Consumer Advocate
Delray Beach,#2Author of original report
Tue, December 08, 2009
Listen. . I do not want to hear what most people think. The problem with this country is that everyone is intentionally not taught anything about the law of debt instruments.
This is so that Wall Street and the banks can abuse us. I executed and delivered a Note with a face value of $250,000 to an originator of the note who was nothing more than a dealer in securities working for Wall Street.
The originator took my credit score, uniform residential loan application, INFLATED appraisal and SOLD it to a Wall Street investor for $250,000 + a $3,000 servicing asset.
Sometime after that happened, the SERVICING rights were sold. Now, when this note was sold to an investor, the Mortgage was never Assigned and recorded. This is because they did not want to pay the Documentary Stamp Tax to the County each time the Note changed hands.
I was not in default when the account was sold to the person suing me. There was an "escrow shortage" because the value of the asset dropped 60% to $118,000.
I demanded an accounting of the payments made to the original note holder and all subsequent. The did not provide it so I refused to pay. I hired a lawyer, the Deutsche Bank Trust sued me. We moved to dismiss the case and sent out discovery.
At summary judgment, Deutsche bank presented the original note made payable to the original payee and an assignment of a mortgage that was dated AFTER the lawsuit was filed.
Judge Sasser claiming to know something about the law said "The Mortgage passes incident to the debt in equity. . . " this is wrong.
The note must be transferred FOR CONSIDERATION and the circumstances surrounding the purchase of the note must be explained.
More important, my affidavit challenged their affidavit of amounts owed.
SUMMARY JUDGMENT WAS ENTERED INCORRECTLY AS A GENUINE ISSUE OF FACT EXISTED.. . we are taking this idiot up on appeal and I hope the DCA chastises her for such a horrible ruling. . but the real issue is that I have an attorney. . hundreds of people are losing their homes because they have no one protecting them and Judge Sasser is a robot with the banks. . .
JandJMommie
Fort Wayne,#3Consumer Comment
Tue, December 08, 2009
Most people refer to the note as a mortgage......weather it is or not. And the title company or lawyer who does the closing doesn't care if you know the difference or not. You sign a paper stating you know you owe money and you pay it every month. It almost sounds like your loan got sold and the previous company that held it kept collecting payments ( probably putting them in a escrow account) while the company that bought it filed default and took you to court for foreclosure. Were you current or was your loan sold while it was in default with the original lender? The only recourse I think you have at this point is to sue the original company for not notifying you of the sale ( if you can prove they didn't notify you, and you can prove you were current with payments.......be very careful on this one. If they can prove they did notify you or you were behind they can sue you for attorneys fees and they will probably win) and keeping your payments. Hopefully things work out for you!
Consumer Advocate
Delray Beach,#4Author of original report
Mon, December 07, 2009
Wow, my mistake. This judge has been a judge for a hot 5 months. . . and is still a partner of her old firm earning money.
I hope that her firm does not have any of the banks as a client because that would be problematic. . .
Way to go Palm Beach County. . one Judge is responsible for over 40,000 foreclosure cases just this year and she has been a judge for less that 6 months. .
Consumer Advocate
Delray Beach,#5Author of original report
Sat, November 28, 2009
I am playing games? YOU DO NOT PAY YOUR MORTGAGE you pay your note. I paid my note and the NOTE was sold. They did not credit my payments to the first company I paid my note. Are you a debt collector?
This is not a game. If you do not know what a note and a mortgage is and at closing you are supposed to know what a note and a mortgage is, then YOU DID NOT CONSENT TO THE CONTRACT. . this is third grade math maybe you are just dumb.
Susan
This City,#6Consumer Comment
Sat, November 28, 2009
You are playing word games, Note, Mortgage.
It all boils down to you didn't pay for your house and you think it is everyone else's fault.
Consumer Advocate
Delray Beach,#7Author of original report
Thu, November 26, 2009
Okay, I was in court again today and Judge Sasser does not even understand the common law.
Are you ready, one more time:
The Note follows the Mortgage Judge Sasser. This means that in equity, if the Complaint alleges that the Plaintiff is equitable or legal owner of the note AND the transfer of the Note was with CONSIDERATION then, the Mortgage passes in equity.
This Judge is allowing banks to come into court (saw it again today 125 more homeless people because she does not understand the statutes or the law) allege that they are the owner and holder of the Note and Mortgage.
But, she has IN FRONT OF HER a note payable to someone other than the Plaintiff NO indorsement or allonge, and a Mortgage "assigned" AFTER the lawsuit was fileed.
Helllo a "holder" is someone in possession of a note payable TO THE PERSON in possession or payable to bearer.
She has got to be corrupt. I want to see her campaign finance records. I will equitably assign every asset i have that the banks are major contributors. . .FBI WHERE ARE YOU????
One judge has 40,000 foreclosures on her docket and she does not understand the Uniform Commercial Code or the Common Law. .
Consumer Advocate
Delray Beach,#8Author of original report
Wed, November 25, 2009
I was not in default and raised that defense. The Note was bought by a third party and they never recorded the assignment and paid the doc stamps.
The best example is you writing a check payable to me and my wife takes it to the bank to cash it and the bank says sure, as long as you say you own it, no problem.
This is what I am talking about no one understands how negotiable instruments work.
The Note is the "loan". But, it is also a negotiable instrument just like a check.
The Mortgage is the "lien" against the title to the property securing payment of the loan. The Mortgage follows the note in law and in equity.
However, the Note was sold to a third party and as I continued to make payments to the original party to the note, none of those payments were credited.
When I raised that issue timely and properly, Judge Sasser could care less. But, I bet she cares when she gets voted out of office and tries to look for a job in this economy.
Susan
This City,#9Consumer Comment
Wed, November 25, 2009
You said "Judge Sasser allows a bank not on a note or mortgage to simply say that they own the note and mortgage and have a right to foreclose on the home."
You make no sense. Was there a mortgage? I am guessing there was and you didn't pay it for long enough that the bank felt the need to take the house back to protect their assets. NO Judge would say oh these people don't owe a dime but I am going to let a bank foreclose on the house they own free and clear.
Banks are overloaded with houses they can't sell, they don't take them until given no choice. A friend of ours bought a bank foreclosed house this year, from a bank for exactly what was owed on the mortgage and 2 years of delinquent property taxes.
The house was only 7 years old. All he did was paint the walls white and pay me to give it a deep cleaning. One month later he sold it at a $50,000 profit just from putting a store bought For Sale sign, with his phone number in marker, on the mailbox.
Had the homeowners not been trying to hang onto a sinking ship. They could have sold and walked away with at least $50,000
Another small point, until a mortgage is paid off 100%, the bank actually owns the house you live in. I have lived in my home for 20 years but until I pay off the 30 year mortgage, the bank owns the house, not me.
You said "Judge Sasser allows a bank not on a note or mortgage to simply say that they own the note and mortgage and have a right to foreclose on the home."
You make no sense. Was there a mortgage? I am guessing there was and you didn't pay it for long enough that the bank felt the need to take the house back to protect their assets. NO Judge would say oh these people don't owe a dime but I am going to let a bank foreclose on the house they own free and clear.
Banks are overloaded with houses they can't sell, they don't take them until given no choice. A friend of ours bought a bank foreclosed house this year, from a bank for exactly what was owed on the mortgage and 2 years of delinquent property taxes.
The house was only 7 years old. All he did was paint the walls white and pay me to give it a deep cleaning. One month later he sold it at a $50,000 profit just from putting a store bought For Sale sign, with his phone number in marker, on the mailbox.
Had the homeowners not been trying to hang onto a sinking ship. They could have sold and walked away with at least $50,000
Another small point, until a mortgage is paid off 100%, the bank actually owns the house you live in. I have lived in my home for 20 years but until I pay off the 30 year mortgage, the bank owns the house, not me.