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Annulment of Mortgage
Annulment of Mortgage
This document shall serve as public notice of lawful recession of mortgage and clouded title of subject property. THIS NOTICE DOES EFFECTUATE TITTLE.
THIS DOCUMENT IS CREATED BY AND FOR PROPERTY OWNER EFFECTING TITLE TO REAL PROPERTY New York Real Property Laws Article 9, 291, 292, 293, 326
THIS DOCUMENT is created by (Name) (Land/Propery Owner), who is owner of the property associated with the postal service address of (Address), with indefeasible title to my land, pursuant to the terms of the Mortgage/Deed of Trust and the Promissory Note, State and Federal Law, including but not limited to the United States Supreme Court declaration in Carpenter v. Longan, 83 U.S. 16 Wall. 271 271.
The terms of the Mortgage/Deed of Trust dictate that the Promissory Note and Mortgage Agreement/Deed of Trust remain together in order for the Note to remain a secured instrument. The note and mortgage are inseparable; the former as essential, the latter as an incident. An assignment of the note carries the mortgage with it, while an assignment of the latter alone is a nullity. Cited from Jackson v. Blodget, 5 Cowan 205; Jackson v. Willard, 4 Johnson 43 within Carpenter v. Longan, 83 U.S. 16 Wall. 271 271.
As seen within the attached exhibits,(Attach letter from Lender/servicer that states who owns/investor of note) the Lender did bifurcate the Promissory Note from the Security Instrument which is a breach of duty. The terms included within the Mortgage Instrument further state that the Mortgage Agreement is a Security Instrument. Public record shows that this is a misrepresentation as the Mortgage instrument that purports to secure the Note, which is the evidence of debt, is shown by public record to be assigned by the lender or its servicer independent of the Promissory Note that it purports to secure. Furthermore, all Powers of Attorney connected and or associated with Mortgage are herein and hereby revoked, ab intio. It is my right as land owner with indefeasible title to my land to provide public notice of such actions in order to notice the public of such misrepresentations so that each land owner may protect their own properties from such actions. My right to effect and annul said Mortgage in public record is protected by the XXXX State Constitution, United States Constitution and is codified in title 18 U.S.C. 241, 242, 1962, 1963 and title 42 U.S.C. 1982, 1983, 1985 and is recorded in New York public record in accordance with New York Real Property Article 9 326. THE NULLIFICAION IS SELF EXECUTING AND DOES NOT REQUIRE ACQUIESENCE THE PROMISSORY NOTE IS HENCEFORTH KNOWN AS UNSECURED Exhibits: Correspondences with servicers (letters including notices provided by you)
IN WITNESS WHEREOF, the land owner has executed these presents this day of Signed, sealed and delivered in the presence of: , A.D. (year).