(BREAKING NEWS – OP-ED) — The author of this post shares this vital information with the intent that it be acted upon by all homeowners immediately! The information being shared is the “breaking news” and the author’s comments about it reflect the op-ed portion … all for your educational purview and not legal advice! This should raise alarms to all who have a mortgage or deed of trust on their property anywhere in the United States … it is pertinent information that could be “dangerous to your wallet” AND your future!
TALK ABOUT THE BIG BU-FU ON ALL MORTGAGORS/TRUSTORS! OMG!
(WASHINGTON, D.C.) — It’s bureaucratic creep at its finest folks! The Office of the Comptroller of the Currency is using the COVID-19 and the civil unrest and political infighting to sneak in a proposed rule … wait’ll you see it in detail (HERE): nr-occ-2020-97a
PLEASE SAVE THE FOREGOING TO YOUR DESKTOP AND READ ITS 20 PAGES CAREFULLY!
Here’s the synopsis of what it says …
Hat tip to Living Lies Blog for the info!
This is one more reason to avoid entering into MERS-originated mortgages and deeds of trust!
Using the “true lender” crap that the OCC is trying to promulgate, this is just another way to play “cloak and dagger” with the named “Lender” on any originating loan paperwork (mortgage or deed of trust). It’s bad enough that when securitization started (after Slick Willie signed off on the Gramm-Leach-Bliley Act) post-1999, the Glass-Steagall Act was repealed, which allowed banks to play around in the secondary securities and mortgage markets … it’s quite another that NOW, the federal agency that oversees the banks is opting to change the meaning of “Lender” to anyone who wants to draft up a bogus assignment (which has been going on now for over two decades) and record it in the land records and take a homeowner to court, legally get away with lying to a judge that it’s the Real McCoy (as to where the money that funded the borrower’s loan came from) and steal more American homes “hook or by crook”.
If this definition becomes the law of the land, it will force borrowers to re-finance their properties to get away from these securitized portfolios. But it doesn’t stop there.
How do you know that the securitized trust or any “true lender” named in any legal document is the real party in interest with the right to enforce a note that may have been lost or stolen. Any “true lender” can dig up MERS-originated loans floating around in the MERS System® that haven’t been acted upon and foreclose on them (because no one else is doing it) and get away with it before anyone is the wiser!
One shred of opportunity exists here, especially if you’ve been able to keep making your payments on your home(s) … and the author posits this with caveats (as to what this author would do in the event he were to find himself in your predicament):
- Go to a credit union or bank that is NOT a member or subscriber of the MERS System® and refinance the existing mortgage and get it away from and out of the securitization process.
- Once the “satisfaction” or “deed of reconveyance” has been recorded in the courthouse, get one office copy and one certified copy and challenge it through a C & E action (cancellation and expungement action); and
- Take the certified copy to the nearest law enforcement agency and get a case number to put into the pleadings of the C & E, identifying the fact that a felony has been committed in the land records and you want it investigated and prosecuted.
If a judge has become aware that a criminal complaint has been filed with local law enforcement, how then can he or she act to cancel and expunge the document without granting discovery to determine if a false statement was recorded in the land records, which in turn screwed up your chain of title?
How can a judge aid and abet a felony without themselves being the target of 18 USC 4?
How do you know your identity wasn’t stolen as part of the assignment of your current mortgage loan?
If a “true lender” orders the mortgage loan servicer to “create” (manufacture) an assignment out of thin air and causes it to be recorded in the public record, what method will you use to challenge false and misrepresentative statements contained within that document?
NO MORE GOING INTO COURT AND WAVING THE DAMNED ASSIGNMENT AROUND, CALLING IT A FRAUDULENT DOCUMENT!
You need proof that the statements contained within the document were false! Being named within the assignment as the “true lender” doesn’t change the fact that the information may still be false and misrepresentative, which constitutes a felony in damned near all 50 states. No judge will listen to you unless you have your facts straight and take the emotion out of your argument! Here’s where you have to either: (a.) put your thinking cap on; or (b.) move out of your home and live in a tent city.
This author is sure most of you reading this blog are of the mindset to fight. See another option below.
This is another reason why Al West further developed the Cancellation and Expungement Action as a means of squaring up with the Lender. Now imagine having a mortgage loan servicer’s employees have to answer discovery (or even better yet, a deposition) as to what authority that they possessed at the time they executed a release of the lien on the previously-securitized loan, when in fact, they don’t really represent “the true lender”? If the OCC gets away with this rule change, any lender will come into court, claim they are the “true lender”, with no further proof needed. The only way you’re possibly going to be able to get a legal conclusion is to attack the phony paperwork recorded in the public record.
The powers-that-be will inevitably come up with some reasoning (probably this fall, 2020) for you to refinance your loan. Mortgage loan officers will be lining up to make those commissions so if you’re going to do this the right way, why allow them to securitize your paper?
OPTION #1: If you do not have the money to do a C & E action, the next concern would be what to do in the alternative:
- Call your congressperson and complain about this proposed rule and tell them to squash it like a bug!
- Tell your congressperson you know about the true cause and effects of the repeal of the Glass-Steagall Act and tell them you want them to reinstate it!
OPTION #2: If you have any kind of equity in your home, sizable enough to downsize, THIS is the time to do it!
- Like the Steve Miller Band song goes, “Take the money and run!” Get away from the major cities and move to safer, kindler more gentler communities where gun-toting, 2nd Amendment advocates live that believe in the Constitutional freedoms we all know and love … because
- In November, an uncertain political climate may overtake America, rife with voter fraud, claims of voter fraud, demands for recounts and more violence (if your guy doesn’t get elected).
We cannot live in uncertainty. Uncertainty doesn’t pay the bills. Living high on the hog when you can plainly see that your options may be dwindling would not be frugal. Using your equity to “get out of the rat race” created by the “oppressed” who will become the “oppressors” is the only way to secure a safe future for you and your family (unless in the alternative, you like firefights).
The real estate market in many communities is demonstrating that it’s a “sellers’ market”. THIS is the time to cash out on your equity and downsize to more affordable housing. In the area this author is in, the average listing sells in less than 60 days (if your home is priced right and market conditions dictate you can actually take equity out as a means of re-inventing yourself).
OPTION #3: PLAN B
Do you have one?
Here’s another thought … if you aren’t sick … why go to a COVID-19 testing center and have them stick a foreign antibody from a test kit up your nose?
This is another excuse to drive the scare into the public to blame someone for the virus. Blame the Chinese Communist Party. They did a great job in covering up the spread of something they themselves had a hand in creating. Further, blame the National Institutes of Health and the Obama Administration for giving the Wuhan Lab 3.7-million dollars to “create” a virus out of existing viruses that contain HIV (the key component in AIDS) and malaria. See the following post:
Don’t say we didn’t warn you that the “science” of this whole thing was going to come back to bite certain advocates of the vaccine in the ass.
Share this with your friends and tell them to reach out to Congress to STOP this madness by the OCC!