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A Relatively Simple Way to Get Your Property Back

Synopsis of the audio: http://www.understandfinance.org/listen/AudioPlayer.swf See: http://www.denverdm.com/deedoftrust.pdf for a sample Deed of Trust.

Asset or Mortgage-Backed Securities A Mortgage is a special kind of security instrument. The contract that the mortgage holder signed has two parts: ! The Deed of Trust outlines the contract " the terms and conditions #etween the mortgage holder and the servicing party $trustee% #ank!& '! The Promissory ote outlines the intention of the mortgage holder to pay the servicing party the lump sum plus interest. (hen you sign your name onto this security instrument% you engage into a trust contract. The Deed of Trust is your property where you give the #ank permission to securiti)e your *ote #undled with many others through a pu#lic auction pool. +ou,ve created the pu#lic interest. Actually% every time you use your name - ssn - date% you,re creating documentation that has value. The #ank is merely servicing your property. .t is your receipt for the transaction and this asset is valued at whatever is stated on the *ote. The trustee% #eneficiary and servicing company are all optional positions. The DoT lists you as the owner of the property. The servicing #ank opens up a demand deposit account for you with a mortgage identification num#er. +our initial deposit is the security instrument " the Deed of Trust or Mortgage document. .t is your asset on the #anks #ooks as long as the account is current and in good standing. +ou could ask the #ank: /0eing as . have a 1233%333 asset on account at your #ank% can . use the interest in that asset% which is the original% physical documentation of the Deed of Trust and P*% to settle the de#t that . owe you45 The answer is: Despite the fact that hardly any#ody understands this 6 +es% you can. .t,s a simple process to do if you work with the right institutions and this is true also for auto and school loans. Any type of P* that is on file is worth the principal value of whatever you,ve created. .f you sign up for a mortgage and properly cancel the contract within 7 days% they,ve already made a security instrument and they have to refund to you the principal value of the note. They really do. Through the DoT% you convey all of your physical interest in that property over to the trustee% who you appointed. +ou give your house to the trustee to hold in good faith. The trustee% holding your interest and ownership rights for the term of the *ote% transforms you from an owner to a tenant. .f you don,t pay the #ank #ack% the trustee can li8uidate. *ormally% you,re paying the #ank an incredi#le amount 9ust to service your *ote in return for them giving you a so6called loan. (hat did they give you of e8ual valued consideration4 They promised to watch over the contract for you. *ormally% the #ank claims your interest in the value of the contract as a#andoned property after 7 years& then they get to fractionali)e it. The #ank doesn,t really have to produce the original *ote% #ecause you,ve given them permission to move your property. .n signing% you created an .0o:. (hen you agreed to pay% you secured your interest in the P* with your home " that,s why you,re listed right off the #at% starting off as the owner of the property.

The de#t is valid #ecause you created it. .t is your DoT. .t is your P*. .t is your Mortgage. +ou have signatures and initials all over the place showing that you are the party of interest. +ou are the one who chose all of the parties in the contract. The thing is% the #ank is negligent #ecause they are supposed to #e holding our property. The P* is what you agreed to pay& the DoT or mortgage outline all of the terms - conditions. .n order to securiti)e it or move it% the #ank needs to keep the two documents together% otherwise they don,t hold any value.

otice t!e Ba"k #it! some $ard %uestio"s ;ia notary presentment: /As we are engage in this contract% you are o#ligated #y international and federal commercial law% to respond to me within a fair and reasona#le amount of time.5 0eing as you created this massive asset on the #ooks% you can ask the #ank some simple 8uestions that they are not going to want to answer and pro#a#ly never will: . (hen . created this DoT or mortgage% did . create interest in the pu#lic market4 Did . create a security interest% yes or no4 Also% how is the instrument properly traded4 +es. <#viously% you were authori)ed to create a commercial contract and generate pu#lic interest in whatever you hold interest in. As you generated the interest% you own the property and the contract that you drafted to ac8uire the asset. =ad you known% you could have claimed the value of your contract on your ta>es. '. <n this interest% is a demand deposit account opened for me in consideration of the deposit .,ve made in the institution4 +es. +ou deposited into the #ank an asset e8ual to whatever the principal value of the note is. 7. ?an . turn over my interest to you% the #ank% to settle my de#t with you4 .n consideration of the deposit that .,ve made with this mortgage #acked security with you% the #anking institution of my choice% may . settle any outstanding #alance . have with you #y conveying to you the interest . hold in the ownership rights of my *ote4 +es% you can convey and assign your ownership right to the value of the mortgage as consideration for the #ank to settle or )ero #alance the de#t. +ou can convey your interest in the value of the contract% while keeping the contract. +ou have ownership rights in the property and ownerships rights in the paperwork that represents the property. +ou simply want to use your ownership rights in the mortgage to settle the de#t. To answer the 8uestions truthfully would #ring an end to the #anking industry as we know it% #ut if they were to answer truthfully% they would answer +es to all of your 8uestions. .n this not at all pro#a#le case% you might kindly and firmly ask them to ad9ust their accounting #alances and ledgers accordingly% in consideration that you have interest in conveying your ownership rights - entitlement to the mortgage% the physical paperwork itself $DoT!% to the demand deposit account that the #ank opened on your account to settle the engagement. (hen the #ank has not responded to your *otice within 3 days% they have defaulted. They,ve committed an action which is a #reach of trust% and when a trust agreement is #reached% it is an act of fraud.

Petitio" t!e &ourt @o to court to get acknowledgement that in good faith% you,ve followed the proper administrative process of law in corresponding with the #ank and they have #reached your trust and now stand defaulted. The #ank failed to perform their o#ligated duties that they were assigned to do within the contract. Aile a claim with the ?ounty or State Superior ?ourt $as opposed to District ?ourt which is federal! and get a hearing date% re8uesting that a 8ualified institutional #anker present him or herself on #ehalf of the #ank. <nly a 8ualified institutional #anker can answer the 8uestions that you have. A 8ualified institutional #anker will never show up and no one in their law firm can speak for the #ank or answer any 8uestions as there has #een no proper correspondence a#out your open account with the 8ualified institutional #anker. That,s the long and short of why you,re there. +ou,re engaged in contract with the #ank% not the law firm. .n addition% the lawyer would assume legal lia#ility if he or she chose to act as a 8ualified institutional #anker and speak for the #ank. Petition the court for an in9unctive review and immediate ruling as you,re involved in a fraudulent contract. $A motion is asking& a petition is a re8uest.! Again% don,t re8uest that they validate the de#t or produce the note. +ou,re not concerned that they hold your instruments or not or if the de#t is valid. +ou,re simply concerned that they don,t correspond in a legal% lawful manner. +ou,re pursing a court action for a negligent party failing to correspond with you in a proper fashion. Don,t pursue punitive damages " you,re not looking for monetary compensation. All you are re8uesting is the reconveyance of the title to the property. Bsually you,ll #e assigned a date within one week to 7 months out% depending upon how #usy your ?ounty is. +ou can use a neigh#oring county as you have residency in the State if it will #e faster $regardless of where the property is!. Due process of law is done with discovery% where the court reviews your% the plaintiff,s% position. .ntroduce yourself. (hy are you here4 +ou,re here calling for the <rder of the ?ourt. (hat do you want4 +ou show your notari)ed% certified and registered documentation at the State and Aederal level " you want reconveyance of the ownership interest and entitlement to your property and you want the court to e>ecute the order. +ou want your property #ack and your credit restored. <n what grounds4 +ou,ve #een corresponding with the #ank and no 8ualified institutional #anker has responded " only this fact needs to #e acknowledged #y the court. The #ank has failed to correspond. The court has to rule on your side% #ecause what you,re presenting is how the #ank has not upheld its legal o#ligation to correspond with you in your negotiation a#out the mortgage. Proper documentation% perhaps C3 pages or so% some of which go to the #ank and some of which are the court case% and proper presentment of documentation in a court of law leads to success.

/D:A:*DA*T ?DA.MS T=AT PDA.*T.AA =AS A ?<*TEA?TBAD <0D.@AT.<* T< D:A:*DA*T: That is why Defendant claims that Plaintiff owes a de#t to Defendant. This is contract law. Aull disclosure from #oth parties to the contract must occur or the contract is ultra vires $void since inception!. Still% to date% Defendant refuses to produce and to comply. .f Defendant claims that there is a contractual o#ligation #etween Plaintiff and Defendant through an alleged contract referred to as /the loan agreement5% then Defendant has $pursuant to contract law and common sense! the contractual o#ligation to produce and disclose and comply. .f Defendant claims that Defendant has no contractual o#ligation to produce and/or disclose and/or comply% then Defendant claims that there is no contractual o#ligation #etween Plaintiff and Defendant. .f there is no contractual o#ligation #etween Plaintiff and Defendant% Defendant has no legal right to continue any collection activities or foreclosure against Plaintiff. Plaintiff demands the court to compel Defendant to produce and comply with PlaintiffFs demands or for Defendant to give Plaintiff a full deed of release.5 ?ite all the specific codes% particular State statutes and case law to show e>actly where it is written that the #ank is o#ligated to respond or release the de#t. .rrefuta#le evidence e>ists in the ?onstitution of the Bnited States% the ?onstitution of every state% the Bniform ?ommercial ?ode% the Aair De#t ?ollections Practices Act% 2 BS? and plenty of case law. Bnder contract law a party to a contract must respond when another party has 8uestions a#out the contract. This is the #asis of all commerce and a fundamental principle of contract law. *o response means the contract is no longer current. .t is no longer currency/current sea. .t is an a#andoned vessel. This all comes down to the #ank,s failure of correspondence% which is #reach $of the hull of the vessel on the current sea!. =ere are a couple of the #est known decisions from Aederal case law $there are many others!: Silence can only be equated with fraud where there is a legal or moral duty to speak or when an inquiry left unanswered would be intentionally misleading. Fraud vitiates even the most solemn agreements. (hile many have used similar case law and concepts to void mortgage contracts and esta#lish new contracts% your process seeks only to enforce the terms of the e>isting contract% instead of creating and enforcing a new one. This simple approach #ears no #urden of proof #eyond the e>isting state of things% and that,s why it works. +ou don,t dispute the de#t& you only re8uire performance under contract law on the e>isting contract. %'A %( )s"*t t!e mortgage a+out trust la# a"d "ot co"tract la#, -T!ere is "o full disclosure re.uireme"t u"der trust la#/ so #!y does t!e +a"k !ave to a"s#er,0 A: The #ank .S o#ligated to disclose% for two reasons: Airst% all parties have a for6profit interest% thus contract law applies% not 9ust trust law. :verything is a trust% #ut a strictly for6profit trust must conform to contract law. Second% there are multiple trusts in play in the mortgage scenario: the property purchase% the note% the deed of trustG The only one you,re interested in is the implied trust for which the paperwork $note% deed of trust and other docs! is the res of the trust and for which the servicer #ank is the trustee. +ou% the /#orrower5 are the @rantor and a 0eneficiary of that trust. The @rantor selects the law form. +our claim esta#lishes the law form as ?ontract Daw% thus the #ank must /produce and disclose and comply5. %( Does t!e loa" !ave to +e less t!a" t!ree years old, -1r more t!a" t#o years old/ or a"y ot!er duratio" of e2iste"ce,0 A: *o. Makes no difference whatsoever when your loan originated since the success of this method is not #ased on offsetting the account #ut rather on the servicing #ank,s non6performance.

%( W!at if )*m i" a +i"d rig!t "o#3!ave received otice of Trustee Sale3am already i" foreclosure, -a"d all like .uestio"s0 A: The process re8uires roughly H to I weeks to complete depending on court schedules. .n the past% people who have #een short on time have gained the time they need in one of two main ways. They either transferred the property or an interest in the property #y pu#licly recorded deed to another individual $not to a trust or company! or they filed #ankruptcy. :ither of these could potentially #uy you the time you need. +ou might visit some sites like www.#ridgport#ankruptcy.com for more info on how to do this without the e>pense of a lawyer if money is tight. They provide same6day 0J docs cheaply. Most people who used this approach canceled their #ankruptcy after #uying time with it and avoided the #ankruptcy on their record. Most of the H to I weeks is waiting for a court date% so you can also accelerate the process #y choosing a court that can fit you in as soon as possi#le. .f you live in a #ig county full of foreclosures% filing the claim in another county in the same state will likely land you an earlier hearing date. %( Does t!is #ork i" &a"ada3Australia345, A: +es% in principle. +ou,ll need to look up the proper codes and statutes. %( &a" ) !ave a la#yer go i"to court for me, A: +es and no. Technically% you could% as this is a pu#lic process. There is no need to have a lawyer represent you though% and it would cost you money you don,t need to spend. The strength of this process is its simplicity. %( W!at if ) !ave already do"e a" admi"istrative process3se"t correspo"de"ce to t!e +a"k, A: @reat. Dearn to su#mit your claim privately to the 9udge% reserve all your rights% stand on your claim in court and get your remedy. Jnow that if you #ring the court action as plaintiff on your administrative process you will need to prove #y prima facie evidence that the #ank has no standing/is not the true creditor/has no interest in the real property/committed fraud/has unclean hands/is guilty of something. The #est approach may #e to stand on your claim as defendant if the #ank #rings an unlawful detainer $eviction! action ahead of our process on the time line and run our process concurrently as plaintiff. .f you do this and our claim goes in first% you will want to use our process alone without your administrative process in evidence when you are the plaintiff. +our administrative process #ecomes a great insurance policy if the #ank leads the way in pu#lic procedure and you wind up a defendant. %( )s t!is like 6o!" Stuart*s process, A: *o% #ut Kohn,s got good stuff. =is process is powerful #ut re8uires more know6how in the courtroom than this. (hile his approach is good% it is still in the trial and error phase% and the results are 9ust coming in. .t,s a #it more involved in court% despite its apparent simplicity% and the results appear to #e a #it more mi>ed for this reason. .t,s great to com#ine his work with your administrative process as defendant in an unlawful detainer case or 9udicial foreclosure #rought against you. +ou can find it at www.privateaudio.homestead.com on Mike Eothermel,s page.

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