Foreclosure notice came, some odd things. Thoughts, advice?

[Libertytree]

First of all this isn't my house. I rent here with another fella(B) and the owner is working out of state because that's where he can find work right now. The other fella(B) just moved in because the prior room-mate(A) stole the last months mortgage payment unbeknownst to us and moved before it was discovered.

So, today we were served with a foreclosure notice. Apparently, this house was already a re-modified mortgage and there was NO room for error thus precipitating the notice.

I read it and there's two things that strike me as very odd.

1. Although it says (name of bank) Plantiff vs. JOHN DOE Defendant, just below it states, TO. UNKNOWN TENANT IN POSSESSION OF PROPERTY.

Just above that it says PERSONAL SERVICE ON A NATURAL PERSON.

2. A few pages into it I read this: RE-ESTABLISHMENT OF NOTE

It reads:

The original promissory note was lost or destroyed subsequent to Plantiffs acquisition thereof, the exact time and manner of said loss or destruction being unknown to Plaintiff. Plaintiff was in possession of the promissory note and entitled to enforce it when loss of possession occured. The loss of possession was not the result of a transfer by Plaintiff or a lawful seizure. Said note is not in the custody or control of Plaintiff.

Plaintiff cannot reasonably obtain possession of the promissory note because its whereabouts cannot be determined.

WHEREFORE, plaintiff demands that this court reestablish the Note. (end)

I was foreclosed on myself and this notice reads nothing like mine did, especially #2.

Thoughts..advice..besides tell the owner to get a lawyer pronto.

[Cebu_4_2]

owner needs a consumer advocate that is well versed in mortgage/foreclosure fraud.

[Libertytree]

Fraud? I never thought of that angle.

[striped_bear]

http://dictionary.law.com/

Start translating the legalese into English.

Legalese is not English.

[beefsteak]

Libertytree,

when my eldest son got caught up receiving a similar "john doe" service since he was living in the house owned by an Oklahoma Thoracic Surgeon, and paying lease-to- own payments under private contract WITH that surgeon owner, I asked for and received some EXCELLENT advice from the old GIM regulars before the implosion of same. Here's some of the suggestions me and my son followed. Perhaps this true anecdotal sharing will assist you and your friend.

In my efforts to help my bewildered eldest, I helped my son formulate a strategy to extricate himself from that Owner's Mortgage mess. The particulars in his case was between BoA who bought out WAMU and ended up with all their mortgage portfolio, a a large portion of which was in arrears acc'd to the MSM.

I began reading--based upon what I learned from the original GIM guys--and this is one of the type of articles that explained to me basically what was going on.
http://www.foreclosureindustry.com/2009/08/the-mers-database-another-piece-of-the-mortgage-mess/

This URL will go a long ways to explaining why the note holder is asking the court to re-establish the lost note, and is so danged nervous. The bank KNOWS how the court cases have been going for those who can't produce the original note simply because MERS destroyed them, breaking the chain of custody.

In fact, Guardian Elder Tim Turner spoke of the GOTFR group's collective appreciation to the OHIO JUDGE who was the first in the nation to require mortgage payment collector to produce the note or he forgave the mortgage on 10 foreclosure actions brought by that bank/lender plaintiff. (You can google that.) Elder Turner stated that the OHIO JUDGE contacted the Guardians to tell them where the mortgage fraud was and why he did what he did. Since then, many MANY states have followed his example.

The bottom line is: my son stopped payment on their arrearage payment to the
"absentee" owner ($4,500), then moved out promptly beFORE the sheriff came to evict them as tenants of their screwed up landlord. And, then my boy used that money instead to purchase a nicer and safer place for him and the wife and my grandkids to live in, which was much closer to his customers. (He's a commercial carpet layer in a major mid-western city.)

There is good news in all of this, and I posted it on the "Guardian of the Free Republic (GOTFR)" thread on this forum.

However, the good news is for the OWNER who is being pursued by the bank who basically "CC'd" you vis a vis the "John Doe service" as unknown to the bank tenant. The good news is not necessarily going to come your way, I regret to inform you. The reason I "split that hair" is this---your payments' contract may be between you and the owner as private people contract. THAT IS ENFORCEABLE as I understand this whole thing, especially after my son got messed over by it.

It is my understanding that within 72hours after the mortgage promissory note is signed, the OWNER BANK is paid in full by THEIR money source. Who their Uncle Sugar is can be a number of sources, but that's for another discussion.

This is paid off/lost note part of the whole fraud is addressed by the R.A.P.-- which was crafted by the military, directed by the united Supreme Court and funneled through GOTFR who has addressed/given orders to, in their now maturing plan, since the 50 govs have signed on.

Once again we are free people, living in 1 of 50 independent republics. As free people, we are free to make contracts with each other as real, living breathing individuals.

Please note that the notice you copy/posted, refers to you as a John Doe tenant.
That is required notice whenever the bank catches cold because an owner has sneezed and screwed up the payment schedule.

The good news for your friend/owner you'll learn if you go back and read the facsimile of the .pdf file of 20 pages Declaration to the 49 Governors service delivered on Mar 26 to 49 of them (with the exception of one governor finally served Mar 30)--you will see that way up at the top of the general and specific orders is to deal with the Foreclosure fraud within 30 days from date of notice in each of the 50 republics. It's over in that Guardian Thread, okay?

Elder Tim Turner said, live on Wed 4/7, that those who receive Foreclosure notice should stall, even to the point of filing for bankruptcy, to allow the 30 day window of the arrest of the foreclosure fraud on this nation's people to take effect and eliminate those mortgages all together.

I'm not a lawyer, and this isn't legal advice. I'm just a reader who has had my son go through something quite similar, but never heard whether or not the owner was being served notice on because the bank admitted losing the promissory note.

I have a sneaking suspicion the bank is sweating bullets, and the courts will refuse to enforce the payment of mortgages, especially now that the fraud has been order to be ceased as 30 days after March 26th. Time will tell, but the odds are improving every day as things continue to unfold as laid out in the notice to the governors.

beefsteak

[beefsteak]

P.S. Libertytree,
please notice I went back and cleaned up some ambiguity and some typos. Just thought you might want to read it a second time, okay?

beefsteak

[Libertytree]

Hello Beefsteak,

When I read this doc I immediately thought of RAP and of the 'produce the note' court cases I've read so much about.

I found it interesting that there is a clause that reads " Unknown tenets may claim an interest in the property being foreclosed by virtue of his or her occupancy of the property".

My friend/owner is quite clueless to any of this and I can only hope to steer him in the right direction. Hopefully tomorrow I can inform him of all this and try and bring him up to speed.

I'm still woefully uneducated in it all myself, especially the MERS stuff.

Thank you for your input.

LT

[Libertytree]

Wow, that's one hell of an edit Beefsteak, I may have to read it a few times.

Again, thank ya bro.

I'm still trying to glean any and all updates as far as the GOTFR are concerned but the wheels do turn slowly.

[beefsteak]

LT,
Y/W!
b
;D

[Ponce]

If the bank don't have the original document then to hell with them, write back that there is no "John Doe" there and to direct the notice to the right person.

Only original document can be introduced as evidence and not the copies of the same.

One time in a pretrial I was given a copy of a document, I change a few things and then make a copy of the copy.......now days they look alike......at trial I showed the other side my copy and asked him "Is the the document that you sent me?" and he said "Yes" I was able to prove that anyone can change anything and show it as evidence.......what worked in my favor was that even they didn't have the original but only a copy hahahahahahah, the case was ruled in my favor on that alone.

[Libertytree]

The hell of it is Ponce, is that they put it in writing that they don't have or know where the note is. Why would they admit that up front?

[Ponce]

Well..........

"If they don't hold it, they don't own it"... Ponce hahahahahahaahaahah.