Special Report - Releasing Your Debt and Gaining Your Freedom, Jan 2013 - Short Version
Special Report - Releasing Your Debt and Gaining Your Freedom, Jan 2013 - Short Version
WHO
WE
ARE
..............................................................................................................................................................
3 OUR
MISSION
STATEMENT
..............................................................................................................................................
4 OUR
HISTORY
...............................................................................................................................................................
4 WHY
RELEASE
THE
MORTGAGE
ON
YOUR
HOME?
...............................................................................................................
4 HOW
BANKS
CREATE
MONEY
..........................................................................................................................................
4 WHAT
IS
A
LOAN
AGREEMENT?
........................................................................................................................................
5 HOW
DO
YOU
SATISFY
THE
MORTGAGE?
...........................................................................................................................
5 WHAT
CONSTITUTES
FRAUD
IN
LENDING
............................................................................................................................
6 IMPORTANT
LEGAL
FACTS
................................................................................................................................................
6 WHO
REALLY
OWNS
YOUR
MORTGAGE?
...........................................................................................................................
7 FEDERAL
LEGISLATION:
TILA
AND
RESPA
..........................................................................................................................
7 RESCISSION
..................................................................................................................................................................
9 BANKS
MUST
PRODUCE
THE
ORIGINAL
NOTE
....................................................................................................................
10 WHAT
TO
EXPECT
WHEN
YOU
RESCIND
A
LOAN?
..............................................................................................................
11 WHO
CAN
HELP
YOU?
.................................................................................................................................................
11 NEGATIVE
EFFECTS
OF
FORECLOSURE
..............................................................................................................................
12 PROCESSES
WE
PROVIDE
..............................................................................................................................................
13 WHAT
GETS
RECORDED
AND
LEGAL
DOCUMENTS
WE
USE
..................................................................................................
15 SCAMS
AND
ALERTS
.....................................................................................................................................................
21 FREQUENTLY
ASKED
QUESTIONS
.....................................................................................................................................
23 WHY
LOAN
MODIFICATION
IS
NOT
IN
YOUR
FAVOR
...........................................................................................................
31 SERVICING
OF
THE
LOAN
...............................................................................................................................................
33 SUPPORTING
ORGANIZATIONS
........................................................................................................................................
35 BENEFITS
OF
OUR
PROGRAM:
.................................................................................................................................
36 WHEN
CAN
I
BEGIN?
...................................................................................................................................................
36 DISCLAIMER
&
DISCLOSURES
.........................................................................................................................................
36
Page 2 of 37
Who We Are At Peace of Mind LLC, we believe the following things are true... 1. People will always need to use credit 2. The average debtor is unaware of the full extent of their options when faced with debt collectors 3. Debt collectors frequently take advantage of the debtors lack of knowledge instead of helping them to settle the debt fairly Everybodys circumstances are different. Thats why we begin with a comprehensive discussion to learn exactly how we can help you pay off debt fast and repair your credit. We love to work with good, honest, hardworking people like you who truly deserve freedom from debt. Peace of Mind LLC is a protective entity for clients who need a leg up in debt relief. We are a privately held company without affiliation to any government agencies, debt collection services or banks. We provide solutions for every individual client that will best serve them as they deal with debt. While there are plenty of other financial institutions out there who would be willing to give you debt advice, its best to deal with a debt specialist like Peace Of Mind LLC.
Our
History
Our founder, Zen, experienced precisely the problem our clients face. With significant investments in real estate, hed been confident that the level of debt hed taken on was reasonable given all of the assets he owned. Zen lost a good deal of value in his assets during economic downturn and was forced to begin liquidating his lifes savings to satisfy his creditors. Soon, he was under a crushing debt load and faced with a dilemma go back to his native South Africa, leaving all of his problems behind him or stay and face the reality of his situation. Being no stranger to adversity, Zen was determined to rebuild. He sought help, but what he found was companies that wanted to hurt him; that wanted to use his poor situation against him. They told him he needed to rebuild your credit before theyd work with him or use our consolidation to pay off your debt faster but their strategies left Zen no better off. It seemed to him that it was time to do something different. Zen decided it was time to look inward After Peace
of
Mind,
LLC
Copyright
2010
Page 3 of 37
spending a good deal of time learning the ins and outs of how to handle debt, and of course acquiring a good deal of first-hand experience, Zen started Peace of Mind LLC so others wouldnt have to live through what he did. Over the years, Peace of Mind LLC has grown and expanded with offices from New York to Florida, and from North Carolina to California. Weve helped thousands of Americans get back on their feet and gain their freedom from debt. Peace of Mind LLC proudly continues to uphold the Zens vision of preventing honest people like you from becoming victims of debt.
Page 4 of 37
Individuals have been stopped from using and have no access to 'lawful constitutional money of exchange' (See U.S. Constitution Art. I X) to 'PAY DEBTS AT LAW', and pursuant to HJR-192, can only discharge fines, fees, debts, and judgments 'dollar for dollar' via commercial paper or upon Individuals exemption.
Page 5 of 37
Send a copy of your mortgage statement to see if you qualify Sign partnership agreement Formulate a strategy depending on your situation Prep documents to send to the lender Send TILA Demand Letter to lender Record Confession of Judgment Record Full Reconveyance Put asset into trust for protection File UCC1 / UCC3 / Bonds File forms with the IRS Enforce liens on lender
Page 6 of 37
Everything
since
June
1933
operates
in
commerce.
Why
is
this
important?
The
Congress
of
the
United
States
did
legislate
and
provide
the
American
people
a
remedy/means
to
discharge
all
debts
dollar
for
dollar
via
HJR
192
due
to
the
declared
Bankruptcy
of
the
Corporate
United
States
via
the
abolishment
of
constitutional
coin
and
currency
under
Executive
Order
declared
by
president
Franklin
Roosevelt.
HJR-192
superseded
Public
Law,
replacing
it
with
public
policy.
This
eliminated
our
ability
to
PAY
our
debts,
allowing
only
for
their
DISCHARGE.
There are numerous references to Case Law, Legislative History, State and Federal Statutes/Codes, Federal Reserve Bank Publications, Supreme Court decisions, the Uniform Commercial Code, U.S. Constitution, State Constitutions, and general recognized maxims of Law which establish: That, the lawful coin (i.e. organic medium of exchange) and the former ability to PAY debts has been replaced with fiat, paper currency, with the limited capacity to only DISCHARGE debts. That, the United States Congress did legislate and provide the American people a remedy/means to discharge all debts dollar for dollar via HJR 192 due to the declared Bankruptcy of the Corporate United States via the abolishment of constitutional coin and currency. The Bottom Line to Release Your Mortgage: The Bank is NOT the Creditor, you are! Without being the creditor, the bank has no rights and cannot do anything except comply with your demands. Your job is to put the burden on the bank to prove they are, indeed, the Creditors and hold an actual note to your property.
Page 7 of 37
The
homeowner
is
always
confronted
with
the
difficult
task
of
researching
information
about
what
to
expect
in
the
coming
months.
This
research
includes
a
number
of
different
subjects
covering
such
issues
as
the
foreclosure
process,
loan
modification,
legal
statutes,
and
current
trends.
At
Peace
of
Mind,
LLC,
we
have
a
process
which
also
covers
forensic
loan
audits
and
TILA
and
RESPA.
TILA
and
RESPA
are
the
two
main
pieces
of
federal
legislation
which
govern
certain
processes
regarding
lending,
and
especially
so
in
the
mortgage
lending
arena.
TILA
stands
for
the
Truth
In
Lending
Act,
and
RESPA
stands
for
the
Real
Estate
Settlement
Procedures
Act.
These
are
specific
legislative
acts
designed
to
protect
the
borrower.
TILA
is
the
main
effort
of
Congress
to
ensure
fair
lending
and
to
protect
the
borrower.
Its
purpose
is
to
promote
the
informed
use
of
consumer
credit,
the
costs
of
borrowing
money,
the
terms
of
the
loan,
and
other
much
needed
information.
It
requires
providing
certain
disclosures
of
relevant
information
for
each
transaction
that
is
considered,
and
it
provides
the
legal
remedies
for
each
violation
of
the
Act.
RESPA
is
another
effort
of
Congress
to
regulate
lending.
RESPA
is
designed
to
protect
the
borrower
by
ensuring
(1)
fair
settlement
proceedings
through
early
disclosure
of
settlement
costs,
(2)
the
prevention
of
kickbacks
and
illegal
referral
fees
that
increase
borrowing
costs
to
the
consumer,
and
(3)
the
prohibition
of
certain
acts
that
increase
borrowing
costs.
There
is
much
more
detail
to
these
acts,
but
the
focus
should
primarily
be
on
TILA
because
most
foreclosure
defenses
will
be
based
upon
TILA
violations.
TILA
is
a
technical
statute.
This
simply
means
that
any
material
violation
can
invoke
the
remedies
as
provided
for
in
the
Act.
The
material
violations
that
most
frequently
invoke
potential
remedies
are:
APR Finance Charge Amount Financed Total Payments Payment Schedule Right to Cancel Violations
Attorneys fees and court costs for successful enforcement and rescission actions Statutory damages, a minimum of $200 but no more than $2,000 Actual damages Double the correctly calculated finance charge (but not less than $100 or more than $1,000 for individual actions) Rescission, the most valuable remedy Page 8 of 37
Rescission
Rescission
is
the
process
of
legally
canceling
a
loan.
If
a
violation
of
material
disclosures
is
severe
enough,
and
the
threshold
for
severity
is
quite
low,
then
the
borrower
has
the
opportunity
to
rescind
or
cancel
the
loan.
In
the
rescission
process,
the
borrower
finds
violations
of
the
TILA
that
offer
rescission
as
a
remedy.
The
borrower
notifies
the
lender
of
rescission
by
letter.
The
security
interest
(the
Note
and
Deed
of
Trust)
automatically
becomes
void,
and
the
lender
has
20
days
within
which
to
take
any
and
all
actions
necessary
to
reflect
the
termination
of
the
security
interest.
The
lender
is
obligated
to
return
any
money
or
property
given
as
earnest
money
or
down
payment
within
those
20
days.
The
borrower
is
not
liable
for
any
finance
or
other
charges
and
is
entitled
to
recover
all
fees
incurred
in
the
transaction.
The
borrower
is
obligated
to
return
to
the
lender
any
money
or
property
the
borrower
received
as
part
of
the
credit
transaction
within
20
days,
as
their
part
of
the
rescission.
If
the
lender
does
not
take
possession
of
the
property
or
money
within
20
days,
then
the
property
is
retained
by
the
borrower
and
is
held.
At
this
stage,
you
are
legally
entitled
by
the
lenders
agreement
to
get
your
home
free
and
clear.
Of
course,
the
process
does
not
stop
there;
at
Peace
of
Mind,
LLC,
we
will
complete
the
process
and
include
such
steps
as
notifying
the
Internal
Revenue
Service
and
other
government
agencies
of
the
transaction.
Some
points
to
consider:
Since
homes
are
underwater
and
the
borrowers
owe
more
than
the
home
is
worth,
they
cannot
tender
back
to
the
lender
the
money
that
was
borrowed,
so
rescission
is
not
an
effective
course
of
action.
Courts
have
the
ability
to
change
the
order
in
which
rescission
is
tendered,
meaning
that
the
borrower
must
show
the
ability
to
make
a
valid
tender
before
the
security
interest
in
the
loan
is
cancelled.
No
ability
to
tender
the
amount
due
means
that
there
is
no
valid
rescission.
In
other
words,
rescission
does
not
do
what
the
homeowner
probably
wants
the
most
to
remove
any
financial
obligation
connected
to
the
house
(as
before
they
purchased
it)
since
the
lender
is
only
obligated
to
take
back
the
original
money
lent,
minus
fees,
and
tear
up
the
contract.
This
is
where
Peace
of
Mind,
LLC
can
make
the
difference.
We
have
the
resources
in
funding,
cash,
bonds
and/or
other
security
instruments
to
provide
the
legal
tender
and/or
offset
the
debt.
One
little
known
fact
is
that
there
are
MULTIPLE
insurance
policies
in
effect
for
securitized
loans,
with
many
of
the
beneficiaries
of
said
policies
having
nothing
to
do
with
the
transaction.
These
policies
are
not
dissimilar
to
an
automobile
liability
insurance
policy.
When
a
car
accident
takes
place
an
insurance
settlement
is
paid
out
in
accordance
with
the
terms
of
the
coverage
of
the
policy
to
the
beneficiaries
of
the
policy.
No
car
accident
=
no
payout
of
settlement.
Conversely,
NO
FORECLOSURE
AUCTION
=
NO
SETTLEMENT
PAYOUT.
Page 9 of 37
The multiple policies in effect often payout 7-10 times the original value of the mortgage note! Many believe that these policies are the only thing propping up the U.S. economy at this time. The beneficiaries of these policies often include municipalities and pension funds held by judges, states, and counties that explain why many fraudulent foreclosures are allowed to continue. This is especially appropriate for homeowners who have already lost their home! Peace of Mind, LLC may be able to get your home back or three times the mortgage/note even after foreclosure.
Page 10 of 37
that in the opinion of such counsel such action has been taken with respect to the recording, filing, re-recording, and re-filing of the indenture as is necessary to maintain the lien of such indenture, and reciting the details of such action, or stating that in the opinion of such counsel no such action is necessary to maintain such lien. Note: In instances of court cases, it may be helpful that the loan audit be part of our evidence of fraud.
Page 11 of 37
Lawsuits - The mortgage company can go after you for damages. Loss of employment - Some employers require their employees to maintain good credit histories. Notification of a foreclosure may be grounds for dismissal or loss of a chance for advancement and better pay. Loss of equity earned in your home - The value of your home may increase each year. In many cases the combination of the equity and the increased value of your home can translate in to losing thousands of dollars. Inability to borrow money in the future - A foreclosure can destroy your credit profile almost overnight. This derogatory mark on your credit report will label you as a bad credit risk for at least 7 years. This can result in declined applications for credit, the inability to rent an apartment, limited employment opportunities, and a host of other implications that can follow you for a long time. Increased taxes - A lender who loses money from the sale of a foreclosed home must report the loss to the IRS. Subsequently, the IRS may require you to report the lender's loss as income on your next tax return and you may be required to pay taxes on it. Loss of self-esteem and self-worth Emotionally, the stress of foreclosure can have serious effects on your well-being. The stress that foreclosure brings can lead to depression, feelings of worthlessness, lack of motivation, embarrassment around family and friends, and the list goes on. Ability to Rent Divorce Deficiency Judgment - This is the difference on what was owed and what the house sold for and the lenders will come back to file a judgment for that amount as a judgment debt. Stress and bad health - People who worry about their house problems cause themselves serious health issues which can run hundreds to thousands of dollars in medical bills. Short sale - A short sale involves offering the home for sale, generally listed through MLS. Potential home buyers will make appointments to view the home, some will make lowball offers, agents might hold open houses and, in general, a seller's life will be disrupted, all in the hopes that a buyer will buy the home. More on Short Sales and Loan Modifications later in this report.
More importantly is where the break in chain of title occurs. Your first knowledge of this break comes when you receive a NOTICE OF DEFAULT AND ELECTION TO SELL from some servicing company, who proceeds to foreclose and sell your property at a trustee's sale.
Page 12 of 37
Nowhere prior is there any recorded record transferring your note to them. Without the note, being in physical possession - actual ownership - they are not lawfully allowed to foreclose or sell your property. Your silence and inability to properly challenge them on this allows them to get away with it unless you have the right knowledge, resources and team of professionals helping you preserve your rights and your assets - like Peace of Mind, LLC.
Processes
We
Provide
Administrative
Process
/
Notary
Presentment
We
provide
an
administrative
process
via
notary
presentment
by
a
duly
commissioned
notary
public.
We
present
the
evidence
discovered
along
with
specific
questions
and
allegations
to
give
the
other
parties
involved
the
opportunity
to
respond
to
due
process.
The
parties
are
given
a
specific
number
of
days
to
respond,
and,
when
they
dont,
the
notary
as
a
duly
commissioned
witness
of
the
state
provides
a
notice
of
default
and
opportunity
to
cure.
When
the
parties
fail
to
cure,
the
notary,
as
the
second
witness
in
the
matter,
certifies
the
non-response
on
behalf
of
the
state
providing
some
remedy
to
create
a
set-off
against
them,
at
which
point
a
settlement
would
now
be
available
as
an
option
for
the
homeowner
to
pursue
in
the
event
that
the
parties
unlawfully
foreclosed.
By
getting
the
parties
involved
in
to
a
default
position,
there
is
now
more
than
just
a
one- sided
argument
where
the
involved
parties
say,
You
owe
this
amount,
pay
it
otherwise
we
are
taking
your
house;
instead,
it
gives
the
homeowner
an
opportunity
to
pursue
their
claim
in
a
set-off
of
the
banks
claim.
So
now
there
is
an
opportunity
to
come
together
and
figure
out
who
owes
who
what,
or
whether
or
not
the
involved
parties
should
go
away
and
the
homeowner
keeps
their
house
and
we
call
it
even.
We
Correct
the
Public
Record
/
File
UCC:
With
public
instruments
that
we
are
privy
to,
we
assist
in
filing
on
behalf
of
homeowners;
we
correct
inaccuracies
on
the
public
record
and
rebut
the
presumptions
that
are
being
made
by
the
other
parties
with
their
documents
that
are
currently
on
the
public
record.
In
addition,
we
assist
the
homeowner
with
protecting
the
vested
interest
that
they
have
in
the
real
estate
consisting
of
closing
costs,
down
payment,
taxes,
insurance,
repairs,
renovations
and
any
improvements
with
a
commercial
fixture
lien.
We
Provide
a
Forensic
Loan
Investigation:
TILA/Disclosure/Appraisal
Audit:
If
necessary,
an
extensive
investigation
in
to
the
truth
regarding
a
homeowners
loan
documents
can
determine
whether
or
not
the
loan
should
have
been
approved
in
the
first
place.
In
addition,
we
find
out
whether
or
not
numbers
were
inflated,
figures
were
manipulated
or
other
improper
processes
took
place
in
the
appraisal
and
other
documents.
This
is
only
a
partial
list
of
criteria
that
we
scrutinize
for
in
each
situation.
We
discover
the
truth
of
the
matter
and
establish
it
as
evidence
through
a
certified
witness
of
the
state.
Peace
of
Mind,
LLC
Copyright
2010
Page 13 of 37
Mortgage
Electronic
Registration
Systems
(MERS):
In
order
to
prevent
foreclosure,
it
is
strongly
recommended
homeowners
take
action
by
investigating
the
potential
fraud
practiced
by
the
banks.
Fighting
back
against
the
bank
can
steer
a
homeowner
in
the
right
direction
with
regards
to
protecting
their
well- being.
A
loan
examination
can
unveil
if
MERS
Deeds
of
Trust
are
valid.
In
actuality,
ALL
MERS
Deeds
of
Trust
/
Mortgages
are
VOID!
The
FACTS
regarding
MERS:
1. MERS
is
not
a
lender,
creditor
or
bank
2. MERS
has
no
agency
status
as
a
nominee
3. MERS
does
not
lend
or
extend
credit
4. MERS
does
not
service
mortgage
accounts
5. MERS
does
not
hold
Promissory
Notes
in
possession
6. MERS
has
NEVER
owned
or
received
ANY
beneficial
interest
in
ANY
Mortgage
EVER!
The
customized
form
of
Mortgage
/
Deed
of
Trust
utilized
by
Mortgage
Electronic
Registrations
Systems
Inc.,
(MERS),
is
not
entitled
to
any
of
the
statutory
mortgagee
protections
provided
in
the
provisions
of
Federal
and
State
Law.
A
Nominee
Mortgagee
is
simply
not
entitled
to
the
statutory
benefits.
The
provisions
are
strictly
construed
against
MERS
putative
conveyance
since
the
statutory
provisions
are
in
derogation
of
common
law.
For
example,
MERS
mortgagee
deeds
have
two
entities
exercising
the
same
statutory
foreclosure
powers.
Law
only
protects
the
actual
holders
of
the
mortgage
deed
or
their
statutory
assigns,
not
nominees
which
only
have
a
role
with
stocks
and
bonds.
MERS
argues,
in
a
futile
exercise
of
nominalism,
that
splitting
the
term
mortgagee
from
the
lender
has
a
benefit
to
itself.
MERS
mortgage
deeds
are
defective
because
the
statutory
protections
run
to
functional
powers
of
the
holders
of
the
mortgage
and
of
the
mortgage
notes,
not
to
self-defined
nominees.
Nominees
are
not
eligible
to
hold
future
interests
in
property
without
statutory
assignments.
Only
statutory
assignees
can
exercise
the
functional
abilities
necessary
to
gain
control
of
the
five
(5)
statutory
elements
required
to
provide
a
clean
title
at
the
end
of
the
process.
Statutory
protections
run
to
the
holders
of
the
mortgages,
not
their
nominees.
When
MERS
does
not
have
an
actual
separate
written
and
recorded
conveyance
from
the
actual
holder
of
the
mortgage
to
itself
prior
to
MERS
making
a
conveyance,
the
conveyance
is
void.
MERS
by
its
own
description
in
paragraph
C
is
not
contractually
able
to
perform
the
statutory
functions
of
the
holder
of
the
mortgage.
Mortgage
Electronic
Registration
Systems
Incorporated,
as
a
putative
nominee,
selected
by
the
Mortgagor,
usually
lacks
actual
recorded
authority
from
the
Holder
of
the
Mortgage
by
way
of
a
recorded
or
a
recorded
power
of
an
attorney.
Mortgage
Electronic
Registration
Systems
Incorporated
can
not
by
its
own
definition
be
a
holder
of
the
mortgage
deed.
Mortgage
Electronic
Peace
of
Mind,
LLC
Copyright
2010
Page 14 of 37
Registration Systems Incorporated did not own or possess or control the mortgage note which was necessary to enforce the mortgage deed as required by UCC-3-301. Pursuant to Rule 9, Section 1(b) of the Rules of Membership, MERS has "no ownership rights whatsoever in or to any information contained on the MERS System. It is our position that the information contained on the MERS System is the private, proprietary property of our Members, and that the information should be produced, if at all, by the Member who owns the information. This approach protects the privacy of the information, and allows our Members to control how and when it is distributed. These facts are becoming difficult to dispute, from a Judge's perspective given the recent Supreme Court decisions. MERS v. Southwest Homes of Arkansas Landmark v. Kesler Riggs v. Aurora (Fl. 4DCA, Case No. 4D08-4635, decided 4/21/2010 Jerman v. Carlisle Bellistri v. Ocwen Dist. Ct. Case No. 2:09-CV-00661-KJD-LRL Bankr. Ct. Case No. BK-S-07-16645-LBR In Re: Wells Bankruptcy Oh Nd Decision 22 Jun 2009 US BANK v. Ibanez Just because MERS claims its ability to misuse the word nominee in any way that is beneficial, does not CHANGE 200 years of property law. A continuing theme demonstrates the title defect, the questionable conduct of pretender lenders, and the defects in the foreclosure process when you let companies with big brand names bluff the system. The fatal MERS GAP arises whether MERS is actually the nominee on the deed of trust (or mortgage deed) or not. It is an announcement that there will be off record transactions between parties who have no interest in the loan but who will assert such an interest once they have successfully fabricated documents, had someone without authority sign them on behalf of an entity with no real beneficial interest or other economic interest in the loan, and then frequently notarized by someone in another state. We have even seen documents notarized in blank and forged signatures of borrowers on loan closing papers. Anyone who pays the MERS membership fee can sign on behalf of MERS to assign or otherwise conduct foreclosure activities. MERS is a SHAM. Everyone knows it and there is no factual basis to support their assertions to rights to foreclose. One word sums it up: FRAUD.
Page 15 of 37
UCC-1 stands for Uniform Commercial Code Form 1. It is a financing statement, not an agreement. It is just notice to the public that one person claims that it has an interest in someone else's property, usually as collateral for a debt. It is normally filed in the office of the Secretary of State in the state where the debtor/borrower is located. In most cases, located means the state of incorporation for corporations, the state of creation for limited liability companies and other entities, and the state of residence for individuals. The UCC-1 may be used to notice a lien created by a security agreement of a loan for a home, car, etc. The importance of the UCC-1 to the secured party and other lenders/creditors is the first in time, first in line priority. A UCC-1 notifies others of outstanding debt such as security agreement, summary judgment lien, commercial or maritime lien and so forth. Collateral items may be listed directly. Property, both real and personal property, can be involved. All of this is for the protection of the secured party and allow other possible lenders/creditors to be aware of outstanding, unpaid debt that would stand in line for collection of any new debt. Why Do We File a Commercial Lien Against the Lender, Its Assets, and Employees? We do it for leverage. When the banks assets and employees are tied up, it gives Peace of Mind, LLC the ultimate negotiating power. Because the lien is a UCC-1 commercial lien, it moves in to first position against any existing liens. The bank decision makers have to negotiate in order to have the liens removed. Notary Bill of Lading: A notary bill of lading is a chattel cargo manifest which outlines the documents that are included in the filing. It lays out the value of the documents equal to the value of the first promissory note. It states that we are giving them 10 days to respond, otherwise the documents will be considered accepted, which means they will owe us that money. Notary Certificate of Service: This document verifies that our notary will be mailing these documents and certifying to that effect with their notary stamp and seal on this page. Commercial Affidavit: All of the instruments are signed by our client in their capacity with a title as grantor/beneficiary as, trustor, settlor, issuer and maker. Grantor/beneficiary and trustor/settlor are in regard to the Deed of Trust which is the security instrument and issuer maker is referring to the promissory note that the grantor originally issued upon which they were the maker. This document simply clarifies for the record all of these titles are the same as the grantor so nobody is confused about whom the grantor is and what they are doing with this filing. It lays out the details that the grantor was the source of the funds and it was the grantors signature that created the value in those documents in the first place. It also clarifies which property it is that we are identifying.
Page 16 of 37
Modified
Deed
of
Trust
Rider:
This
is
an
amendment
and
rider
recorded
with
the
deed
of
trust
and
it
is
nunc
pro
tunc
which
means
these
changes
that
the
grantor
is
making
in
this
modification
go
back
to
the
original
date
just
as
if
they
had
originally
done
it
this
way.
The
Modified
Deed
of
Trust
Rider:
1. Terminates
old
parties:
It
points
out
that
we
are
labeling
the
termination
of
parties
listed,
and
by
the
grantors
order
they
are
terminating
all
of
the
other
debtor
parties
who
were
the
original
parties
on
the
original
deed
of
trust
and
correcting
the
public
record
as
to
this
fact.
2. Labels
the
new
parties:
We
are
labeling
the
new
parties
to
the
deed
of
trust
with
the
ALL
CAPS
or
legal
fiction
name
of
Lender.
The
beneficiary
is
going
to
be
the
Trust
that
we
assist
in
forming
for
the
homeowner
and
it
labels
the
new
trustee
as
Peace
of
Mind,
LLC
and
goes
into
termination
details,
stating
all
the
terms
of
the
previous
deed
of
trust
are
hereby
terminated.
3. Identifies
new
terms:
The
new
terms
are
that
the
balance
of
the
loan
is
zero
and
that
the
duty
of
the
new
trustee
is
to
faithfully
follow
the
instruction
of
the
trustor,
which
is
the
grantor.
It
states
that
compensation
will
be
by
mutual
agreement
(it
means
if
grantor
tells
us
what
to
do
we
will
do
it
for
them
and
we
cant
do
anything
else
other
than
that).
Additional
Items
We
File:
Deed
of
Trust:
The
amended
deed
of
trust,
the
assignment,
any
appointments
and
any
trustee
sale
notice,
if
applicable,
which
we
mark
voided
for
fraud.
IRS
Form
4490:
A
proof
of
claim
so
if
the
IRS
is
claiming
they
are
owed
an
amount
from
the
legal
fiction
name,
an
agent
must
swear
to
this
and
have
their
signature
notarized.
IRS
W9
Form:
Gives
us
the
opportunity
to
identify
a
party
by
either
social
security
number,
tax
payer
or
employer
identification
number
so
we
know
who
we
are
dealing
with,
and
whether
they
are
an
individual,
corporation
or
other
entity.
It
is
simply
a
way
of
asking
for
proof
of
identification.
IRS
1099A
Form:
Provides
another
opportunity
for
parties
to
certify
under
penalty
of
perjury
that
they
have
examined
this
return
and
the
accompanying
documents
and
what
they
are
saying
is
true
and
signed
on
the
dotted
line
to
that
effect.
We
have
asked
the
grantor
to
sign
all
the
documents
with
a
notary
certificate
and
acknowledgement
that
what
the
grantor
is
saying
is
true,
under
their
full
commercial
liability,
and
under
penalty
of
perjury.
So
now
all
we
are
doing
is
asking
the
debtor
parties
to
do
the
same.
These
last
3
documents
are
recorded
blank
so
everybody
knows
what
they
were
provided
and
the
opportunity
they
were
provided
to
substantiate
their
claims.
Qualified
Written
Request:
Peace
of
Mind,
LLC
Copyright
2010
Page 17 of 37
This document is a private document and is sent to the originator, MERS, if applicable, and the loan servicer. A QWR is made pursuant to the Real Estate Settlement Procedures Act (12 U.S.C. 2601-2617) otherwise known as RESPA and its implementing regulation X (24 C.F.R. 3500.21) and is an important communication tool by which the consumer can put the servicer on notice that there is a problem if there is an error in the mortgage account. There are specific guidelines as to how a QWR needs to be written and filed and what it contains: the request must be in writing, identify the borrower by name and account, and include a statement of reasons why the borrower believes the account is in error. The servicer must acknowledge receipt of the request within 20 days. We are requesting an accounting of everything. We are asking for it to be certified under oath. The servicer then has up to 60 days from the date of request to take action to either provide a written notification that the error has been corrected, or provide a written explanation as to why the servicer believes the account is correct. Either way, the servicer has to provide the name and telephone number of a person with whom the borrower can discuss the matter. The servicer cannot provide information to any credit agency regarding any overdue payment during the 60 day period. There is a long list of what we are asking for; between 40 and 211 questions are asked! Were making the claim that if they dont rebut this request and its individual obligations, then they are agreeing it as truth and admitting they do not own the note and deed of trust as the true holder in due course, so they have no right to its enforcement. Were saying that theyre merely a service provider, servicer or debt collector with no rights. Were also stating that the grantor as maker/issuer deposited a promissory note, a negotiable instrument with the originating lender, which is true. We quote Modern Money Mechanics which is published by the federal reserve bank of Chicago that states in part that any deposit received is new money and that essentially the negotiable instrument when signed had the effect of creating money. It had value and it was money, it was considered money when deposited with the bank and the grantor was never given credit for that deposit. We then make the request that they still owe the grantor the value of that deposit amount. Administrative Process: While we are sending the QWR, we are also pursuing the first step of the administrative process, which certifies via notary presentment that if the alleged beneficiary has a problem with any of this, they can respond to the notary public so the notary can certify that response, or when they dont respond, that no response was made and by not responding, that they are admitting to its truth. After the specific amount of time noted, the notary then certifies there was no response, that they defaulted, and that they failed to cure the situation and therefore it is certified that they owe the grantor the money that was claimed. At that point, we are taking the claim with the supporting document that we have certified by the notary public, who is an officer of the state and the court, and we are filing an additional UCC-1 financing statement for the amount claimed.
Page 18 of 37
Bank
Obligation
of
Instrument
Tender
When
a
commercial
bank
sends
the
instrument
to
the
secretary
for
discharge
of
its
own
obligations
and
a
problem
arises
concerning
the
instrument,
a
commercial
response
is
required.
There
is
a
legal
liability
of
the
government
to
a
negotiable
legal
tender
obligation
upon
the
United
States
government
sent
to
them
for
acceptance
by
a
member
of
the
Federal
Reserve
Bank
after
they
received
it
and
became
responsible
for
it.
The
Treasury
has
an
obligation
as
a
department
of
government
serving
the
public
interest
to
the
bank
which
as
a
member
of
the
Federal
Reserve
System
that
has
a
commercial
obligation
to
an
account
holder
and
a
3rd
party
who
tendered
the
item
in
payment
to
tell
them
that
its
not
any
good
or
its
not
going
to
be
honored,
even
if
they
wanted
to
keep
it
for
prosecution
or
investigation.
This
is
in
effect
what
the
directive
says
the
government
will
do
if
its
no
good.
What
does
statutory
law,
regulation,
or
case
law
tells
us
about
what
that
obligation
is?
They
do
not
dishonor
it
in
any
way
by
return
of
the
item
or
the
sending
of
any
notice
to
that
effect,
or
make
request
for
additional
information
or
time
for
examination
of
the
instrument,
or
given
a
statement
of
explanation
indicating
the
time
frame
for
its
review
and
settlement
if
it
would
be
an
inordinately
lengthy
time
as
longer
than
60
days
to
finish
it.
The
instruments
being
kept,
held,
and
without
return
or
dishonor,
are
accepted
as
an
obligation
of
the
United
States
in
the
discharge
and
recovery
of
the
public
debt
as
it
makes
claim
on
its
face
to
be.
If
the
bank
had
had
to
pay
the
item
to
honor
its
customer
agreement
as
if
it
had
been
a
check,
what
would
or
could
the
bank
be
trying
to
do
to
settle
the
account?
The
bank
needs
to
treat
the
instrument
tendered
as
an
obligation
of
the
US
to
the
bank.
The
tender
of
these
instruments
discharge
the
obligation
of
the
debt
for
which
they
are
delivered
and
the
payee
becomes
the
new
holder
in
due
course
and
collection
agent
on
the
instruments.
Forms
of
Fraud
We
Look
For:
Mortgage
related
fraud
is
defined
by
our
loan/mortgage
officers
and
affiliates
as
intention
to
obtain
a
homeowner's
property
and
equity.
This
is
accomplished
by
using
any
of
the
following
tactics:
Falsifying records and documents Committing fraud upon the courts by stating they are the Holder and Owner of the note - when in fact - they do not own or hold the "original" note Preying on the ignorance of the court and homeowner; Falsely claiming Pooling and Servicing Agreements, industry standards, rules, guidelines or other industry-authored writings supersede the law Entering on-time payments as late, to exact illegal and unauthorized fees Manipulating account records Falsely claiming to be the owner/holder of the mortgage Page 19 of 37
Falsely claiming standing by use of names such as Trustee, Assignee, Nominee, Beneficiary, etc. Fraudulently invoking the jurisdiction of the court Charging force-placed insurance when the homeowner already has full coverage Falsely reporting a default to the credit bureaus when it is the servicer creating the default Paying property taxes late, then charging late penalties to the borrower Paying taxes and insurance on the wrong property Creating fictitious documents (Lost Note Affidavits, Power of Attorney, etc.) Triggering the terms of the Deed of Trust without the debt instrument Double-dipping or apply to the trust for reimbursement after deducting the fees from the borrowers P&I payment Notary fraud Evidence tampering Theft of government services Perjury Felonious influence of public officials Money laundering Insurance fraud Securities fraud Constitutional and civil right violations Rounding up ARM rates when on a downward trend Not adhering to the terms of the loan documents Creating additional false deficiencies through a variety of questionable practices Adding miscellaneous fees to purposely create a deficiency with the borrower's next payment Not applying payments to principal and interest Committing perjury through misrepresentations Withholding or redacting discovery evidence Tampering with court transcripts and removing evidence from the record Conjuring up events that never happened while refusing to provide documentation to support their fallacies Refusing to cooperate with attempts to refinance and stop the illegal foreclosure Using abuse of litigation, appeals and malicious prosecution to litigate forever Payoffs to the consumer's attorney, law enforcement officials, judges, court personnel and government officials Refusing payments to guarantee default Adding thousands of dollars in unearned legal fees to create a default Ignoring customer complaints and "qualified written requests" Arrogantly violating numerous laws and regulations Coercing the homeowner in to signing a forbearance agreement to strip away their legal rights Intentionally causing delays to run up your legal expenses Unjust enrichment Embezzlement Page 20 of 37
Racketeering - RICO Vexatious litigation Abuse of process Violation of ethics Grand theft Extortion Tax fraud Public corruption Forging documents Threats and intimidation Electronic surveillance Wire fraud / mail fraud Conspiracy Fraud in the inducement and many others
Page 21 of 37
an
800
number
to
call
for
immediate
assistance.
When
you
call,
they
will
collect
all
your
personal
information
first
then
tell
you
that
someone
will
get
back
with
you
shortly.
They
then
sell
your
information
to
any
fraudster
that
wants
to
buy
it.
The
short
sale
flipping:
These
con
artists
will
send
you
a
letter,
or
might
even
knock
on
your
door
to
tell
you
that
they
want
to
buy
your
house
and
that
they
have
worked
with
your
lender
in
the
past.
They
will
make
a
valid
offer
on
your
property
well
below
the
market
value
and
tell
you
that
they
know
your
lender,
and
that
they
will
accept
the
short
payoff.
They
then
open
escrow
and
proceed
to
purchase
your
home.
They
notify
you
that
your
lender
has
accepted
the
short
sale.
All
the
while,
they
have
never
talked
with
your
lender.
The
scam
here
is
this
-
they
have
an
accepted
offer
from
you
to
buy
the
property
at
a
price
well
below
the
market
value.
When
they
opened
escrow,
they
instructed
the
escrow
company
to
show
their
vesting
as
Their
Name
and
or
Assigns.
They
then
find
a
buyer
to
take
the
assignment
of
the
purchase
who
will
agree
to
pay
the
difference
up
front
between
the
agreed
sales
price
and
the
market
value.
Both
you
and
the
new
buyer
have
been
duped.
The
new
buyer
has
been
robbed
of
his
upfront
cash
while
you
are
still
in
foreclosure
with
no
short
sale
agreement
from
your
lender.
The
con
artist
walks
away
with
cash
equity
because
he
sold
his
rights
to
a
bogus
purchase.
Who
to
Avoid:
1. Anyone
who
offers
a
service
for
free.
They
typically
just
collect
all
your
documents
then
sell
your
personal
information.
2. Anyone
who
makes
promises
when
logic
tells
you
that
those
promises
may
or
may
not
be
keep-able.
3. Anyone
who
is
not
in
business
for
more
than
10
years.
4. Anyone
who
comes
to
your
door
and
wants
to
buy
your
house.
5. Anyone
on
the
internet
who
claims
they
can
modify
your
home
loan
but
doesnt
give
pricing
disclosure
or
is
vague
about
their
services.
6. Anyone
who
offers
a
money
back
guarantee.
Remember,
they
still
have
your
personal
information.
7. Anyone
offering
services
without
proof
of
success
or
a
proven
track
record.
8. Anyone
who
comes
to
your
door
offering
a
bailout
loan.
9. Anyone
who
takes
your
case
on
a
contingency.
You
will
wind
up
paying
the
final
contingency
amount
even
if
a
compromise
is
reached
with
your
lender.
Contingencies
are
usually
30
-
40%
of
the
forgiven
amount
and
lenders
will
not
agree
to
pay
the
loss
mitigator.
You
may
have
saved
your
home
from
foreclosure
only
to
lose
it
to
a
mechanics
lien
filed
by
the
mitigator.
DONT
transfer
title
or
sell
your
house
to
a
foreclosure
rescuer.
Fraudulent
foreclosure
consultants
often
promise
that
if
homeowners
transfer
title,
they
may
stay
in
the
home
as
renters
and
buy
their
home
back
later.
The
foreclosure
consultants
claim
that
transfer
is
necessary
so
that
someone
with
a
better
credit
rating
can
obtain
a
new
loan
to
prevent
foreclosure.
BEWARE!
This
is
a
common
scheme
so-called
rescuers
use
to
evict
homeowners
and
steal
all
or
most
of
the
homes
equity.
Peace
of
Mind,
LLC
Copyright
2010
Page 22 of 37
DONT sign any documents without reading them first. Many homeowners think that they are signing documents for a new loan to pay off the mortgage they are behind on. Later, they discover that they actually transferred ownership to the rescuer.
2)
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13)
14) 15)
Q. Do you have to be behind on your mortgage to participate? A. It does not matter if you are current, behind, refinanced the loan, or lost the property. Remember: the lien is to secure your interest in the property. Q. What if the property was purchased by a 3rd party? A. At the client's request, we can force the banks hand and get the property back. In this case we suggest the monetary damages not to displace new homeowners. Q. What is the refund policy? A. When a client wishes to leave our program, there is no termination fee or long term contract which forces them to stay or continue with any further payments. All monies paid into the program to date are NON-REFUNDABLE. Also if we are able to release the mortgage, there will not be a cancellation of the joint venture agreement. A buyout is a possibility as notated in the JVA. Q. Can you show us a successful case? A. No - when a negotiation has been completed with a client with the bank, the bank requires a signed non-disclosure gag order. The bank does not want anybody to know how the procedure was done to keep others from doing the same. We also do not want to jeopardize a client's property by breaking the order. Q. If I'm currently in a loan modification, will this procedure help? A. Once you have a lien against the bank, your file moves to the top and whatever you want, our lien enforcement team will negotiate the terms requested by the client. Q. If there is a 2nd or 3rd, is the procedure different? A. The procedure for the 2nd and 3rd mortgage is the same and requires the same amount of time and energy. Q. What is the success rate? A. Very high. Q. What if I have a 2nd mortgage? Do I need to do the procedure with that? A. If you do not handle the 2nd, it will be a lien still against the property you owe. We suggest all liens against property go through the procedure to have them removed. Q. What is the cost for the 2nd mortgage? A. We structure it appropriately to the 1st mortgage, so it depends how that looks. Q. If I'm in the middle of a trustee sale reversal, will this help? A. Same as #16 Q. What if I lost my home 2 years ago?
Page 24 of 37
A. Fraud has no statute of limitation. You can pursue a lien against the bank at anytime you can afford the cost of the procedure. Punitive and compensatory damages are what you would be working for here. Q. Have any of the liens placed against the bank ever been overturned? A. Never. Q. How long do I have to act? A. Time is of the essence when you are behind on your house, and delaying this process can be a big mistake. Each day that passes makes it that much harder to get a mortgage release. The home foreclosure process usually takes about 90 days. When we find evidence of loan fraud, or predatory lending, the lenders typically stop the foreclosure in order to give their legal department time to review the case. Pending their case load, the mortgage release can be done in 3 - 6 months on average. If you qualify for our program you will be given a joint venture agreement to review. You have one week to ratify the agreement. Time is of the essence and we only help homeowners who are decisive and dont waste precious time. Q. Do I have enough time to stop my foreclosure? A. Up until the foreclosure sale occurs there is still hope. If a sale date for your house has been set you need to act fast. In these cases, you get emergency attention from us. If need be, we will have one of our attorneys get involved to stop the foreclosure sale. We typically turn away clients with a short timeframe from foreclosure and clients who take more than 7 days to make a decision. In some cases we can still help homeowners that already lost their home to foreclosure but it is harder to do. Q. I'm currently in bankruptcy. Can you still help? A. Yes. We present many alternatives to the court and the judge sees the violations of Federal law, until such time as the court can review the allegations. Q. Should I file for bankruptcy to save my house? A. Maybe, but not before we examine all your documents. Use bankruptcy as a last resort to saving your home. Its always good to explore all your options so dont rush into making an uninformed decision. Q. I've already talked with my lender and they just want all their money. Can you still help me? A. Yes. Many people experience this kind of inflexibility from their lenders before calling our team. Watch how fast they sing a different tune when they know they are dealing with an experienced team of professionals with access to judges and lawyers. Imagine their response if indeed evidence of loan fraud, predatory lending, or servicing violations is discovered. Then, there is the issue of servicing companies that are powerless to modify the loan. These are companies that do not own the note. We then bypass the company all together and go directly to the note holder. Page 25 of 37
19) 20)
21)
22)
23)
24)
25) Q.
Will
my
credit
be
damaged
from
doing
a
mortgage
release?
A.
Most
likely.
However
if
you
have
great
credit,
this
is
something
you
may
evaluate
in
your
decision
to
do
the
program.
If
your
credit
is
already
damaged,
we
may
be
able
to
help
reverse
any
adverse
accounts
through
our
Credit
Restoration
Program.
Through
the
CRP,
we
are
able
to
repair
and
remove
any
derogatory
information
on
your
credit
files
in
a
1
-
3
month
timeframe
rewarding
you
the
freedom
and
flexibly
realized
by
having
high
credit
scores.
(Some
cases
will
differ
in
timeframe)
Not
only
will
you
be
able
to
release
your
mortgage,
you
will
also
be
able
to
remove
any
late
payments
associated
with
this
account!
However,
you
have
to
understand
that
credit
agencies
are
private
organizations
and
credit
agencies
are
part
of
a
larger
system.
These
agencies
work
hand-in-hand
with
your
lender
and
the
banks
make
more
money
the
lower
your
credit
score
so
it's
not
surprising
that
your
credit
will
be
affected
by
these
strategies.
26) Q.
EXPENSES
Approximately
how
much
will
it
be?
A. This
varies
with
each
property.
Usually
if
the
property
is
near
foreclosure/trustee
sale,
more
cost
is
involved
since
we
may
have
to
hire
attorneys
to
defend
it.
With
most
cases,
it
doesnt
come
to
that
and
we
release
the
mortgage
before
they
try
to
foreclose.
It's
different
for
each
case.
27) Q.
What
makes
the
mortgage
release
legal?
A. Every
individual
has
a
TILA
Right
of
Rescission
recourse
that
is
self-enforcing.
The
process
begins
with
the
consumers
notice
to
the
bank
that
he
or
she
is
rescinding
the
transaction.
By
operation
of
law,
the
security
interest
and
promissory
note
automatically
becomes
void
and
the
consumer
is
relieved
of
any
obligation
to
pay
any
finance
or
other
charges.
Ultimately,
the
TILA
rescission
not
only
cancels
a
security
interest
in
the
property
but
it
also
cancels
any
liability.
All
actions
we
take
have
been
researched
and
backed
by
statutes,
rights
and
law.
28) Q.
Should
I
pursue
a
loan
modification
or
short
sale?
A. A
loan
modification
occurs
when
a
lender
agrees
to
change
one
or
more
parts
of
the
loan
terms
in
order
to
make
the
loan
more
affordable
to
the
borrower
(while
still
being
able
to
pay
the
lender).
The
loan
modification
is
best
suited
for
borrowers
who
are
behind
on
their
mortgage
but
have
a
plan
for
repaying
their
debts.
Generally
speaking,
a
loan
modification
candidate
had
a
specific
incident
or
occurrence
that
has
caused
them
to
be
behind
and
is
curable.
The
curability
is
significant.
Without
it,
the
lender
will
be
unlikely
to
agree
to
new
terms.
Most
loan
modifications
do
not
get
approved
and
that
is
the
problem
with
this
strategy.
Short
sales
are
more
appropriate
for
borrowers
who
are
mostly
hopeless
for
being
able
to
afford
their
mortgage.
This
may
happen
due
to
a
long-term
job
loss,
extended
illness,
divorce,
or
death
of
a
partner.
A
bank
is
more
likely
to
agree
to
a
short
sale
if
the
borrower
has
made
every
effort
to
repay
the
debt
and
to
sell
the
property.
The
lender
wants
to
see
an
effort
for
the
property
to
be
sold
for
the
most
amount
of
Peace
of
Mind,
LLC
Copyright
2010
Page 26 of 37
money possible. Lenders like to see the property listed with a reputable real estate company so they know the seller has done everything possible to cure the problem. Yet, most short sales do not get approved. The facts are that both of these options should be explored if you QUALIFY for them. The one big catch is that the lenders have the final say on the approval of a loan modification or short sale which does not give you control. A mortgage release will trump any of these bank approved options and give you peace of mind of eliminating your mortgage for good. The key is that you are in CONTROL. Together with the right team, you can save your home and protect your asset.
29) Q.
Can
I
get
a
copy
of
all
the
paperwork?
A. No.
You
can
get
it
after
you
are
qualified
and
approved
for
our
program.
30) Q.
This
sounds
like
a
great
program
to
help
people,
how
do
you
work
with
someone
who
would
like
to
affiliate
with
your
company?
A. Usually,
we
like
to
see
you
use
our
services
first
to
understand
how
it
can
benefit
you.
Once
you
see
how
this
works
personally,
then
you
can
start
referring
clients
to
us
for
a
commission.
And
once
you
have
proven
to
us
that
you
are
serious
about
the
opportunity,
then
you
can
become
an
Affiliate
with
our
company
and
we
can
help
your
clients
with
various
solutions
based
on
their
situation.
Please
call
our
offices,
and
we
can
give
you
more
information
about
our
Referral
and
Affiliate
programs.
31) Q.
Sounds
too
good
to
be
true?
A.
Yes,
sounds
unbelievable
right?
That
is
why
we
did
so
much
research
to
give
you
the
facts
in
this
special
report.
You
can
look
up
all
of
these
laws
and
statues
yourself
to
verify
the
validity
of
these
facts.
Here's
the
bottom
line:
as
simple
as
it
was
for
you
to
sign
documents
to
get
a
loan,
it
will
be
as
simple
as
you
signing
documents
to
release
that
loan/liability.
If
you
do
your
research
about
everything
we
mentioned
in
this
special
report,
you
will
be
amazed
at
what
you
did
not
know.
A
simple
example
is
a
cost
of
a
flight
to
a
destination;
everyone
is
pretty
much
paying
the
same
price
for
the
flight
(given
all
things
being
equal
such
as
when
they
booked
the
flight,
coach,
no
frills,
etc);
however
if
you
know
of
a
website
with
specials,
discounts
and
promotions,
you
can
get
the
ticket
for
almost
half
the
cost
of
the
other
seats
booked
on
the
same
plane.
The
person
that
paid
for
the
ticket
at
a
reduced
price
had
the
privy
information
while
95%
of
the
population
did
not.
Most
people
don't
have
many
options
and
the
options
they
do
have
favor
the
lenders.
32) Q.
What
if
you
can't
get
rid
of
my
mortgage
or
release
it?
A. There
are
many
strategies
we
use
and
that
is
the
good
thing
about
what
we
do.
We
are
not
just
a
'one
style/one
color
shop',
we
have
multiple
strategies
to
help
our
clients.
If
we
can't
release
your
lien
then
we
can
most
likely
place
a
lien
on
the
lender
for
fraud
and
you
can
get
a
judgment.
The
judgment
gets
filed
in
the
Federal
Court
system
so
it's
perfectly
legal
as
long
as
you
do
it
right
and
you
have
the
right
Peace
of
Mind,
LLC
Copyright
2010
Page 27 of 37
team
doing
it
for
you.
Then,
your
judgment
can
be
monetized
and
the
proceeds
from
your
judgment
will
go
to
you
and
you
can
pay
your
bank/lender
in
full.
33) Q.
Can
I
use
your
special
report
as
a
guide
and
do
my
own
research
to
do
this
myself?
A.
There
are
so
many
factors
of
each
client's
case
that
will
make
most
people
confused
beyond
madness
because
situations
on
cases
change
all
the
time
and
it's
not
always
cookie
cutter
how
each
case
is
handled.
And
most
importantly,
you
may
not
have
all
the
ingredients
to
be
successful
at
this
process.
These
variables
include
having
the
advice,
experience,
knowledge,
technology,
team,
expertise,
resources,
network,
association,
funding,
and
much
more.
Thus,
trying
this
on
your
own
or
even
with
the
help
of
someone
you
think
may
know
(like
a
friend
or
attorney
with
limited
knowledge
of
these
matters)
could
lead
to
very
dire
consequences.
34) Q:
Shouldn't
I
be
concerned
that
I
am
crossing
the
ethics
and
moral
issue
with
a
mortgage
release?
Some
people
may
wonder,
and
it
can
be
cause
for
concern,
about
the
process
you
are
suggesting
is
that
when
an
applicant
asked
for
a
credit
card,
that
applicant
promised
he/she
would
pay
it
back.
When
someone
takes
out
a
mortgage
to
buy
a
house,
that
person
promised
to
pay
it
back.
People
like
to
keep
their
promises
and
to
stay
in
honor.
Would
one
be
getting
a
'free
house'?
What
if
everyone
does
this,
will
we
have
a
financial
meltdown?
A.
This
is
a
summary,
but
it
is
vital
to
grasp
the
issues
which
are
actually
more
than
life
and
death
in
scope.
This
has
a
powerful
spiritual
dimension
as
well.
You
have
been
convinced
that
you
borrowed,
therefore
you
owe.
But
you
are
assuming
a
voluntary
servitude
that
is
not
required
of
you
by
law
and
you
were
not
informed
of
this
by
the
responsible
party.
There
has
not
been
disclosure
of
the
material
facts
by
the
bank
or
credit
card
company
and
they
had
nothing
to
give
in
return.
They
convinced
you
to
give
them
the
title
to
the
property
in
exchange
for
your
own
credit.
It
is
not
the
bank's
money
that
bought
the
house.
You
did
not
receive
value
from
them.
Your
own
promissory
note
supplied
the
credit.
In
return
for
your
credit
they
rent
it
back
to
you
for
30
years
and
hold
title
for
having
supplied
nothing
to
the
transaction.
Furthermore,
your
promissory
note
was
eventually
sold
multiple
times
without
your
permission
or
knowledge
even
though
it
belongs
to
you.
In
monetizing
your
promissory
note,
the
bank
increased
its
wealth
by
9
times
the
note
and
subsequently
demands
that
you
pay
back
the
principal
plus
interest....on
your
own
credit.
Your
note
created
money
for
them
and
yet
you
keep
paying
and
paying.
The
bill
of
exchange
you
obtain
for
the
$120,000
mortgage
is
worth
$1,080,000
to
the
bank
by
monetizing
it
on
the
discount
market.
As
a
"thank
you"
for
the
privilege
of
using
your
promissory
note
to
vastly
increase
its
own
assets,
the
bank
wishes
for
you
to
pay
back
the
$120,000
you
created
with
your
credit
plus
interest,
which
over
30
years
would
nearly
triple
the
cost
of
the
mortgage
AND
you
gave
them
the
collateral
of
the
house
that
you
already
paid
for
with
your
promissory
note.
Peace
of
Mind,
LLC
Copyright
2010
Page 28 of 37
In our debt elimination process there is no reneging on contract for two reasons. First, the debt is discharged by a surety bond and bill of exchange following existing statutes and administrative procedures. Secondly, there was no contract from the beginning. A "mortgage" is not a contract just as the Constitution is not a contract. A contract requires two (2) or more parties (Offeror and Offeree) who, at the time of its execution or adoption, covenanted to be bound by it as evidenced by the signature(s). The practiced pattern of the "mortgage" lending industry, and their well publicized activities, proves beyond a shadow of a doubt, that: (1) every "Mortgage Lender" did intentionally obtain their customers promissory notes, by non-disclosure, concealment and suppression of the material fact; (2) that the mortgage lender was not risking any of their own assets in the transaction ,and, (3) that the "Lender" did intentionally obtain their customers notes by concerted action, which would accomplish the unlawful things described herein, with full knowledge of the end results of their individual participation. In a just society, they would be charged with fraud, larceny and conspiracy to defraud (RICO). I will explain: A "Mortgage Lender" is not a party to a mortgage under the laws of contract. No agent/principal for the mortgage lender will sign a mortgage contract. The reason for the missing signature is because the agent/principal is fully aware that the mortgage lender is not tendering any consideration in the transaction. Therefore, having provided no consideration and having given no indication of any desire to participate as a party to the contract by signing the contract, neither the mortgage lender nor any other third party who may acquire the mortgage, has any legal authority to impose the terms of the mortgage. The contract fails for lack of consideration. There is no power of attorney in the mortgage granting the mortgage lender the legal right to use the individual's promissory note for the mortgage lender's personal financial gain, without compensating the maker of the note. There is no written granted authority, or disclosure in the mortgage for the mortgage lender, or any other party, to "pool", "encumber", "pledge", "hypothecate", or trade the individual promissory note on the secondary market where all trades are cleared by the Federal Reserve and are trades "off the books without compensating the maker. You, the maker of the note in the mortgage "contract" have made no appointment of representative status to any agent/principal of the mortgage lender. After obtaining the note, the non-authorized actions of the mortgage lender concerning the individual promissory note creates implied obligations for the maker to undisclosed and unknown parties to the original transaction.
Page 29 of 37
If
the
mortgage
were
a
contract,
then
the
mortgage
lender
would
have
had
to
tender
consideration
and
possess
the
original
unmarked
and
unaltered
note
in
order
to
sell
the
note
or
enforce
the
contract.
Otherwise
the
contract
is
"voidable".
When
the
mortgage
lender
obtains
the
customer's
promissory
note
without
consideration,
they
have
committed
an
act
of
"Constructive
Fraud"
by
acts
of
concealment
of
material
facts.
These
acts
of
concealment
of
material
facts
establish
a
Breach
of
Contract,
since
the
mortgage
lender
has
a
legal
duty
to
act
in
good
faith
and
disclose
all
material
facts
relative
to
the
transaction.
Having
obtained
the
customer's
promissory
note
by
Constructive
Fraud,
the
mortgage
lender
is
not
justified
by
"implied
consent"
to
enforce
the
contract,
as
that
consent,
implied
or
otherwise,
cannot
be
given
under
a
cloud
of
non-disclosure,
concealment
and
suppression
of
material
facts,
or
a
state
of
duress.
Do
you
think
the
bank
holds
the
moral
position
here?
If
the
sovereign
has
the
rights
of
sovereignty
over
himself
and
his
property,
then
each
is
capable
of
entering
in
to
a
social
contract.
But
by
the
use
of
mortgage,
those
who
are
sovereign
are
deceived
in
to
use
by
privilege,
of
what
they
think
they
possess
by
right.
A
privilege
is
granted
by
an
authority,
whereas
a
right
is
a
natural
heritage
implying
ownership.
Because
the
14th
Amendment
to
the
Constitution
has
placed
the
sovereign
under
the
protection
of
the
United
States
CORPORATION
which
administers
the
District
of
Columbia
and
all
other
Federal
territories
and
possessions,
the
mortgage
lender,
the
lawyer
and
the
judge
take
advantage
of
the
sovereign
under
the
undisclosed
concept
that
the
individual
is
a
perpetual
child
who
is
incompetent,
a
ward
of
the
State,
and
not
legally
capable
of
entering
in
to
ANY
contract,
while
yet
enforcing
an
implied
contract.
But,
a
contract
creates
the
law.
Therefore,
a
contract
is
a
living
body
of
law
and
is
an
agreement
made
between
living
people.
When
a
contracts
sponsors
and
promoters
reduce
to
a
document
words
and
terms
that
convey
privileges
and
authority
which
those
sponsors
and
promoters
have
no
right
or
lack
the
capacity
to
convey,
it
is
illegal.
There's
much
more
that
demonstrates
that
your
moral
issue
is
rather
to
uphold
your
right
to
be
considered
a
sovereign
rather
than
a
subject.
At
the
moment
you
are
considered
before
the
law
to
be
incompetent
and
in
need
of
caretaking.
Your
employees,
the
several
levels
of
government,
have
taken
without
permission
your
substance
to
be
collateral
for
the
debt
theyve
created.
Since
you
have
not
taken
the
position
that
you
are
capable
of
accepting
responsibility,
you
are
treated
as
though
you
were
irresponsible.
They
presume
that
since
you
have
not
taken
control
of
your
own
affairs,
you
are
content
to
remain
under
their
care.
So
morally,
to
avoid
this
issue
you
are
permitting
the
governments
to
usurp
power
from
you
and
collectively
from
all
other
sovereigns
who
do
not
Peace
of
Mind,
LLC
Copyright
2010
Page 30 of 37
know they have lost their status under a constitutional republic. By default you and all others who are unaware have created the impending dictatorship by inaction. Here is a moral position that cannot be overlooked. Since 1933, the US has been bankrupt and money is no longer available but for the debt instruments that, when used to repay debt, actually increase the national debt. Having withdrawn substance for commerce, only the government can extinguish our debts. That is the action of the surety bond and a bill of exchange instrument to discharge your debts. Furthermore, by "switching chairs" with you, the mortgagor manages to become the acceptor of your offer and ends up holding the contract in due course...meaning, as holder they retain the right of ownership whereas you obtain the privilege of its use! When title is registered, the true owner of the property -- car, house, boat, etc. -- is the state. Therefore you must pay rent to the feudal lord who owns the property to which you have acquired the privilege of its use -- taxes, license fees, etc. You own nothing and retain privilege at the sufferance of the State. Do you note the immorality of the system? This is the system you support by non- action, and establishing your rights to your own substance which has been taken from you without your knowledge or permission is the beginning of taking back the power you inadvertently let slip away. Not your fault. The schools, attorneys, the media, the government, the banks do not provide you with the information to make an informed decision. That does not diminish your own responsibility to become informed. Now you have a clearer idea of what the stakes are, you understand some of the consequences of being uninformed, and you have the choice of pretending you don't know or doing something about what you now know. In the end, all decisions need to be made by YOU and only you. That is why we put so much time and resources in to putting together a comprehensive Special Report to help you answer most, if not all, questions regarding the mortgage release. After all the facts are given, the decision is yours to make and when you make that decision, pick the one that allows you to sleep at night with full 'peace of mind'.
Page 31 of 37
Every
time
a
mortgage
is
transferred,
documents
are
required,
same
as
a
car,
house,
or
any
other
asset.
In
some
cases,
original
documents
are
available
to
confirm
the
existence
of
the
debt,
however
if
the
debt
was
sold,
transferred,
or
collateralized
with
other
pools
of
loans,
it
must
be
determined
if
there
are
any
other
claims
or
parties
that
may
have
claims,
prior
to
any
foreclosure
being
complete.
There
must
be
a
proper
chain
of
ownership
in
order
to
confirm
the
claims
of
the
parties
involved.
There
exists
RAMPANT
FRAUD
in
the
bubbles
of
real
estate,
mortgage,
and
Wall
Street
securities.
From
real
estate
valuation,
to
the
sales
terms,
mortgage
terms,
and
documentation
to
underwriting,
there
are
countless
examples
of
negligence,
fraud,
deceptive
practices,
predatory
lending
and
many
other
crimes
that
have
equally
countless
victims.
Many
of
these
victims
are
seemingly
unaware
of
these
crimes,
and
are
losing
their
homes
en
masse.
Wall
Street
has
only
been
the
conduit
for
the
real
estate
industry
bubble
created
from
2001-2007.
The
courts
have
upheld
that
a
Deed
of
Trust
and
a
mortgage
note
CANNOT
be
traded
or
sold
separately.
Federal
and
State
courts
have
upheld
that
the
power
of
sale
cannot
be
conferred
separately
from
the
ownership
of
the
debt
itself.
Most
foreclosures
are
conducted
by
a
trustee
who
has
been
instructed
to
do
so
by
parties
that
do
not
own
the
note/debt
itself.
Most
mortgage
notes
have
been
sold
or
traded
separately
from
their
Deed
of
Trust.
This
is
true
for
a
majority
of
mortgage
loans
in
the
United
States.
If
your
mortgage
happens
to
be
one
of
those
that
has
been
held
as
a
portfolio
loan
and
has
not
been
securitized
or
sold,
there
are
many
other
claims
that
you
may
have
to
defend
against
foreclosure,
including
but
not
limited
to,
items
listed
in
#6
above.
Your
original
eocuments
have
more
than
likely
been
destroyed
intentionally
or
otherwise.
It
is
much
cheaper
to
store
documents
digitally
than
to
store
the
physical
copies.
Due
to
this
fact,
most
mortgage
documents
are
scanned
and
destroyed
by
the
original
lender.
Other
times,
they
are
lost
or
destroyed
intentionally
where
parties
have
collected
on
claims
of
insurance
policies
in
effect
to
cover
against
such
losses.
Most
mortgage
documents
are
just
not
available.
Original
documents
are
REQUIRED
in
foreclosure
as
sole
method
to
verify
validity
and
authenticity.
Courts
in
Federal
and
State
jurisdictions
have
upheld
that
original
documents
must
be
provided
in
order
to
validate
and
authenticate
the
claims,
when
disputed
by
any
of
the
parties
involved.
Originating
lenders
and
brokers
of
mortgages
are
out
of
business,
leaving
no
trail
of
documents
to
verify.
It
is
true
that
upon
the
bursting
of
this
"bubble"
in
the
summer
of
2007,
more
than
300
lenders
quickly
shut
their
doors
over
a
3
month
period,
destroying
their
records,
documents,
and
paper
trails.
In
many
cases
this
left
a
cloud
of
doubt
over
the
title
and
the
true
ownership
of
the
debt
that
should
be
disputed
for
clarification.
Peace
of
Mind,
LLC
Copyright
2010
Page 32 of 37
Most banks and parties conducting foreclosures are NOT authorized by law to do so, and can be beat at their own game by disputing the validity of the debt!
Page 33 of 37
General
for
the
Troubled
Asset
Relief
Program,
under
HAMP
and
its
related
programs,
reports
that
Treasury
signed
agreements,
called
Servicer
Participation
Agreements
(SPAs)
with
145
servicers
as
of
October
3,
2010.
Of
the
$29.9
billion
obligated
to
these
servicers
under
their
SPAs,
$483.3
million
was
spent
as
of
that
date
on
completing
permanent
modification
of
first
liens.
Of
the
combined
amount
of
incentive
payments,
approximately
$268
million
went
to
pay
servicer
incentives,
$164.9
million
went
to
pay
investor
incentives,
and
$52
million
went
to
pay
borrower
incentives.
The
servicer
collects
additional
fees
from
late
payments,
foreclosure
actions,
and
numerous
junk
fees
that
they
add
to
the
homeowners
account.
The
SPA
does
not
allow
for
modification
unless
the
servicer
buys
back
the
loan
from
the
investor
at
the
balance
due,
which
the
servicer
wont
do
since
the
loan
is
in
default
and
the
home
is
worth
less
than
the
loan.
Buying
back
the
loan
would
mean
a
loss
for
the
servicer.
The
primary
mortgage
insurance
on
the
loan
meant
that
no
loss
occurs
in
the
event
of
foreclosure.
Credit
default
swaps
would
pay
not
just
losses,
but
above
and
beyond
losses.
Using
these
forms
of
Insurance,
for
instance,
a
$2
premium
can
be
paid
to
insure
$100
in
debt.
For
these
reasons,
the
servicer
did
not
engage
in
any
meaningful
effort
at
loan
modification
despite
the
statutory
mandate
in
the
state
of
California
and
falsified
their
claim
under
Civil
Code
Section
2923.5.
The
Foreclosure
Process
Was
Unlawful
The
original
mortgage
was
executed
on
December
15,
2006.
The
beneficiary
and
mortgagee
is
MERS
and
the
lender
is
GreenPoint
Mortgage
Funding,
Inc.
Marin
Conveyancing
Corp.
is
the
trustee
according
to
the
Deed
of
Trust
and
the
mortgage
allows
for
the
Trustee
to
invoke
the
statutory
power
of
sale.
The
SPA
contained
in
the
caveat
states
that
the
mortgage
instrument
must
be
duly
executed
and
fully
enforceable.
The
note
states
that
the
lender
may
transfer
the
note
and
the
nender
or
anyone
who
takes
the
note
by
transfer
and
who
is
entitled
to
receive
payments
under
this
note
is
called
the
note
holder.
The
actual
note
holder
is
unknown
at
this
time
and
whether
or
not
MERS
has
any
authority
to
act
as
the
agent
of
the
current
note
holder
is
unknown.
Section
131(g)
of
the
Truth
in
Lending
Act
(15
USC
Sec.
1640)(TILA)
was
amended
on
May
19,
2009,
to
include
a
new
provision
requiring
the
assignee
of
a
mortgage
loan
to
notify
a
consumer
borrower
that
the
loan
has
been
transferred.
Section
131(g)
requires
the
new
owner
or
assignee
of
a
mortgage
loan
must
notify
the
borrower
in
writing
within
30
days
after
the
mortgage
loan
is
sold
or
otherwise
transferred.
This
notification
never
occurred.
MERS
as
the
assignee
violated
this
notice
requirement
and
is
subject
to
civil
penalties
under
Section
130(a)
of
TILA.
Further,
effective
July
31,
2009,
the
maximum
penalty
Peace
of
Mind,
LLC
Copyright
2010
Page 34 of 37
increased from $2,000 to $4,000. that an individual consumer may recover for each TILA violation in connection with a closed-end loan secured by real property or a dwelling increased. Additionally, TILAs Section 108 provides that a violation of any requirement imposed under TILA shall be deemed a violation of a requirement imposed under [the FTCs Act], regardless of whether a person committing a violation otherwise comes under the FTCs jurisdiction. For willful or knowing violations, a person may be fined up to $5,000 and/or imprisoned for up to one year, in accordance with Section 112 of TILA.
Supporting
Organizations
The
UPU
(Universal
Postal
Union)
in
Bern,
Switzerland,
is
an
extremely
significant
organization
in
todays
world.
It
is
formulated
by
treaty.
No
nation
can
be
recognized
as
a
nation
without
being
in
international
admiralty
in
order
to
have
a
forum
common
to
all
nations
for
engaging
in
commerce
and
resolving
disputes.
The
UPU
operates
under
the
authority
of
treaties
with
every
country
in
the
world.
It
is,
as
it
were,
the
overseer
over
the
common
interaction
of
all
countries
in
international
commerce.
Every
nation
has
a
postal
system,
reciprocal
banking,
and
commercial
relationships,
whereby
all
are
within
and
under
the
UPU.
The
UPU
is
the
number
one
military
contract
mover
in
the
world.
For
this
reason
we
send
all
important
legal
and
commercial
documents
through
the
post
office
rather
than
private
carriers.
We
want
direct
access
to
the
authorityand
corresponding
availability
of
remedy
and
recourseof
the
UPU.
For
instance,
if
you
post
through
the
US
Post
Office
and
the
US
Postmaster
does
not
provide
you
with
the
remedy
you
request
within
twenty-one
(21)
days,
you
can
take
the
matter
to
the
UPU.
Involving
the
authority
of
the
UPU
is
automatically
invoked
by
the
use
of
postage
stamps.
Utilization
of
stamps
includes
putting
stamps
on
any
documents
(for
clout
purposes,
not
mailing)
we
wish
to
introduce
in
to
the
system.
As
long
as
you
use
a
stamp
(of
any
kind)
you
are
in
the
game.
Note:
The
United
States
has
a
treaty
with
the
Universal
Postal
Union
and
the
terms
and
conditions
of
that
treaty
must
be
followed
by
all
who
choose
to
use
the
United
States
Postal
Service
for
all
mailings.
All
complaints
of
mail
fraud
can
be
handled
through
the
UPU.
Peace
of
Mind,
LLC
Copyright
2010
Page 35 of 37
Page 36 of 37
property or for any particular purpose. The author(s) release and waive any damages whatsoever including without limitation to loss of profits, principal, asset protection, legal and criminal liabilities for the use and in ability to use the information presented.
Page 37 of 37