall that you had an arrangement with the original creditor. "I don't recall a debt with XXX." Then you ask for proofthrough va lidation according to 1692(g). So they will take you to court to try to get a money judgment (small claims is under $20000). But they wil l not come up to your house to try to take your merchandise.

A debt collector must prove that you owe a debt. How does he prove years in advance of his involvement that you have any loan? To do this, he must supply admissible evidence according to the rules of evidence. " Copies" of documents are not admissible evidence. How many fabricated notes, assignments, mortgages are out there? If copies w ere sufficient to prove value, value could be created by mere copies and everybody would be rich. Demonstrate the money trail, the original note, the deed of trust-not copies. What competent fact witness can the attorney bring to the court that can testify that you got a loan so many years ago and are now in default? All debt collectors have are hearsay statements. Even copies of records in the public record do not count, though these may show evidence that one "probably" or "may have" executed a "consumer transaction" (never admit to the words "mortgage," "deed," " loan," etc. For who can prove that one actually got a loan from an alleged lender?) The U.C.C. supports asking for the note, but it is simplest to just ask to "prove the debt." Public records must be authenticated. Copies cannot be used to prove a signature. Copies can be forgeries in the computer age. To be admissible, they must submit a wet ink original and a sworn material fact w itness that can testify to that signature. If one " may have" entered into a consumer transaction w ith a lender, it is not his job to prove it! It is the debt collector's /alleged creditor's job. In order to sue for monetary damages, one must be able to prove monetary injury. How can a debt collector who buys defaulted debt for 5-10 cents on the dollar prove monetary injury. (Anyone can buy debt from the FDIC). A debt collector was never injured in the amount sued and in fact never loaned any money. Before going into any subject matter therefore, one must send a debt validation letter to the collector. (Most debt collection companies are owned and run by attorneys. It is easy money for them. Ninety-five per cent of debt collection cases result in a default judgment.) Identify the one calling themselves a "servicer." The Deed of Trust says that it is the lender who has the power to do whatever it is he has the power to do within the four corners of that contract. A servicer must prove relationship to the lender. A servicer acts a collector of payments on behalf of the lender. When the loan is paid off, it will go to the lender, not the servicer. If a default letter comes out, it must come from the lender, or if it comes via the servicer, it must be on direct behalf of the lender. Anything coming out from a true servicer referencing default or foreclosure must directly reference the lender, not merely the servicer. Yet alleged servicers threaten to foreclose never mentioning the origina l lender. So when a servicer threatens to take property in his own name, you immediately sue the alleged servicer. For per your contract with your lender, the notice to foreclose must come from the lender. The lender is the only one authorized to execute the provisions of foreclosure.
How to Sue

Draft a simple complaint under the FDCPA or under your state consumer protection laws. Under FDCPA go into federal court. Or else go into small claims court.

The complaint states in effect these words:

I received this notice from this servicer. I asked them to identify themselves. They appear to be a debt collector putting them under 15 USC 1692. They failed to verify or validate the debt or provide admissible evidence of this alleged debt. I do not recall any particular transaction with this servicer /debt collector and the identity is unknown to me. They appear to fall under the FDCPA which says that they may not send any threatening letter or threaten to take an action that they legally cannot take. They cannot misrepresent the debt.
They misrepresent by getting hearsay statements from the past creditor. The debt collector would have to bring in a material fact witness from that lender or provide an affidavit from that material fact witness stating "I know that this person received this loan." Instead they bring in 10-20 pages of case law alleging you had a loan and you never object to the allegation of having received a loan or to the authenticity of the hea rsay document copies. You never deny having received a loan. You don't object to their talking as creditors or lenders. You don't object to their speaking off copies of a publicly filed document using language extracted from the deed of trust that they find useful. You don't challenge them for speaking as a lender when they evidence to be debt coll ectors. You never challenge their identity and standing.

"They are piggy backing off of a publicly filed document that portrays some consumer transaction and you are allowing them to speak as creditors without checking them: "Wait. Who are you? You are a stranger to this contract. I don't know who you are. You are speaking in a language like a mortgagee or a lender but I'm showing you with clear evidence that you are a debt collector. So you have to change your language. I don't know who you think you are to be speaking out of the language of a contract that has nothing to do with you. You're a debt collector and I am here for the court to certify that you are a debt collector and Jet's get the language right first. Let's see what language you are supposed to speak because if you're a debt collector, we're not going to talk too much about section 15 or section 22 or all the other things we like to argue. We're going to talk debt collector language- meaning that you don't really have anything to prove that I owe you a debt. You really don't have any information to prove that I owe this amount of money. And because I'm the only competent fact witness that was there when this consumer transaction took place, really I'm the only competent fact witness to be able to state the facts thereof. So, Mr. Attorney, unless you are willing to be cross examined, unless you are a competent fact witness, I don't need you to be talking. Hearsay is not allowed, ever, not in any court. So unless you are standing next to somebody that is a competent fact witness who can provide their own evidence that corroborates what they want to do - they have to come with admissible evidence- and unless you have that, there's not going to be too much talking, there's not going to be too many billable hours to obtain, Mr. Attorney. I'm here to get it cut and dried., you're a debt collector. Judge, I just need an order saying that they violated the FDCPA by sending me this letter that was ambiguous and let me tell you what the FDCPA says: ... Communications from debt collectors must be understandable by the least sophisticated consumer, meaning that all communications from debt collectors cannot be written in legalese that will confuse, meaning the least sophisticated consumer can understand that they are asking for money, that they are a debt collector, yet in the middle of the letter they are talking like they are creditors. So judge I am confused, and I want you to determine whether that letter is a violation of the FDCPA, whether it is something that the least sophisticated consumer can read and understand and act upon, because it says two different things. At the beginning it says it is from a creditor, and at the end it says it is from a debt collector."

The judge will clarify that it was an assignment received after default, so the plaintiff is a debt collector. I would determine that this letter violates the FDCPA or that the court confirms that this is a debt collector. Regardless of the amount of settlement, once you have an order confirming that the plaintiff is a mere debt collector, it removes the language of mortgage and foreclosure from the equation. You will not communicate with them on that basis. If they send another letter, you file a new suit under a new number using the same wording in the previous complaint. This will constantly stop the foreclosure process. The court has already determined they are a debt collector. Yet they continue to say they will foreclose on the property when 1692{i) says they have to bring a judicial action. This circumvents the non judicial foreclosure process. Quiet title is not the thing you need to do. Also, there is a statute of limitations on all debt. This is important because many times the action is brought many years after the statute of limitations is up. They cannot even sue you anymore on the debt, which is the only right a debt collector has anyway.

Q&A Unlawful Detainer

There is a title issue in foreclosure You are not made a tenant by operation of the mortgage. Unlawful detainer courts are courts about rental issues, not title. They are eviction courts specific to tenant-land lord relationships. Therefore when brought into such a court for eviction, you argue for proof of how the foreclosure process transformed you from an owner to a tenant and for the lease agreement demonstrating a landlord-tenant relationship. You ask for proof whereby you contracted that if you failed to make payments, you could be brought before an administrative small claims court to be evicted. Inform the judge that his jurisdiction is confined to evictions of tenants under landlord -tenant law and if the plaintiff wants to evict you, he will have to first deal with the issue of title. To sue for a title action through foreclosure he must remove it to a superior court that can hear issues of title. You cannot make a tenant when (according to the deed of trust) I am a title owner. Don't argue loan modification refusal, etc, etc. Don't even accept offer of a loan modification. How do you "modify" a foundationally fraudulent contract? A loan modification "re-ages" the debt and waives all your defenses as you now become obligated to the debt collector as a creditor. Most modification papers are with the servicer. They never mention the lender. When they identify a securitization trust as your lender but then send you modification paperwork, the securitization trust is not listed in the modification detail. How can this be? If the securitization trust is the lender, how can they not be listed as the party of interest in the modification? A true servicer has no monetary interest in a transaction, yet the servicer is the only one identified in the modification as a party of interest? Eviction in Georgia

OCGA 44.11-30, 32 Serve on them a counter affidavit to the notice of eviction

44-11-30 Manner of ejecting intruders; affidav it; ejection by sheriff; counteraffidavit

O.C.G.A. 44-11 -30 (2010) 44-11-30. Manner of ejecting intruders; affidavit; ejection by sheriff; counteraffidavit

When any person, either by himself, his agent, or his attorney in fact. shall take and subscribe an affidavit in writing before any officer authorized to administer an oath setting forth that he claims, in good faith, the right of possession to the described land or tenement and that such land or tenement is in the hands of another named person who does not in good faith claim a right to such possession and yet refuses to abandon the same. it shall be the duty of the sheriff of the county where the land or tenement is located, upon receiving such affidavit. to exhibit such affidavit to the person described as being in possession of such land or tenement at the earliest possible day and to turn such person out of possession unless the person in possession tenders to the sheriff a counteraffidavit stating that he claims, in good faith, a legal right to the possession of the land or tenement. Story of GA sheriffs not enforcing the law. Sharif counters that when they show the sheriffs the law in advance, and knowing that sheriffs are also facing foreclosure, they have incentive to enforce the law. And if they do not, GA statutes allows for claims against sheriffs.


36 - 33-4- Personal l iability of counc i l members and other municipa l officers

0. C. G.A. 36-33-4 ( 201 0) 36-33-4 . Personal liab ility of council members and othe r mun icipal officers

Members of the council and other officers of a mun icipal corporation shall be personally liable to one w ho sustains special damages as the result of any official act of such officer s if done opp ressively , mal iciously , corruptly , or w ithout author ity of law

Sherriffs have to take these counter affidavits, deliver them to the clerk of court for setting a date for a trial by jury.

Attorneys are the low hanging fruit for su it because they are the forefront debt collectors. They take the information from original lenders and serve it up for judges to eat. But it is all hearsay. Sharif immed iately sues attorneys for lack o f evidence and lack of standing. Attorneys cannot testify to any facts before a court. Move for immediate dismissa l w ith pre judice !

Never respond point blank to unsigned letters from corporations. Corporations cannot talk. They cannot bring a claim. Sue for a liable party from the corporation to swear to the facts from first hand material knowledge.

2 0 1 0 Georgi a Code

24-9-25 - When attorney may testify for or against client

O.C.G.A . 24-9-25 (201 0) 24-9-25 . When attorney may test ify for or against client

No attorney shal l be competent or compel lable to testify for or against his client to any matter or th ing , the know ledge of w hich he may have acquired from his client by v irtue of his employment as attorney or by reason of the anticipated employment of him as attorney . However, an attorney shall be both competent and compellable to testify for or against his client as to any matter or thing , the know ledge of w hich he may have acqu ired in any other manner. Attorneys cannot testify to a fact just because they were hired to represent a client

When attorneys write a complaint, answer or motion, they always respond with a statement of facts. But they cannot testify to facts. Therefore unless attorney is w illing to be cross exam ined and can testify to the veracity of the statements, move to strike the writing! As a defendant you can claim that you sent in any payment and satisfied the mortgage w ithout proving it. It is the plaintiff that must prove you did NOT make the payment or satisfy the mortgage. Origina l lenders are long gone, thus making the debate between the words of the plaintiff and the defendant. The defendant is the only competent fact witness. In that case, the word of the defendant w ith the facts must be taken over that ofthe hearsay based plaintiff. Every time the attorney opens his mouth to speak as to facts you object! Repeatedly object to the hearsay. If a j udge does not answer an objection, it is called an equivocation. ''I take exception to the honorable judge's refusal to rule on my objection. Would you please enter your sustain or overrule into the record so I can preserve the error." It is reversible error when a j udge allows hearsay evidence on the record. The only tool of an attorney is a deceptive mouth. So other than allowing their appearance for the record, you shut them up.

/ need proof of agency." Attorneys in Ohio were known to foreclose on houses in the name of a bank in which the bank had no interest or knowledge. Therefore it is proper to demand proof of agency-that the attorney indeed even represents the client.


If an attorney shows up alone, he cannot testify and has no witness. If he shows up alone, you move for dismissal. You reiterate before the judge that the attorney cannot say anything unless he has a witness. He may move for continuance to bring in a witness, but otherwise you will move for dismissal with prejudice. Or you can even move for continuance on his behalf. But the original lender is gone, out of the picture . Second hand records mean nothing, even if they were obtained from the original lender. A cheap poorly worded ambiguous "assignment" means nothing. A judge meanwhile can only judge on the facts. Stick to the simplicity of the FDCPA law, civil rules of procedure and the rules of evidence. Don't allow attorneys to argue legalese and case law. Judges do not even agree on case law. MERS has no standing. There is a difference between MERS and MERS Corp. Attorneys/ servicers can make modifications look good to you because they have no money at stake in lowering it! Meanwhile you waive all your rights. Small time debt collectors now are in the foreclosure business. They draft up poor documents that do not have the substance that only a true creditor can provide. 80% of debt collections succeed because people do not even respond.

Follow the three stage strategy (Georgia) 1. Attack any notice of foreclosure as a debt collector standing issue. If that fai ls, 2. Attack the title issue at unlawful detainer requiring removal to superior court. If that fails, 3. Serve the counteraffidavit to the sheriff requiring trial by jury. Don't wait for them to come after you. You have to discover your own answers. You don't have to wait after an unlawful detainer order to serve the counter affidavit. You can have it prepared already at the unlawful detainer hearing and let the judge know that if he orders the eviction you will appeal then and there and will also serve the counter affidavit. You can serve it on the sheriff then and there. You cannot remove to federal in an eviction case. There is not a federal question . You have to do an advanced title suit to superior court then notify the U/D judge that you already have a title suit pending in the superior court, his order is adverse to your superior title suit and you wi ll appeal his order with a motion to consolidate the cases.

State court j udges follow the state court bench book on foreclosure, yet they don' t even remove to superior court. So you don't wait for them to remove it. You file your superior court title suit in advance. You f ile this concurrently in federa l and in state court. Your claims are based on the FDCPA, the FCRA and the state deceptive practices act. If you do all this in advance, you wi ll usually preclude an eviction action because attorneys wi ll know you have the suit pending. When you sue, it is not about the house. It is about the fact that the plaintiff is a mere debt collector. And that accord ing to 1692(i), if they want to go for foreclosure, they have to do so judicially! Then in the judicial venue they must lose because they have no facts! Fannie Mae does not own loans. They only guarantee loans. They can' t own anything. Neither can banks. The key to winning is to find anything in the statutes that doesn't make sense and then stand on it! When they say "You own money," challenge THAT. "What money? There is isn't any money. Define money. Show the paper trail that proves I received money." Once they open their mouth, put your foot in it! Once they make one m istake, it is over. What money? What loan? Prove it! [You cannot argue based on what they led you to believe you entered into.] They use tricky language about "the borrower is in default." They never say "the loan is in default" because the loan is in a securitization trust and the servicers have to pay on those loans to the trusts! If you pull up the secu ritization trust you w ill see that the loan is being paid or is not even due. Cha llenge the language about defau lt. So what do they mean "the borrower is in default"? How can the borrower be in default if the loan is not in default? They use words like investor. They will say "your investor is" whoever, as if you are obligated to an investor. Yet the word investor does not appear ONCE in any "contract" (deed of trust I mortgage I security instrument or note) that you signed. An investor is a debt collector. The word investor changes the dynamic of the communication. "Can you explain to me what an 'investor' is? I see creditor, lender,

mortgagee, servicer. I don't see 'investor.' Investors are pooled into defaulted debt. They are debt collectors. That's what you are. Thanks for identifying yourself."
Be proactive, not reactive. As soon as you get your first letter, take them to small claims court. If you are proficient in the federa l rules of civil procedure, and have the money, file in the federa l court. If you know how to draft a complaint, answers, motions and do a rule 26 hearing. You have to study. The FDCPA is only 20 pages and half of it is mumbo jumbo. You just have to focus on 1692 (a)- (h) . The FCRA is a little longer. It is about your cred it reporting. It often lists a different creditor than those who are coming after you. That is evidence! They claim to own the loan but are reporting that someone else owns the loan . Or it is reported that it was charged off, or is a zero balance. Every month that the credit report is wrong it is $1000 per account per bureau. To prove the differential between the origina l lender and the alleged "servicer' ca ll up the original lender and ask them if you owe them any money. They will try to say you owe the servicer, but you

insist on their stating w hether you ow e THEM directly. Ask for it in writing. They w ill never answer that question. Creditors get a tax write off when they charge off debt. Then you return to the al leged servicer and say "I talked to the creditor and they would not confirm that

I owed them anything or they charged it off and said I did not owe them anything. If I can't pay the original creditor why would I pay you?"
At all times you must make your property look inhabited, even if you go away on a vacation . Attorney's hire companies to go out and look for evidence of abandonment in order to justify a move on the property to remove belongings and change locks. Relative to judicial foreclosure: After a foreclosure order, you need to do a Ru le 60(b) Motion to Set Aside Void Judgment. This wi ll work where due process have been violated, such as insufficiency of process. Motion to set aside for lack of subject matter jurisdiction for failure of service of process. They w ill intentionally not serve people at the correct address. What is fi led on the county recorder doesn't matter. It doesn't count. Anybody can file anything on the county record. Doesn't mean it is true or can stand as evidence. If due process is violated and you can prove it, that is all you need to get a foreclosure set aside. Courts don't like default judgments. They like parties to litigate. That is what they get paid for. Loan numbers are OMB numbers. They cannot be changed. Such as in a bank account. The account is closed, the number is extinguished . A new number belongs only to a new account. The same is true regard ing loan numbers. If they change the number, it means the original account has been extinguished. They have no authority to change the old number, which is to create money of account, assuming the loan actually remains in force as a loan . (Just by changing an account number is to create new money.) They also cannot change it without your consent. In a new bank account, you must sign a new signature card. You must not acquiesce to the new number! You don't even cla im to recognize the o ld number. But if they are going to use a number, insist that they use the old number, because they don't have the authority to create money of account by assigning a new number. After a wrongful foreclosure, you can bring a new suit for wrongful foreclosure, FDCPA violations, (can even use RESPA and TILA violations as a basis of suit) as well as or instead of the Motion to Vacate Void Judgment. But until you sue, you are wasting breath. In a mortgage on public record, there is no private communication to effect a solution, as if in private commerce. Remember, you are deal ing with debt collectors. They have no interest in your home. You don't owe them any money, you never signed an appl ication w ith them, you were never provided services by

them. So do not get into subject matter discussion with them. It is null and void. Accept no presuppositions or premises about the subject matter. When you speak to debt collectors, you cannot use creditor language. They don't understand you or respond. You must speak only debt collection language. So if they send presumptive subject matter correspondence and ask for personal information assuming creditorship, you respond:

"I don't know who you are. Address? What is it to you? Social security number? I may not have one. Why should I give it to you? Do I owe you any money? OK. This is an attempt to collect a debt. I need you to validate and verify your alleged debt in writing only. I warn you in advance: Do not provide bank ledgers, excel spreadsheets, or bank statements that may be construed as a debt. That is hearsay garbage in which you try to certify that I owe you money. You must establish where you got that information and your relationship to the source, and the source's firsthand knowledge of the facts pertaining to the alleged debt."
Your mindset needs to be to 1) identify and 2) sue. Do your job in filing court documents from a platform of knowledge, and do not seek to approach anyone in particular to gain empathy. They do not care about you.

The FDCPA and its state counterparts are written simply enough for the ordinary consumer to use to fight their case. Actual, punitive, consequential, and statutory damages are available through these laws. These laws are not about the debt. It is about their behavior in collecting the debt. They can have a legitimate claim to a debt and still violate these laws. When they send a letter with the wrong amount, or send a letter that purports to be a legal process via the word 'assignment" that is a misrepresentation. Therefore before the judge you do not argue the validity of the debt but about their behavior. On an alleged debt of a million dollars, you can get actual and punitive damages of two million dollars. "You lied. You misrepresented. You sent me a letter that was supposed to be legal process

and it wasn't. You said in one place you were a creditor and in another you were a debt collector. You said you were performing under the contract of the mortgage I deed of trust but at the end you claim to be a debt collector. You can't be both."
It's all about identifying who they are and who you are. If you determine you are dealing with a creditor then you send a QWR and make a case on violations of the deed of trust, the fact that all kinds of documents have been recorded on your property without notification to you, that with any sale or partial sale of the note you have to be notified under the Truth in Lending Act (TILA), Dodd Frank Act 15 USC 1641(g)

15 USC 1641 - Liability of assignees (g) Notice of new creditor {1) In general In addition to other disclosures required by this subchapter, not later than 30 days after the date on which a mortgage loan is sold or otherwise transferred or assigned to a third party, the creditor that is the new owner or assignee of the debt shall notify the borrower in writing of such transfer, including-

(A) the identity, address, telephone number of the new creditor; (B) the date of transfer; (C) how to reach an agent or party having authority to act on behalf of the new creditor; (D) the location of the place where transfer of ownership of the debt is recorded; and (E) any other relevant information regarding the new creditor. (2) Definition As used in this subsection, the term "mortgage loan" means any consumer credit transaction that is secured by the principal dwelling of a consumer.

Start with small claims court. Little to lose. Easy to navigate, less fear. Objective is to get judge to rule on debt collection status of the debt. It is for you to get an order. Focus on the consumer protection laws only. If you are talking to and about a debt collector, you are not talking about a mortgage or a deed. You are talking only about a defaulted alleged debt charged off. Sample case to argue :

Judge, I need you to make a determination as to whether this is a creditor or a debt collector. Because I am getting these letters and they are saying two or three things or that they are all of them. I don't know who they are. They are telling me they are going to take my house. They are threatening that I owe them some money. I don't' know who they are. When I ask them to identify themselves they send me some copy of a mortgage agreement and I don't even know what that is because it doesn't look like the document that I signed. So I need you to determine .... They appear to be a debt collector but they are also appearing to be a party to this contract that I may have executed 'x" years ago. They fail to answer me but keep sending me aggressive letters to where they are now telling me they are going to evict me out of my house.... I heard this lender went out of business... that the FDIC or Office of the Comptroller shut them down ...[Did you have a mortgage?} I don't recall. I did enter into some kind of consumer transaction with this person but I have no proof that they ever loaned me any funds. I realized from information from the SEC that the loan was securitized and therefore it is a security under the UCC, and therefore I'm confused, and I am not supposed to be confused pursuant to the FDCPA because I am not a sophisticated consumer. Let's break this down real easy."
Stick to this. It is simple. Don't get into mortgage issue subject matter such as assignment and securitization. There are too many loop holes about what you don't know in that language to trap you. The court will say you are just getting stuff off the internet and don't know what you are talking about. Focus on the consumer protection laws only. That w ill stop a foreclosure. The judge will determine that from the record the loan was assigned while in default and that it went from third party to fourth party to fifth party, etc. Then you call for the judge to issue an order that they are a debt collector. That order is worth your house because now. For now they wi ll either continue to send you those letters or they wi ll leave you alone. And now the countdown time to the statute of limitations begins after which they cannot even come after the house. It doesn't matter whether they give you any money on the order. It is the order that counts. The order determines the identity and t hen precludes them from talking the language of the creditor about mortgage or assignment or deed, etc. As a debt collector, they cannot prove that anyone owes t hem a debt.

Debt collectors will not go to trial, so you can settle with them all day long for their violations. One letter from them violates ten laws. There are few debt collector trials. Fines for violation of consumer protection laws are very high. False items on a credit report alone bring $1000 per month per bureau. You can strategize to trap debt collectors for high damages over periods of time. It does not take case law or legalese to do this. Most debt collectors will pull credit scores. But it is illegal for anyone to do this except one to whom application is made for credit. Debt collectors claim they can do this because they bought your debt. Your answer? "Tell it to the judge." Fair Credit Reporting Act (FCRA)

15 USC 1681q- Obtaining information under false pretenses Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both.
This is identity theft. Debt collectors hire druggies off the streets to work for them. This is why there is so much identity theft. You can execute a criminal complaint against these companies and it will force them to settle. If attorneys deserve to get paid for their time and expenses, you do too for your time to sue them. And the courts wil l award it. A good time to sue is when you are still in good standing in your mortgage. You can do the securitization research and then go in and ask for a verdict in whether you are actually paying a debt collector. Lenders often convert to servicers shortly after a mortgage is consummated. This is evidence that the loan has been sold off. You can then write the servicer and ask who the current note owner (not holder) is. Who is the creditor. Simple. That's all. The servicer will identify the new owner. You say you are interested in paying off the loan in full with the creditor and you want to determine if they still have the original note to be returned to me upon payment in full. You will get the run around. You take this to the court for the determination Courts have said it is YOUR responsibility to know who it is you are supposed to be paying money to. You want to verify the true creditor so that no one else can come along and say you owe them the money. So until you know WHO you are paying, you won't pay them anymore. You can pay the court as an escrow. If a debt collector only pays 5-10 cents on the dollar for your debt, how can his interest in the property be higher than yours who have put in all the payments, the upkeep, etc. Sharif makes his living off of predatory suing of debt collectors.

In answer to the charge that you were loaned money, ask, "Since the country is 20 trillion dollars in debt,

what money could you possibly have loaned me? What did you loan me? Credit? What is that? You said money. You said you gave me a loan. A loan shark receives money. Where is the money you loaned me?"
You have to catch them in their own words. Can they assign the debt? Sure. But they can only come after you at most for the va lue of the consideration of the assignment. What is the actual financial interest the debt collector has in the transaction for the debt they bought? How does my not making a lleged payments injure the debt collector? Me not making payments on a contract you are not party to-how does that injure you? So what if I didn't pay a bank that has gone out of business? How does that give you authorization to get my name out of a garbage can or off a county record to come after me?