Judge: [responding to a Borrower]
Mr. Borrower, at Cornell University they have an incredible scientific equipment known as the Tunnel Electron Microscope. Now this microscope is so powerful that by shooting electrons you can see images of the atom, the infinitesimally tiny building blocks of our universe. Mr. Borrower, if you were using that microscope right now, I still wouldn’t be able to locate my interest in your problem.
The television series Frasier.
Does “The Security Instrument” Sound Like Part Of Your Home Loan? If you go to court, your Suitor / Lender will say that they signed it with their eyes wide open. What the heck is it then, right? Well, it’s the linchpin in ALL ILLEGAL FORECLOSURES since the mid-1990s.
In the first “Pro se Primer 101 of the terms you need to know to combat illegal foreclosures, which can be found on this website, I described the relationship of the” Essential “document (instrument actually, but this is Manual 101) what is the Promissory Note and how does it represent the debt you owe.
He allegedly signed both the Note and the Security Instrument (mortgage or deed of trust) at closing. But I am sure that 99% of my readers did not know what document it was and if they saw it again they would not recognize it as theirs.
But, this Security Instrument is the only document used by these genius attorneys on behalf of the Fictitious Beneficiary (actual legal term) to throw you and your family out on the streets. They used it to foreclose on borrowers and it is not only illegal but incredibly stupid. But it has worked against unsuspecting borrowers roughly 20 million times.
You see, what the Security Instrument is meant to do is follow your Promissory Note and it is the rule book for your loan. Describe your loan. It describes the promissory note and is the only proof that you even received a loan. It describes what happens if you pay off your loan and describes what all parties can and cannot do if you cannot pay your loan.
But, it is not evidence that the foreclosure party owns your Note. It has no value and you cannot transfer ownership of your loan (Promissory note).
Still, the only claim I’ve seen from these “Foreclosure Parties” is that they were assigned the Security Instrument and that means they can take your home.
That is not true. But nearly all of the foreclosures in the last 20 years were done by invoking the Assignment of the Security Instrument.
But, let’s go back to the first Pro Se Primer 101 and the word “mortgage”. We talk about it having two definitions or meanings, but that is not legally true. The word “mortgage” is basically a slang term for “home loan” for citizens in all 50 states and DC and some of those semi-state islands. For you people in judicial foreclosure states, this means that you can only be foreclosed on by the party who actually has a legally valid interest in the property and go to the proper court and file a foreclosure claim. Judicial foreclosure is much better for the borrower.
But Judicial Foreclosure affirms that in their states they call the Security Instrument a mortgage. So you, the people who live in those states, have a home loan that consists of a promissory note and a mortgage. Of course this is confusing.
Now, I’m going to confuse you even more. The instrument of security in non-judicial states is called a Deed of Trust.
I will not be able to clarify all this in this first manual. You see, the phrase “Trust Deed” has two out of three words that will be the subject of how everything works and how everything doesn’t.
Let’s talk about the word writing. There is much to confuse you. The word trust has three different meanings. You can see it coming from everywhere. I’ll get to those right away. I know you are curious.
So take this from this article, the Note is essential and the mortgage or Deed of Trust is incidental. Foreclosing “under the mortgage” just means that the mortgage was used as the rule book. You foreclose on the promissory note.
This could help. I say it all the time.
‘When you make a house payment, you are not paying for your house, as we say. When you make a house payment, what you are really doing is buying back your signed promissory note.
But it is the judges who are being deceived. A “mortgage assignment” sounds like a mortgage loan assignment, but it IS NOT. In fact, you cannot assign the mortgage. It belongs to the Promissory note. So, the assignment of a mortgage does nothing because the Promissory Note does not follow a mortgage (security instrument). But a mortgage always follows the promissory note.
I promise you that I am right. If you were repossessed after 1995, there was no actual Note anywhere and your foreclosure was based on a foreclosure assignment. Not because that is legal. In fact, it is not legal at all. It just can’t be done.
OK, you ask me, so how did it happen? Well, I have tried to keep my faith in the integrity of our American courts, but I was a fool.
Most judges in America (1) never read the laws regarding money loans, (2) They are too stupid (excuse me, but there’s no other way to say it) to understand basic American law even if they read it, or (3) They are prejudiced and prejudiced and the lawyers of this country (which everyone knows is a cult like the one Kevin Bacon’s character Ryan Hardy fights in “The Following) will not challenge the judges when they are wrong. So, read all the law you want, give me a call, like my clients do, and tell me you found one more good law you want to show me.
Our laws are not bad and my clients are not deceived. They are, without question, the same actors that we trust and should be able to trust, and we cannot trust that they have displaced twenty million American families into essentially refugees. If there are about 3 people on average in each family, that’s 60 million American refugees. More than all the trouble spots in the world put together. It is still happening.
If evil triumphs only when good men do nothing, what are you going to do?
THE STATEMENTS OF JUDICIAL FORECLOSURE ARE:
Connecticut, Delaware, Florida. Illinois, Indiana, Kansas, Kentucky, Louisiana,
Maine, Maryland, Massachusetts, Nebraska, New Jersey, New Mexico, New York,
North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota,
Oklahoma, South Dakota, and Wisconsin have non-judicial foreclosure provisions in their state laws; however, foreclosure lawsuits are common
THE NON-JUDICIAL FORECLOSURE STATES ARE:
Alabama, Alaska, Arizona, Arkansas, California, California, Colorado,
District of Columbia, Georgia, Hawaii, Iowa, Michigan, Minnesota, Mississippi,
Missouri, Montana, Nevada, New Hampshire, North Carolina, Oregon, Tennessee,
Texas, Utah, Virginia, West Virginia, Wyoming