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In foreclosures the complaint should contain the following statements:
- Plaintiff loaned Defendant money (or Plaintiff bought the loan from someone who loaned money). See Exhibits showing the closing documents, canceled check, and current bookkeeping records showing the status of the loan.
- Plaintiff is the owner of the loan as shown in the note receivable account maintained by Plaintiff as shown in the attached exhibits.
- Defendant failed or refused to make payments pursuant to the agreement (note) executed by Defendant as evidence of the debt.
- Defendant executed a mortgage lien (deed of trust) as collateral to be sold in the event of default for the purpose of recovering the debt owed by Defendant to Plaintiff.
- As a direct and proximate result of the Defendant’s failure to pay the above debt when due, Plaintiff has been damaged in the principal amount of $258,900.36 plus accrued interest, expenses and costs all as set forth in the record of the defendant’s account.
- Plaintiff has sent notices of delinquency, default and acceleration as required by the mortgage and note, copies of which are attached hereto as Exhibits. Defendant was given an opportunity to reinstate as per the attached exhibit and has failed or refused to do so.
- Plaintiff has offered the Defendant the right to modify the loan if the Defendant qualified for new underwriting of the loan as required by the Dodd Frank Act and the HAMP laws and rules.
- All other conditions precedent have been performed as required by law and contract.
- In accordance with the terms of the mortgage (or deed of trust), the property should be ordered sold to satisfy the unpaid portion of the note receivable account owed to Plaintiff.
Your mortgage documents are fake!
Prepare to be outraged. Newly obtained filings from this Florida woman's lawsuit uncover horrifying scheme (Update)
Lynn Szymoniak (Credit: CBS News/60 MInutes) >> If you know about foreclosure fraud, the mass fabrication of mortgage documents in state courts by banks attempting to foreclose on homeowners, you may have one nagging question: Why did banks have to resort to this illegal scheme? Was it just cheaper to mock up the documents than to provide the real ones? Did banks figure they simply had enough power over regulators, politicians and the courts to get away with it? (They were probably right about that one.)
This reality, which banks did not contest but instead settled out of court, means that tens of millions of mortgages in America still lack a legitimate chain of ownership, with implications far into the future.
And if Congress, supported by the Obama administration, goes back to the same housing finance system, with the same corrupt private entities who broke the nation’s private property system back in business packaging mortgages, then shame on all of us.
The 2011 lawsuit was filed in U.S. District Court in both North and South Carolina, by a white-collar fraud specialist named Lynn Szymoniak, on behalf of the federal government, 17 states and three cities. Twenty-eight banks, mortgage servicers and document processing companies are named in the lawsuit, including mega-banks like JPMorgan Chase, Wells Fargo, Citi and Bank of America.
Szymoniak, who fell into foreclosure herself in 2009, researched her own mortgage documents and found massive fraud (for example, one document claimed that Deutsche Bank, listed as the owner of her mortgage, acquired ownership in October 2008, four months after they first filed for foreclosure). She eventually examined tens of thousands of documents, enough to piece together the entire scheme.
A mortgage has two parts: the promissory note (the IOU from the borrower to the lender) and the mortgage, which creates the lien on the home in case of default. During the housing bubble, banks bought loans from originators, and then (in a process known as securitization) enacted a series of transactions that would eventually pool thousands of mortgages into bonds, sold all over the world to public pension funds, state and municipal governments and other investors. A trustee would pool the loans and sell the securities to investors, and the investors would get an annual percentage yield on their money.
>>click>>CONTINUE READING YOUR MORTGAGE DOCUMENTS ARE FAKE [FRAUD]<<click
http://www.globalresearch.ca/the-us-corporation-as-psychopath/5345811
There are a number of common denominators that link human criminals and corporate criminals that populate the Fortune 500 list (like Union Carbide, WalMart, Dow, Monsanto, Merck, Nestle, Enron, British Petroleum, Halliburton, etc, etc). For one, the corporations, being just as afraid of facing the music as were Henry Kissinger, Bernie Madoff, Ken Lay and the multitude of others of their ilk, will use any means necessary to evade or delay justice. Similarly, none of them will admit their guilt and none of them can be expected to show any genuine remorse for the massive human suffering their actions have caused.
There are a number of common denominators that link human criminals and corporate criminals that populate the Fortune 500 list (like Union Carbide, WalMart, Dow, Monsanto, Merck, Nestle, Enron, British Petroleum, Halliburton, etc, etc). For one, the corporations, being just as afraid of facing the music as were Henry Kissinger, Bernie Madoff, Ken Lay and the multitude of others of their ilk, will use any means necessary to evade or delay justice. Similarly, none of them will admit their guilt and none of them can be expected to show any genuine remorse for the massive human suffering their actions have caused.
The quasi-humans who meet the full criteria for this diagnosis are incapable of showing genuine remorse if or when they are caught, convicted or punished for their crimes. Below are seven diagnostic criteria that are used to diagnose antisocial (aka, sociopathic or psychopathic) personality disorder (be mindful that only three of the seven are needed for a positive diagnosis):
1) callous disregard for the feelings of other people,
2) the incapacity to maintain human relationships,
3) reckless disregard for the safety of others,
4) aggressiveness,
5) deceitfulness (repeated lying and conning others for profit)
6) incapacity to experience guilt, and
7) the failure to conform to social norms and respect for the law.
Other common traits include these:
No conscience
Lack of remorse for evils done to others
Indifferent to the suffering of its victims
Rationalizes (makes excuses for) having hurt, mistreated or stolen from others
Willingness to exploit, seduce or manipulate others
No sign of delusional or irrational thinking.
Cunning, clever
Commonly above average intelligence
Always looking for ways to make money or achieve fame or notoriety
Willing to cause or contribute to the financial ruin of others
Untrustworthy
Cannot be trusted to adhere to conventional standards of morality.
TO WHO AND WHOM THIS CONCERNS:
I DID NOT ASK FOR $NINETY-FIVE MILLION DIGITAL UNITS, BUT THE TIME DRAGGING ON IN AN INTENTIONAL TO DO SERIOUS DEADLY HARM, AND MORE, CERTAINLY OPENS THE DOOR TO RECONSIDERATION OF STOLEN PROPERTIES TO THE SUM OF?
DERIVATIVES, MY SOCIAL SECURITY NUMBER AND 'MONIES' STOLEN, THEN ADD THE INTELLECTUAL PROPERTY/IES, CREDIT SCORES, NAME MONETIZATION, THERE ISN'T ANY WAY IN WHICH THE SHADOW-HIDDEN COMMUNIST 'GOVERNMENT' DOESN'T PROFITEER [RICO] OFF OF AMERICANS.
MY EYESIGHT WAS INTENTIONALLY ATTACKED AND THE PORTLAND POLICE BUREAU [PPB] LAUNCHED AN AGGRESSIVE, IN FACT A FROTHING-LIKE VIOLENCE IN THE FACES OF THE WHOLE OREGON PUBLIC, TO MAKE CERTAIN THIS COLD BLOODED KILLER RONALD FRASHOUR III, WHO ALSO ATTACKED ME, HE GOT TO BE PAID TO 'POLICE' THE CITY OF PORTLAND AND COUNTY OF MULTNOMAH, OREGON STATE. HE GRADUATED FROM THE UNIVERSITY OF OREGON, HE SAID IN HIS DEPOSITION, AND HIS CONCENTRATION WAS 'HISTORY' .. UH HUH, RIGHT. HE WAS COMPLETELY DUMB REGARDING THE UNITED STATES CONSTITUTION. AND DUMBER THAN HIM, BECAUSE HE WAS 'OFFICER IN CHARGE' AND LIED TO PROTECT HIS 'JOB', STEVEN SULTAN STAUL.
WHAT A TOWN, PORTLAND AND WHAT A STATE OF TRULY UNDISCLOSED HOSTILE SECRET GOVERNMENT. USING A NON-JUDICIAL FORECLOSURE TO ENRICH THE CERTAIN THAT ARE CERTAINLY KNOWN BY THEIR NON-REPRESENTATIVE OF OUR GREAT COUNTRY'S REAL UNITED STATES GOVERNMENT: FULL TRANSPARENCY.
POLICE MILITARY COMMUNIST HIDDEN SECRET GOVERNMENT ~TO BE LIKE CHINA AND RUSSIA AND THE 'STATES' THAT AREN'T CONCERNED ABOUT TRUE TRUTH IN JUSTICE AND THEREFORE, DUE PROCESS LAW AS HELD TO BE A CIVILIZED REALITY ~ISN'T TWENTY-FIRST CENTURY AND WE ARE, IN THE CENTURY TWENTY-ONE.
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