BOOM! Foreclosure Reversed...No Proof of Standing!
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- Опубліковано 5 сер 2015
- William Russell appeals a final judgment of foreclosure entered in favor of Nationstar Mortgage, LLC (Nationstar), following a bench trial. We reverse because Nationstar failed to establish that the original plaintiff, Aurora Loan Services, LLC(Aurora), had standing to foreclose at the time Aurora filed the foreclosure complaint.
www.2dca.org/opinions/Opinion_...
unpaid debt? it was a promise to pay, the moment you sign the mortgage the house is paid for and then the lender runs off with the promissory note , triples it, cashes it and triples the amount of the mortgage for starters
Actually they are allowed to borrow 10 x more than the amount of the " loan"
well that figures
@@purplerose5316
The problem is people are giving blank indorsements
Re: Power of Attorney , A power of attorney can allow someone to manage your financial affairs or make health care decisions in the event you become incapacitated. To transfer a power of attorney from one agent to another, you will need to revoke the original power of attorney document and write a new one.
We need an attorney like that!! Is it possible to get his info? My sister has been going through the same for many years with various servicers. She has been on an never ending roller-coaster with this entire matter. This case is my sisters case, but with different lenders and servicers. Can we get a referral ???
agreement and settlement with the State of New York should cease and desist from their illegal foreclosure activities. Jessica Bookstaver herself has committed perjury as a matter of record in this case before this court, as proven within.
2. For the reasons set forth below, Plaintiff's case must be dismissed for criminal fraud and lack of standing, and Rosicki, Rosicki and Associates and specifically Jessica Bookstaver, an attorney duly licensed to practice law in the State of New York, must be sanctioned for her acts of perjury before this court.
3. As evidenced by the record of this case, and as recorded in the Registry of Deeds, the Plaintiff sold "any and all" interests in the real property involved in this litigation known
IN MY OPPINION THE ALLEGED LENDER FAIL TO FOLLOW THE GAAP ACCOUNNTING LAWS AND MUCH MORE THAT WON' FIT HERE
1 The contract should be rescinded because the attorneys did not provide full disclosure, the contract is extremely deceptive and unconscionable, In re Pearl Maxwell, 281 B.R. 101. The Truth in Lending Act, Regulation Z, 12 CFR §226.23, states that the security agreement signed with a lender can be rescinded if they have not provided the proper disclosures.
2. The original debt was zero because the Plaintiff’s financial asset was exchanged for FED’s promissory notes in an even exchange. Promissory Notes and other commercial instruments are legal tender, financial assets to the originator and a liability to the lender.
3. If a security interest in the note is perfected, by recording it on a lien as a registered security, the maker or originator becomes an entitlement holder in the asset.
4. But the attorney’s do not understand that they have this liability because most of them are unaware of it.
a. UCC §1-201(24), §3-104, §3-306, §3-105,
b. UCC §§8-102 (7), (9), (15), (17), §8-501, §8-503, §8-511
c. UCC §§9-102(9), (11), (12)(B), (49), (64)
d. 12 USC 1813(l)(1)
5. The records will show the defendants have an offsetting liability to the plaintiff pursuant to FAS 95, GAAP and Thrift Finance Reports (TFR).
The bank refuses to disclose material facts of the alleged agreement and refused to tell if the agreement was for the borrower to fund the alleged bank loan check or if the bank is to use the bank's legal tender or other depositors' money to fund the bank loan check.
They refused to disclose whether the check was the consideration loaned for the alleged promissory note.
The bank failed to disclose if the promissory note is money or not money.
It appears the bank recorded the promissory note as an unauthorized loan from the alleged borrower to the bank.
They committed and conspired to commit real estate deed fraud when they failed to deliver the property deed as mandated by the state property transfer statute.
The electronic credits called the mortgage loan was generated by the alleged borrowers' signature on the promissory note.
The words stamped on the promissory note “pay to the order of” without recourse will verify the bank official who signed there, received the electronic credits called the mortgage loan.
There was no exchange of money in the mortgage loan.
Valid conveyances require that the executed deed be delivered to and accepted by the grantee.
The property deed was never delivered or accepted by the alleged borrower.
They committed acts of forgery when they fraudulently made false documents and altered real documents as if they are genuine.
The fact the alleged lender accepted the alleged borrower's signature on the mortgage lien proves the alleged borrowers owned the property already.
The first illegal mortgage lien was placed on the property after the unlawful registration.
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can you help me? i got summons for foreclousre @@algotrader8734
The note is the property of the borrower. The UCC says that the note can be treated as a draft or a note if it meets the definition of both. It can also be treated as a check even if the title to the instrument differs like money order. The bank deposits the note as a check per title 12 section 1813 l Definition of a deposit. The note is payment in full for the house and the bank accepts the note as a draft to pay for the house. The borrower MUST own the house free and clear in order to pledge the house to the bank in return for the " loan ". The bank doesn't issue a check at the closing because of Regulation Z. So how did the borrower get the right to pledge the house before any money has been dispersed. The only way for the borrower to be the owner of the house in order to pledge the house is for the promissory note to have paid for the house free and clear. The bank has an obligation to explain the loan process and had a duty to disclose that the promissory note is cash to the bank. In our fiat monetary system the bank has to pretend to lend money thru the use of debt paper. The Wealth of the Nation being drained from the American people with a currency swindle. Don't the Judges know how a modern bank loan works and that the borrower funds the loan by law with the promissory note. Don't the Judges know that the bank doesn't have a penny of risk in the loan.
Neal Davis Email please. Fighting foreclosure now any info can help
The judge know
@@speakvanholding247etcmost definitely.he is a blanker
@@dreblacc8162 He sounds like a barstool lawyer. Take anything like that with a shovel of salt. Five years on, how did things turn out?
@dreblacc8162 did you end up getting help
She torpedoed her own case from 9:50 onward...
I like that the judges hearing it LET her go down that rabbit-hole just long enough to provide her the rope needed to make her hanging unavoidable... to mix metaphors.
And she had hanging not standing
This video, and the decision of this appellate court which is linked in the description notes above, is important for several reasons. For me the most important for you layman viewers is this: only about one third of the states (including Florida obviously and NY among others) require a formal foreclosure suit in court with pleadings and evidence, and opportunity to litigate in defense.
But in other states the mortgage note holder and/or mortgage servicer have only to follow an administrative filing procedure on notice to the borrower, in order to foreclose but without the due process of a full suit thereby with far less protection for the homeowner-borrower. In these states you can contest it, but not with the full protection of due process afforded by the full suit states. Be careful to learn what the rules are in your jurisdiction and I'd suggest retaining a closing attorney during the purchase if you are the borrower. Having real estate counsel is the norm in my state but I realize it is not in most states where buyers and sellers simply let the listing broker handle all paper work. Not good enough.
Is that Former US Attorney General Barr?
Banks dont loan their actual hard earned money due to fractional reserve. This should be fraud.
NOR. DAKOTA, HAS VIRTUALLY No Foreclosures, because they have a independant Banking system. Then April 25th, we found the NEST of the Calif. Crooks: ua-cam.com/video/Jtr5WkUsYDk/v-deo.html and the Crooks did NOT like it.
Lemmie get this straight: "the note" and 'the mortgage" itself 'went in different directions?" Seriously, What TF? Who ends up being the creditor who actually is entitled to collect the monthly payments, or foreclose in the event of default? And how is an ordinary borrower supposed to deal with this cluster..k?
self educate and hire a competent attorney to help do this for you and pay them well afterwards. these banks are allowing you to get mortgages and committing fraud in the process..
NOR. DAKOTA, HAS VIRTUALLY No Foreclosures, because they have a independant Banking system. Then April 25th, we found the NEST of the Calif. Crooks: ua-cam.com/video/Jtr5WkUsYDk/v-deo.html and the Crooks did NOT like it.
Chain of command. Who what when where provide all notarized agreements in the proper order
Oh study it a while the whole system is backwards fraud
Once they sell it to another company u can discharge this and keep home correct?
The Note was satisfied when cashed through a financial institutions TTL window. Thus the debt was paid at that time and the mortgage becomes a nullity.
After some research I found this for Lee County Florida, Clerk of courts web site. It appears that Deutsche has re-filed the foreclosure. You can't see all the documents without requesting them. That is the issue in these cases, if the note holder gets all the assignments correctly executed, or what it looks like here, does the foreclosure themselves, they simply re-file.
16-CA-003778 : Deutsche Bank Trust Company Americas, atf Residential Accredit Loans Inc Mortgage Asset Backed Pass Through Certificates Series 2006 QH1 Plaintiff vs Russell, William Craig et al Defendant
Good scene and good arguments.. just wish you'd put the decision in and how it was determined by the justices...
jondano 824 ..I totally agree, was thinking the same thing. If they'd at least notate the county or circuit, and case #, it would be a lot more understood.
Link to decision in description box!
This is an oral argument, there was no judgment at the point that this video was made.
Where's the ruling? I would note, George Soros is owner of the bank holding the note and I would have anticipated sharing this with a rather large group (as many as 18 million page views per week) but, the ruling was not included in the video. Is this because it is a appeal?
Arguing a case in Appellate Court is a pretty big deal. Lawyer for Nationstar/Aurora seems to be rather inexperienced and flustered throughout her time. I have no legal background, but I could understand what Mr. Russell was trying to say to the judges. The other lawyer I had no idea what she was trying to get around to saying.
Florida has become a game of Russian roulette when buying a house. I've lived here most of my life and don't think I will ever buy here. Before the housing crisis, the things mortgage companies did to write loans were idiotic. Interest only mortgages to fast food drive thru workers, etc. There are some neighborhoods that are almost entirely owned by banks due to foreclosures. People use to own their homes in America, finding someone who owns their home outright now is like finding bigfoot.
Bredaxe: That's because the titles to the homes are feudal, they used to be allodial ...... Our judicial system appears to be paid for, as do our lawmakers ........ I do like your comment though ;)
@@garymaxfield7120 but doesn't the allodial title has to do with having rights to the air??? We have allodial title by birth?
@@germanyinthehouse Never heard of 'allodial', but what I think gary maxfield, barstool lawyer extraordinaire, may be referring to is the following:
Our legal tradition is heavily based on English legal tradition, and for the legal system in the British Isles the year 1066 (yeah, that's how far back we're going) was a watershed event.
Prior to that, an Anglo-Saxon view of law and justice prevailed. After 1066, a Norman system of justice supplanted it. It flipped the relationship between rulers and the ruled on its head. The new feudal system gave all rights to the king, and from the king flowed specific rights down the feudal hierarchy. All the lands, all the resources, all the wildlife, was the kings, and it was only with the kings, or sovereign's, permission that a subject was allowed to farm, hunt, build dwellings, or harvest any resources.
The only right not limited in this fashion is the right to breath, it's allodial. Water rights are feudal.
Maybe that is basis on which he thinks the Florida system operates. Maybe that is also the basis why a property can be burdened with property taxes, and why the county can confiscate the property and kick the owner off if those taxes don't get paid.
Brilliant attorney !
A dismissal for lack of standing is not a long term win in many states. The courts have essentially ruled that when a foreclosure is dismissed for lack of standing it means they didn’t have the authority to accelerate the debt, which would make the next action timely
That shit is fraud
Lady, go home... nobody is the holder of the note except the borrowers..yet the Note is cashed,once monetized it is DESTROYED!
This lawyer is a stud!
You must mean Judge Salario.
wow seems like a good judge
I think Nationstar are corrupt in their practices .they ignore requests for documentation.
the worst.
Selene is slime too....no one anywhere has anything good or even neutral to say about these criminals
Aurora is even WORSE. They are CROOKS plain and simple.
Of course their corrupted, they got rid of your Republic form of government and took your Gold. Gave you this Democracy and paper fiat to keep Americans in Bankruptcy since 1933. Your tenants to the United states it wont be long before your rule over by the United Nations it would have happened if Hillary Clinton became president.
@@CopperAboriginies And the award for the most right-wing conspiracy tropes in one sentence goes to ..... CA!! Congrats, you win this comment section, even tho the competition was out there.
And where does anyone find an attorney like this and how much money did they pay him ? If I could find one and I could afford one, I would do this because I am 65 too stressed by all of this and losing everything if we loss is to scary the alternative is defacto.........hand them the blood money
It would be nice if you noted what Jurisdiction and what state?
So what's the verdict??? Let us know what the judge says!
so where is the actual judgement in regards to the reversal?
He named two other cases, that were the basis for his argument
@@phanessagrace I'm looking for the cases he cited but can't understand what he said. Do you have any source material or proper name.
the I thing the banks attorney needs to find a different job, to much of her argument seems like a temper tantrum.
Florida Statutory Deed, has the SUBJECT TO: (subject to existing mortgage) I wonder if this actually works or they will foreclose and have a deficiency suit pending. A foreclosure sale does not always sell the house and abate foreclosure on the homeowner.
So basically she gave up the cakes to last judge for no reason😢😅 these folks refuse to stop getting over on folks
HE WAS LIKE WHAM BAMN THANK YOU MA'AM !!!!
wow, this lawyer is good!
soo where was the reveres??
@Matthew Weidner you’re only specialized in Florida’s mortgage?
Like the videos but I hate not hearing the judges take on the case. From what I understand they don't rule on it at the time but I wish there was a follow up done.
can you imagine the kind of chaos of we treated car loans and repos the same way?? It would be bedlam in court.
this is why you should always ask for the original note (promissory note is a medium of exchange) back when you pay your mortgage off
How does one do that when the bank refuses? I recently paid off my mortgage, and was adamantly told I would only get a satisfaction of mortgage statement.
Just guessing, but I think a promissory note can be traded like a stock or bond. The PN may have changed hands a number of times, together with the benefits it carries to changing assignees (that's why real estate contracts are often worded to a named party - Joe Blow - 'and/or assigns'. Same thing happens with just about all loan contracts (cars, large appliances, etc).
That way they can be legally bundled and sold to investors.
A satisfaction of mortgage is the instrument to extinguish the PN, I think.
Correct me if I'm wrong.
I would like to read Thea actual opinion but can't locate using the link in description. Would some who found it share it please?
Way to go!!!
yes that is true..139...just proof of signature of clerk who release both deeds outside country.
Here in PA apparently proof of perfection of title as evidence will not win you a case. Lawyers I have consulted smiled at me said I have no fight.
beautiful argument.
When you were a kid your parents taught you about piggy banks. They taught you that you could save by depositing money in the piggy bank. One day a friend came by and you loan him money from the piggy bank. That is what you learned in the first grade. Now you are an adult BUT you still have a 1st grade understanding of how banks work. How can I possibly discuss anything with someone who has a first grade understanding of the topic?
😂
Can you please help me out?
I am in Illinois.
I was going through a double foreclosure lawsuit for a year and last month I stopped the Foreclosure auction with filing chapter 13 Bankruptcy that I don't think it's going to go through so they're going to probably continue with the Foreclosure after all.
I have hired a private investigator for mortgage fraud and they also proved that there is no holder of the note( it was never transferred to anyone )for my first mortgage and the judge denied it and allowed the Foreclosure to proceed.
what can I do?
A chapter 13 BK stops all creditors in their tracks, not just mortgage lenders. A judge will only determine if the Bk is fraudulent or not.
A mortgage investigator (not sure what that is or what qualifications they are supposed to have) cannot represent you in court, and there is too much at stake to skimp on competent legal advice.
Use an attorney experienced in Bks for that, and a competent real estate attorney to prove mortgage fraud. Let them both know what you are trying to accomplish so that they don't end up working at cross-purposes and hinder each other.
My 2 cents. Good luck.
Matter of fact the bank just filed to foreclose 12/16/2016
people don't really own their homes if they can take it away for any reason then you don't really own it
some kind of clickbaiting? or is there a part 2?
It’s in the box the outcome
I'm not a judge ,but body English of the young lady attorney,her hand jestures tells me shes got a heavy burden here!
I commented too soon,she was also shaking her head in agreement of the opposing council at rebuttal
Nation star is sueing my parents for a past due fee that they never wanted to accept a payment my parents kept sending for who knows what reason, they kept making it so difficult to make a simple payment until they made my parents fall behind and in debt
+Crishell Fuentes
Same here..they also apply property inspection fees, ranging from $15.00 to $60.00 per month; manipulating our escrow, they won't apply partial payments.
We've been struggling since Dec.2015...accruing debt to almost $4000.00
Nationstar is threatening a foreclosure.
+D Crider we had the exact same problems, our debt was $7000.00 but my family's only way to keep our home was file bankruptcy , we're just praying for the best
+Crishell Fuentes
Select Portfolio Servicing was our previous servicer in which a HAMP modification was approved and affidavit was signed at our local court in 2013-14. Since then, it transfered to Nationstar. They have risen our monthly payments from $530.00 to $749.00, with additional fees; during a course of 2 years!....Isn't that a breach of contract or Unfair Practices by Nationstar or a direct violation of FDCPA for every monthly increase ? Dont want to sound like I'm ranting, just trying to protect my family and right to homeownership. Thanks for listen...we need help
the worst. I have been investigating this issue for years. if a home has equity they will mess you up. nsm has taken me to hell with their tactics.
+D Crider what state?
She knows she is wrong!
Carpenter v. Longan 83 ( 16 Wall )U.S.
In your heaaaaaaad
In your heaaaad
Zombie e eee ee ....🎵
One last thing, stop foreign lenders and holdings companies from writing home loans. No US soil should be owned by foreign banks.
Bredaxe Fair enough. But in return US businesses can't own companies not in America.
I'm fine with that also. It's always nice to see people in their respective countries take ownership. It's globalization that has created the selling out populations for money.
That's not Bredaxe's argument. If I can read between the lines. The argument is that Amercian real property should not be allowed to have notes or mortgages against them which if in default, that property may become owned by foreign banks. It's like the land that you live on is being sold to foreign banks.
metparker Precisely my intention for the original statement. The founders warned against such transactions as we would eventually find the personal land and property of American citizens in the hands of foreign institutions and government's who have no interest in preserving the ideals of our constitutional freedoms. As they said, to paraphrase, one day you will wake up as a stranger in your own country. That's not right for this to happen to us as it would be equally appalling to me for someone to do that to Germans, Canadians, etc.
Well, we no longer base voting rights on property ownership, so that point is moot. I don't see any problem with letting foreigners invest in the US, including buying land. We have zoning and land-use regs, and foreigners can't really do anything about them.
I cant wait to go to a trial in ten years when they can not say him or her because they can't assume a pronoun rofl it will be sad and halirious all at once
akathehnic Why ten years?
Well, here and in other videos they often said "the judge, he.." without a name attached. Why assume the judge was male??
This attorney is on his game
She lies must work for Biden
BOOM! Nothing was proven or reversed.
Unless I fell asleep, where's the judgement? Quit wasting peoples times with this shit! Show from start to finish or nothing at all. Nothing can be learned from this without knowing the outcome.
I think the guy won a reversal but I think that all that happens is that the foreclosure process starts all over again with the lender that has standing.
It's in the description box.
I would say pay your house mortgage and you won't be evicted. Being evicted no matter who owns the note means you pay or you lose it period.
who was the ruling in favor of or for?
agreement and settlement with the State of New York should cease and desist from their illegal foreclosure activities. Jessica Bookstaver herself has committed perjury as a matter of record in this case before this court, as proven within.
2. For the reasons set forth below, Plaintiff's case must be dismissed for criminal fraud and lack of standing, and Rosicki, Rosicki and Associates and specifically Jessica Bookstaver, an attorney duly licensed to practice law in the State of New York, must be sanctioned for her acts of perjury before this court.
3. As evidenced by the record of this case, and as recorded in the Registry of Deeds, the Plaintiff sold "any and all" interests in the real property involved in this litigation known