In terms of producing the note, here are some additional points to consider.
In Court, the lender/servicer will try and get away using a copy of the note. Chances are they used a copy of a note in their foreclosure papers. Your answer is if it’s a copy you are presented with it simple, you automatically deny it. Always ask to see a note with the front and the back sides; all promissory notes go through the SEC and they have a tracking card for what pool your note was sold in and there will be a bar code and there should be a CUSIP #. IF there is neither of these on a note, then we are dealing with forgery.
Furthermore, when they attempt to use a copy of the note; deny the signature. If you deny the signature on the note and deny the debt as yours, you are forcing them to bring in the original to court by making it clear they are using a photocopy that is "hearsay". The only original is the one you signed.
As always, this blog is not intended to be legal advice and just food for thought. Always seek a local attorney when facing difficult legal decisions.
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Of course I agree with you.
ReplyDeleteI just wanted to add that I believe any, "Copies," of the Note must either be reduced in size to 75% (or less), or increased in size to 150%, (or more), whenever it's presented for filing or otherwise.
Without properly reducing or enlarging the document size accordingly, any "Original-Sized," copies are automatically, "Counterfeit Securities," and carries penalties.
Any Note presented as the original, must have the endorsements on the back. The Lender presenting a Note with the backside blank,...means it is an obvious one-sided copy of the original,...and is a, "Counterfeit Security."
A friend in Hawaii had his day in court. The judge was pro bank. The opposing attorney was mostly silent. The judge said he does not care about my friends claim that there is no legal controversy, that the complaint in unverified and there is no claim, etc. Every point my friend made was answered by the judge ranting "did you borrow the money.... you don't want to pay it back" How do you respond to that? Finally the judge asked "will you tender payment" my friend said he would tender payment...but, the judge did not say in what form...more later!
ReplyDeleteHello Ed, John and Holly -
ReplyDelete1.) Please let me know when you are opening up your satillite office in Charlotte, NC.
2.) Can I hire you guys to be my Pro Se Consultants since Harold is still extremely overwhelmed (I know you guys are as well but does it hurt to ask)?
3.) What is the difference or similarity between a summons in a judical state and a notice of hearing in a non-judicial state? i.e. are they both simply contracts to appear in court?
4.a) I have just received notices of hearing for two of my properties that I have completed the Phase One and delivered the Notice of Right to Cancel, but held off on recording the phase 2 documents. How would you respond if you were in my situation (understanding it is not legal advice)?
4b.)Is there a way to respond and keep the hearing from moving forward/from having to appear in court? Reason I am asking this: I spoke with a gentlemen in Florida, a judicial state, who says he responds by writing on the summons (and then filing the summons with the clerk of courts) "I do not accept your offer to contract. I do not consent to these proceedings" and his foreclosure hearing has been cancelled and not moved forward in the past 6 months - My question is getting at attempting to do something similar in the non-judical state.
Please respond point by point or your response will be considered an invalid response...:)
Thanks,
Jennifer (still walking free and now a SPC)
Charlotte, NC
After completing the original LFC process and also the counterfeit securities phase, an attorney should be able to take this case for counterfeit securities. So, what would the counts be in this counterfeit securities lawsuit?
ReplyDeleteMy notary, who is also a trusted and reliable friend agreed to be my trustee, not realizing at thte time that the state statues do not let her perform trustee duties.
ReplyDeleteNow we are in a bit of a bind and I was hoping to get your thoughts. As my trustee, she was listed as the preparer of the reconveyance that was filed, although I am the person who actually prepared the document - per instructions at LFC.
She is now being investigated by the NC state bar for the "allegation of the unauthorized practice of law". I have received a phone call from an investigator wanting to speak with me and I was stressing on how I should respond, and what I can do to keep her out of thier sites.
Ed,
ReplyDeleteProperty went to sale last week in a Judicial State. Completed Phase One and Phase Two, but did not record the Phase two documents. How do I contest the sale?
Harold has mentioned in the past that they need to provide the note if they foreclose on the property - how do I demand this, and what enforcement should I follow up with? (Would rather have the money than the property in this case).
Hi Everyone,
ReplyDeleteUsually in the summons and complaint the copy of the note is shrunk. When it is a perfect copy and it is not marked as "Copy" - keep in mind - that is a counterfeit security and another argument to raise in court.
With a judge asking questions like that did you borrow, stay your ground. "No judge I didn't borrow that money, instead they used my signature and monetized it without disclosing to me, etc. Furthermore, why are we discussing this issue, the first issue is standing - is opposing counsel representing the creditor/party in interest, yes or no?
With North Carolina, no plans yet to open a satellite office. We are still searching for an attorney who has a grasp on commercial law. Our office can serve as legal consultants by calling us directly.
Regardless of the title of the document, any legal document mailed or serve on you is likely to be for one reason, to compel your appearance in court. Even in Non-judicial states, they trying to bring people in to meetings for the purposes of getting them to apply for loan modifications.
If you are going to try an administrative remedy to be served or put on a notice by refuting the summons. You have to keep doing that. Keep in mind even if you stop foreclosure indefinitely by that method - you are still going to have to find a way, judicial/administrative to clear up title and get that debt resolved.
Counterfeit Securities - we will be discussing on a future call.
In terms of trustee situation, first question, who reported her? Can you give me the statute that says she cannot be a trustee