Date:   10/19/2015 8:32:34 AM ( 9 y ago)
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URL:   https://www.curezone.org/forums/fm.asp?i=2283185

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Between 2005-2008 most if not all the Notes were never put into the Trust, because the loan originators never intended to retain the mortgage because they were contractually obligated to sell it before you even got the loan. They were never concerned if the loan was paid back or if the language on the contract was valid or if the Note was put into the Trust. Their only goal was to generate fees for their services. They didn’t keep good records of who owed what to whom because the point was never about getting paid back, it was about moving as much loan volume as possible as quickly and as cheaply as possible so they could collect their fees for originating loans.

Most if not all of these loans violated the pooling and servicing agreements that govern the trusts. If these lenders would have put the Notes in the Trusts, everyone would have seen the loans were bad and investors were getting ripped off. So that's why most if not all of the Notes were never put into the Trusts.

The Servicer, Co-Trustee and Trustee were supposed to certify that all the paperwork for each pooled mortgage was put into the Trust, which they did certify. That means they lied and committed fraud on investors and borrowers.

A beneficiary is the one who holds your Note AND receives the benefit, which is your monthly principle and interest payments. The Trust allegedly holds the Note (which in most cases is a lie) but Investors receive the benefit. So there is no real beneficiary who holds the Note AND receives the benefit. If you look at the Note for your home, it will say something like, The Note Holder is the person who holds the Note AND is entitled to receive payments. And if you look further down the Note it will say something like, Payments are principle and interest payments made monthly for X amount of years. The serucitized Trusts only supposedly hold the Note, so the Investors receive they principle and interest payments you make each month.

And in most cases there is no legal Trustee. There was a Trustee on the Deed, but in less than 90 days after signing, the mortgage was sold. So that Trustee on the Deed is no longer the Trustee, because they would have to sign an new agreement with the new Note/Mortgage holder, which never happened unless you were getting foreclosed on. That's when they would assign a new Trustee and record it, because without that, they couldn't foreclose. So in my case I haven't had a Trustee for over 10 years now.

It's the same case for anyone who has a securitized mortgage and is still living in their home. Ever since they sold your loan to the securitized trust, you haven't had a legal Trustee or Beneficiary, which is an illegal mortgage. There isn't any legal lien on your home.

This is the easiest way to beat these fraudsters. Show they violated the terms of your mortgage from the time you signed until now or when they're trying to foreclosure. Plus if there is no Trustee or Beneficiary during this time, the mortgage didn't have a legal lien on it and violates state law. You have to have a Borrower, Trustee and Beneficiary to be legal. Without that, there is no lien on your home.

And if they have been taking your monthly payments all this time, they have stolen your money which you can get back through court.

And if there was no legal lien on your home, guess who owns it? Yep, you do. No one has a legal right to it except for you. You acted in good faith and upheld your end of the deal and have openly lived on it for x amount of years and paid the taxes on it. If you've lived on it for 7 years or more, it's yours through what is called adverse possession even if you never made a payment on the mortgage, as long as you've paid the taxes on it.

And if you really want to get nasty with them, you call your servicer and get the name of the Trust your mortgage is supposed in and get a certified copy of the pooling and servicing agreement from the SEC and show how they violated that too.

And if you want to nail them even more, you buy the book I mentioned in the other post and show how they violated national law. That's where I'm at.

So you can nail these crooks in a few ways. There is nothing they can do about it since they did this stuff right after you signed for your mortgage. They can't redo it. It's already been done and they can't change that. You can't un-kill someone. And they killed the mortgage right after you signed for it. Like mine, they can add more fraud on top of the fraud in an attempt to appear like they fixed it, but it only works in your favor if you know how to nail them.

 

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