What happened when you bought your property?

A. You signed a Promissory Note

1. Evidence of your debt

2. Does not need a trust deed and is a negotiable instrument

3. If conditions in the note and trust deed are in conflict, the note prevails

4. Acceleration and alienation

What happened when you bought your property?

B. You signed a Trust Deed –a lien on your property

1. Makes real property collateral for a loan

2. Needs a note for security

3. It is NOT a negotiable instrument

4. Is this an actual Contract? 4 pts to a contract

5. Trustor –borrower; Beneficiary –lender; Trustee –third party who has the legal right to foreclose and sell the property

C. The bank turns your note into a security, bundles it with other notes and sells them to investors-they get their money back (several times!)

D. A servicing company handles the collection and distribution of your payments

What happened when you bought your property? – Cont;

What happens when the bank forecloses?

What happens when the bank forecloses?

1. Payment past due –Trustee sends notice of default

2. Minimum of 3 months to reinstate

3. 21 days publishing period

4. 1 day –Trustee sale

5. Owner entitled to immediate possession

6. First deed holder may bid up to amount of debt to take over the property

7. You may still be liable for shortfalls and amounts due on any second mortgage

8. They get your property and start the securitization process all over again and make even more money!

What are your options?

A. What are your options?

Allow foreclosure to take place

Short sale –have the bank approve a buyer for a price less

than the amount of your first mortgage-sometimes they

still can come after you for any shortfall of your Note.

Deed in lieu of foreclosure –turn over the property to the

bank to stop the process

Walk away and hope they don’t come after you

Use our process to eliminate all Bank debt associated

with the property!

How do you benefit?

B. How do you benefit?

Complete elimination of your debt liability on all

loans associated with the property

Short sale, deed in lieu of

foreclosure, foreclosure or walking away DO NOT

relieve you from liability for the shortfall or

second mortgages

Our process DOES relieve you from all liability for

any debt associated with the property

How can you stop foreclosure?

How can you stop foreclosure?

1. We attack the FINANCIAL INSTITUTIONS for fraudulent practices through a non judicial administrative process (Administrative Procedures Act of 1947) to clear your title and eliminate the mortgages.

2. The process is private and fast (normal 60 to 90 days-as fast as 30-40 days), normally before the Financial Institutions can respond.

3. Our process is based on our ability to expose a fraud by the Banks for which they can be liable up to 3 times the amount of the mortgage and possible jail time, for each documented count of fraud.

4. We contract with the Bank’s major players (CEO, COO, EVP, CFO, etc) and can make them (sometimes personally) liable. They would just as soon let you go than risk this!

The non judicial administrative process

The non judicial administrative process

1. A case may be handled as an Administrative

Default if the defendant(s) had been served a

Summons and Complaint, the time to answer

has passed and no response has been received

2. Used by lender trustees to foreclose without

court process

3. Because of the securitization performed by the

FINANCIAL INSTITUTIONS, none of the parties in

the transaction have legal standing to foreclose

property

4. We use the same process under federal and state

law to file an instrument or reconveyance as

attorney in fact for the beneficiary of record –forcing

the “pretender lender” to either back off or prove

their case

The non judicial administrative process - Cont;

Remedies for fraud

18 USC §1341. Frauds and swindles

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both

Points of fraud

1. CURRENT TRUSTEE is not the real party in interest;

2. FINANCIAL INSTITUTION converted Grantor’s (conversion of

Collateral) deposit liability account to its own use, without

notice, consent or authorization;

3. FINANCIAL INSTITUTIONS have created and passed fraudulent

securities;

4. FINANCIAL INSTITUTIONS conducted an unlawful, fraudulent

conveyance of Claimant’s property;

5. FINANCIAL INSTITUTIONS forced Claimant to labor to pay interest

on the equity in real property (real estate) that FINANCIAL

INSTITUTIONS received for free;

Points of fraud – Cont;

6. FINANCIAL INSTITUTIONS have violated the Fair Debt Collection

Practices Act, [15 USC 1692-1692o];

7. FINANCIAL INSTITUTIONS violated the Truth in Lending Act [15

USC 1601-167E (TILA)] and never disclosed the true

nature, costs or risks of the agreement;

8. FINANCIAL INSTITUTIONS violated the Real Estate Settlement

Procedures Act [12 USC 2605(e) (RESPA)] and never disclosed

the true nature, costs or risks of the agreement;

9. FINANCIAL INSTITUTIONS violated the Common Law Doctrine of

Unconscionability;

10. FINANCIAL INSTITUTIONS implemented and are attempting to

enforce a predatory lending scheme; and an adverse claim found

at [UCC 8-105(b)]

Fraudulent negotiation of instruments

Fraudulent negotiation of instruments

1. There is no evidence that the purpose of the Trust was not to split the Grantor’s perfect title into two subtitles, so that under Admiralty or UCC (Debtor/Creditor) law, an imperfect title exists -possessory title 9/10 of the law (Trustee) and beneficial/equitable title 1/10 (Beneficiary).

2. There is no evidence that the intent of the Trust was not to convey property ownership from the Grantor and convert it to beneficial interest of third parties.

Fraudulent negotiation of instruments – Cont;

3. There is no evidence that equitable title is not divided title, which is evidence of a trust.

4. All unconscionable contracts are subject to rescission under the common law and Admiralty Law for failure to make the proper disclosures; in constituting an acceptance, where there is no meeting of the minds there is no contract as required by §226.23(b)(1) regarding Notice of Right to Rescind as set forth In re Pearl Maxwell v. Fairbanks Capital Corporation, 281 B.R. 101,(2002).The Uniform Commercial Code addresses unconscionable contracts [Ref. UCC §2-302; 13 Witkin Cal. Summary 10th §40 @ unconscionable; 15 USC §1635].

Lender statute violations

Lender statute violations

1. Multiple statutes that define commercial instruments

such as promissory notes, credit agreements, bills of

exchange and checks as legal tender, or money, and

financial assets [12 USC 1813(l)(1); UCC §1-

201(24), §3-104, §8-102(9), §§9-102(9), (11),

(12)(B), (49), (64)]

2. [17 CFR 240.15c1-2] Fraud and misrepresentation

3. [18 USC 1957] Engaging in monetary transactions in

property derived from specified unlawful activity

Lender statute violations- Cont;

4. Truth and Lending Act [Section 1640(h)]

5. The Uniform Deceptive Trade Practices Act

6. [12 USCA §1831n(a)(2)(A) or 12 CFR 741.6(b)]

(GAAP)

7. [12 USC CHAPTER 2 SUBCHAPTER 4 SECTION 83

(a)]

8. Law by Acts of Collusion

Lender statute violations- Cont;

9. FDCPA [15 USC 1692e(g)(A)] false representation of character amount or legal status of debt

10. [15 USC 1692d]; conduct the natural

consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt

11. State consumer protection laws; breach of good faith and fair dealings, unfair and unlawful conduct and unfair trade practice upon the consumer.

To start the YOUR remedy process…

1. Read this over a couple of times to understand what we do, it’s easy. Goal –remove all debt from YOUR property, and obtain clear title,

2. Property owner requirements

A. Execute our Agreement & Authorizations

B. Provide copies of Note, Deed of Trust, latest loan statements, and notices received from FINANCIAL INSTITUTIONS. Request a payoff amount from the FINANCIAL INSTITUTION.

C. Contact us and see what our availability is.

D. We can only take on a couple of clients at a time. (we are about winning, not volume).

E. Review our next opening and see if it works for you.

F. If you have special needs or circumstances, we need to know in Advance. If you are too far down the line we may not be able to assist you. Don’t guess, ask us!

Documents that you sign

Eliminating the Deed of Trust

1. Client agreement-Limited Engagement Services

2. Administrative Process and Service Understanding

disclosure agreement

3. Power of Attorney & Appointment of Trustee

4. Deed of Trust & Private Promissory Note for Services

(these will NOT BE FILED until I have removed your

account (bank loan) and cloud on your title (deed of

trust) (do a Sutsitituion of Trustee ((if needed)) and

a Deed of Reconveyance).

Process and your costs

The process is three fold: 1. Settle the existing account, (we use or private

Bonding Capacity and admin process for this).

2. Removing the banks deed of trust from your property. Clearing title.

3. Place new encumbrance on the property Private Promissory Note for Services (30% of what I remove from Private Residences and 40% for Commercial OR Income Property).

4. Your Option, No payments for 5 years (60 months) so you can regroup and catch your breath).

5. No interest if paid within the five years.

Process and your costs –Cont;

The Administrative Costs are as follows: $7,500 for the administrative portion of the items $2,500 down which covers Bond and start up (as marked A on

schedule of services)

$2,500 when invoiced which covers (as marked B on attached schedule of services)

$2,500 when invoiced which covers (as marked C on attached schedule of services)

$2,500 for each second and/or third trust deed (it takes the exact same process to remove these)

Upon completion of filing of Substitution of Trustee and Deed of Reconveyance, (clearing clouds on the title and renaming Trustee and Beneficiary for YOU) the new Private Promissory Note for Services will be earned and a new lien/financing private note will be put on the property.

Qualifying properties

Almost any Property in California

MERS listed as Beneficiary on the Deed of Trust

(preferred)

Property value is less than alleged obligation (preferred)

Property has at least 60 days before a Trustee Sale Date

You understand the elements of fraud and are

committed to working with us to go through the process

Title clearing process

1. Notice of Setoff sent to IRS and Secretary of Treasury.

2. TILA AND RESPA (Qualified Written Request and Notice of Right to Cancel) sent to FINANCIAL INSTITUTIONS with specific performance requirements –20 days to respond

3. Letter of Clarification sent to FINANCIAL INSTITUTIONS with points of fraud –20 days to respond FINANCIAL INSTITUTIONS do not respond –acquiescence by silence

4. Notice of Fault sent to FINANCIAL INSTITUTIONS –10 days to reply

5. Notice of Default sent to FINANCIAL INSTITUTIONS –10 days to reply

Title clearing process – Cont;

6. Specific Power of Attorney granted by FINANCIAL

INSTITUTION. New Trustee appointed

7. Certificate of Administrative Judgment Sent

8. Record new Substitution of Trustee

9. Record new Deed of Full Reconveyance

10. New note for our services and Deed of Trust filed

(No payments for 60 months with no interest. You

can NOW BREATH).

We are NOT loan brokers, real

estate brokers, attorneys,

accountants, tax advisers or

Foreclosure Consultants.