Pretender Lenders

Other Info

I'm including some other info you have to be aware of to beat these crooks on this page. Like what to do, what not to do, some laws and a diagram at the bottom of the page that will help you see what has happened. I think this diagram will REALLY help you see how these crooks pulled the hood over everyone, and expose the fraud they committed, whcih hopefully you will nail them on.

The good thing about all this is that you don't need to know a lot of laws. The fraud is pretty simple to prove. Most of what you need is the PSA. If they didn't follow their own procedure that they said they would do in the PSA, then what they did was illegal.

 

The hard part is knowing how to go into court and prove it using court rules and procedures.

 

Here is a list of possible cases you can file.

 

1. If you are in foreclosure, (judicial or nonjudicial) you file the defense of fraud. This will stop foreclosure right in its tracks. You usually have to prove 7-9 things to win. You have to look up cases in your state to find out. If you're not in foreclosure, you can still file fraud charges.

 

2. Another option is to file a Consumer Protection Act case, if your state allows it. In Washington State, there are only 5 things you have to prove and you get triple damages.

 

3. If you've openly lived on your property, maintained and or improved the property and paid property taxes for at least seven years, you can file an Adverse Possession case against them. All you have to do is show you have more right to the property than anyone else.

 

Other Possibilities

4. I reccommend one of the first three, but you can possibly file a Breach of Contract case. Under Washington State law, a Deed of Trust is a three party transaction according to the law and courts. A Securitized Mortgage has two Trustee's saying they are the Trustee. And the securitized Trustee is claiming to be both a Trustee and Beneficiary which is illegal in every state. Plus you have the Original Lender and MERS saying they are a Beneficiary. MERS claims they are a Beneficiary in name only, but that doesn't fly under the law. That Beneficiary argument may work in some states, & maybe not in others. I've seen Washington State cases where it doesn't work, but I don't believe they argued it right.

 

5. You might be able to file a TILA (Truth In Lending Act) case too, since you were never told you were getting a Securitized Mortgage. Would you have signed the mortgage if you knew it would help cause the 2008 collapse? Or the mortgage had a secret Trustee? The Securitized Trustee 99% of the people aren't even aware of?

 

6. You can file an Omissions case, since the contract you signed left out important information about the loan that would have caused you to not sign for the loan. Like the facts in the TILA case above.

When you file a case in court, you have to know the "elements" you have to prove to win that case. Without that, you are just stabing in the dark.

 

For instances, in Washington State, you have to prove 5 things to win a Consumer Protection Act case.

 

This is what the court says you must prove to win a Consumer Protection Act lawsuit: (CPA)

 

“We hold that to prevail in a private CPA action and therefore be entitled to attorney fees, a plaintiff must establish five distinct elements: (1) unfair or deceptive act or practice; (2) occurring in trade or commerce; (3) public interest impact; (4) injury to plaintiff in his or her business or property; (5) causation.” HANGMAN RIDGE v. SAFECO TITLE, 105 Wn.2d 778."

 

So to win, all you have to prove is that

1) You are a victim of an unfair, deceptive act or practice.

 

And 2) it occured in trade of commerce.

 

3) "Public interest" means it affects more than you, and therefore affects the "Public Interest." Since at least 60% of mortgages are Securitized Mortgages, (MERS claims it's at least 70% and they want ALL mortgages going through their system) this has a huge public impact. It affects most of the mortgages in America. So it has a HUGE "public interest impact."

 

And 4) You have to prove you were damaged from the deceptive act or practice. Well if none of these Pretender Lenders are a real Beneficiary, how can they give you a clear title once you pay off the mortgage? Wouldn't you have an unmarketable mortgage then? And since none of them have the right to enforce payment or to foreclose, your monthly payments are being stolen. So you have been damaged.

 

5) Causation means you have to prove these Pretender Lenders caused the damage. Simple!

 

So that's all there is to winning a Consumer Protection Act case. 5 things.

 

Do not take the case anywhere else, or allow the Pretender Lender or judge to do it either. Everythings other than those 5 elements are unrelated, irrelivent and immaterial. So don't got there and don't let anyone else do it either.

 

So learn the elements for your case from your state cases. You can only do this by reading cases in your state and seeing what the court's say you must prove. The law may say something else, so go by what the court says.

I have read TONS of "guru," "sovereign" and "Patriot" information on how to stop foreclosures and how to take your house back from the Pretender Lenders/banksters, and 99.9% of it is garbage.

 

They will tell you to quiet the title, but you can't quiet something you don't own.

 

They will tell you the chain of title has been broken, but under current commerce law, that chain of title doesn't really matter any more.

 

They will tell you to get a mortgage audit. They use various names for it, but it is an audit of what happened to you mortgage after you signed it. Yes that would help, but you better have certified documents from the source proving it, which these auditors never provide.

 

Another trick these people said to try was the "show me the note" argument. That worked for a little while until the courts said copies of notes are ok to admit.

 

So don't try these shortcuts. They will not work. The courts and crooked lawyers are not going to allow anything but beating them with their own laws, rules and procedure.

 

So you either have to learn these things yourself and do it yourself or hire a lawyer.

 

Unfortunately the judge opposing party and your lawyer are ALL lawyers. They're in the same country club together. They porobably play golf together or have drinks together at the end of the day. It's all just a pretend game or show of give and take for them. It's like pro wrestling for them. I have seen it TOO MANY TIMES. And most people aren't even aware of what goes on in these courts. They just know they aren't just and it's a crooked system.

 

The bottom line is, our judicial system has been taken over by "the bar." And by that, I mean the American Bar Association. Our whole "government" has been taken over by them.

 

So if you want the best justice, it's up to you to get it. Stop relying on others to do it for you unless you have one of the few good lawyers. Pro Se lawyer's (none bar lawyers) do not play their game. They beat them at their own game.