Hey Friend,
Here's a nugget for you;
Most people studying this issue understand that the law allows you to request a copy of the note to verify that the party demanding payment is the true holder of the obligation and thus has proper legal 'standing' to require payment and foreclose if necessary. (so the story goes) . Without the note, no standing, no payment!
Mortgages are typically bundled and transferred into a trust and the trust is securitized and sold. It's not that uncommon that with all the paper shuffling the trust demanding payment (or their servicer) may not actually have the note and be able to produce it.
But when a copy of the note is demanded, do people ask for front and back? Usually, no! Why is the back important?
Because your note is a negotiable instrument, deposited as cash (your home is already paid for) and the back side contains the indorsement which may be something along the lines of: For deposit only... Pay to the order of... Restrictive endorsement and there are various types, all being orders on what to do with the negotiable instrument.
This proves that you created the money, which was deposited and paid for the home (lack of full disclosure) and their demand for 30 years of payments makes you pay for the home three times over again and the money churning continues from there.
If you look carefully at your deed of trust, you’ll find that there is no other signature, only yours. Look at the end of the note and you’ll find that there is no other signature, only yours.
When you write a check, when you buy your groceries or pay your power bill, do you have some representative at the grocery store also sign the check? Of course you don’t. Do you have an associate at the power company also sign the check? Of course you don’t.
It’s the same with the note. You’re basically signing a check. Because you’re signing a check which is an order to pay, a negotiable instrument, there doesn’t need to be another party signing it. You sign it. You say, “Here’s payment.” They receive and deposit it. It’s money to them. It all gets balanced out through electronic shifting of numbers later, all stemming from your Treasury ledger.
That is the main reason why you have every right to a free and clear title of your property right now! You paid it entirely. The entire obligation is satisfied.
You see, when the note is received they receive and deposit it. It’s money to them. It all gets balanced out through electronic shifting of numbers later, all stemming from your Treasury ledger.
We keep coming back to the fact that the only way that this lender could be given the property as collateral is if whoever gave it to them already had the right to give it to them. The only way you have the right to give it to them is if you already own it free and clear.
There must have been some mechanism by which you became that free and clear owner. The only mechanism that there can possibly be is if you paid for it, entirely, and if that payment was accepted as payment in full. It was.
One thing we have to remember here is that YOU are actually the lender in these cases.
And there's much more.
Intrigued?
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Knowledge is power ! |