I signed a mortgage that is now in foreclosure. I wish to pre-empt a claim of loss from foreclosure by establishing my pre-eminent property rights as a woman. May I send a notice claiming harm & if so, I now seek guidance on how to state cause of the harm in the notice.
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I have read that the banks have breached their mortgage contracts, sold the land titles, double dipped so to speak. An ex banker from US advised this: write and propose to guve full payment upon the presentation ans return to you of: the land titlem the cash deposit and the Promissory Note attached to the mortgage. The Promissory note, us your key thing here because that is what they use, your signed note and signature, to sell as an asset. These conditions for full payout of the mortgage contract, are irrefutuable- tued together, the Bank will try through a civil court to focus only on the mortgage contract. Here the advise was, you have a counter claim/offer, which is to happily pay in full upon the return of your property. ( Deposits and Promissory Note). They will be exposed for Fraud if they do not produce your property and the 4 docs- deposit, promissory note, land title, mirtgafe contract. I have a contract copy of NAB in Australia, 2017, which states 30 Billion of bonds supplied in exchange for mortgages, land titles to US investors. This adds more evdence to the lie we were sold that the 4 banks ” destroy” paper land titles abd converts it all to digital. I think thats crap, they use the paper titles, while telling us to ” give them over, they are useless” to the now privatised land office, for ” cancelling”. The NAB investment doc is very interesting!
Thank you so much for the information Stacy. I appreciate your interest. I am wondering if it is appropriate to use the notice process to seek remedy for trespass via theft, given the fact that I (ignorantly) signed a mortgage. My thought is to claim remedy for trespass via theft of time, money and energy spent trying to settle the mortgage debt through short sale ( the bank rejected two full price cash offers) and there were four unsuccessful mediations. Any thoughts?
Hmm. My thoughts are, following experience and John and Gregs advise: possession is paramount, you are in the property? Stay there. The mortgage does not exist on its own, it is tied to the Land Title and your promissiry note. Another advise was, place an ” interest” or caveat, on the property, for the PromIssory Note ( this is, the promise to pay note you would have signed with the brojer or the bank, a total amount (via instalments), it is an attached security to the mortgage. register all the deposits you have paid, to date. These are your interests and contributions deserving of a return equally as deserving as the banks mortgage/loan. The bank register their interest, so do you. So, at forclosure and sale time, the interests on the prooerty are called forth and you are included. If it is too late to do that, I would still write a notice of Offer to Pay in Full, in exchange for your property interests returned: The land title and the promissory note and the deposit. Even specifically put: Acceptance to pay in full, at such and such time and place, you will have the funds ready, and they will have your property docs to return. Sit at that place on the date and time said, film it. When no-one arrives, they have refused the offer to accept full payment, which is what will happen and YOU HAVE THE POWER BACK. The man or woman who is sending you the forclosure notices, address it to them. Invite them, to join you in court for this exchange and that you intend to oppose the forclisure as Trespass and Theft in the event tgat your property is not returbed and that you will also advise the Court, you have agreed to oay in full, but that the man/woman is attempting to defraud yiu by not returning your prooerty as proper closure and completion, if the initual agreement, which was very simple- you provided security for a loan, the lian is recalled so the security is to be returned. You can not be expected to pay, if those have been disposed off or traded. The mortgage contract is VOID. In court, you also have the power to present a new promissory note, for the full amount, date it for payable in full 28 days, conditional to a return of the original note. Again, you are agreeing to act in honour but they must also. In the unlikely event that the original note is presented by a bank employee, then take it and use it to get financing elswhere for the home, however i think its not likely.
Oooo … this is good … I like it. Very clear … I really appreciate you making the thought and taking the time to map out this course of action. Now … my question is a clerical one … how do I create an invitation for the man who is sending the foreclosure notices to join me in court that the court will accept, and which court? Would I use a United States District Court? Do you have any tips on how to write a summons and claim that would be accepted and filed? I have a legal service to file it, but I need to prepare paperwork that will be accepted. I want to be able to follow through in honor.
Oooh, intense! Ok, if it were me, 1. Work out how to make your promissory notes. 2. Write to him an offer of settlement. In that letter propose that you can meet the full payment on the mortgage. Ask him to make a meeting with you and to have all your assets of exchange ready to return, that being, the land title, the mortgage contract and the promissory note. Advise that you are available to arrange this as of immediately and you look forward to the meeting. 3..I suspect he will panic, after a few days if he has not set a date email him again. Follow up as often as you feel, ensuring a track record of proven contact. Have your promissory note for full payment in 28 days ready. 5. At same time, I think what you are looking for is something in Aussie as ” A stay of proceedings” which is asking a court to order the house not be sold/forclosed because you have been trying to pay for it and they are refusing payment. Or, if its criminal, its district court for theft, of which you can claim theft, and have your offers to pay etc as evidence. Other than that, how does it work? A forclosure auction , if somehow you are able to secretly bid, on yiur own home, win the bid and deal with the aftermath.?
Stacy … you are brilliant. Thank you SO much. You are very kind and generous.
I’m curious as to Jon and Greg’s reply to this