Words from the Rising Republics

October 25, 2017

 

Present day Alabama. Forces of the present day use the same methods used over eleven hundred years ago by Jezebel and Ahab. The object was to take Naboth’s property located near the King’s summer palace in Jezreel. Bearing false witness achieved the goal that ended in the stoning of Naboth. Today, theft uses unsworn and unverified statements of barred attorneys accepted, not as false, but true. So effective is the method that murder is rarely is murder necessary. See 1 Kings 21 & 2 Kings 9. Sometimes when digging to please the King fails, begging is all that remains, and, without mercy, death is certain.

CHAPTER ONE: FOURTEEN YEARS, AGO A DIFFERENCE IN INTENTIONS

Maxim: A hidden intention is bad. My intent gives a name to my act.

The “borrowers”, Haywood Jackson and Alice Faye Mizell wished to make a mortgage loan so that they would be able to purchase a piece of real “historical” property that would be preserved as restored and made their home. The mortgage closing date with Wells Fargo Home Mortgage, Inc. was June 9, 2003.

MORTGAGE STANDARD: NOTE EVIDENCES THE DEBT

 A “lender” who makes a mortgage loan must have the promissory note that evidences the debt placed in a secure locked, fireproof container. (See EXHIBIT CFR-R 34 CFR 674.19(4)-Fiscal procedures and records) Once paid in full the mortgage loan promissory note instrument must be returned to the borrower stamped paid in full. (See Ala. Code 7-3-501(b) (2) and 7 CFR 1951) The original promissory note secured by mortgage must have the mortgage of the real property placed on file at the recorder of deeds and mortgages at the courthouse in the county where the real property is located. (See Ala. Code § 35-4-51.) Please note that Wells Fargo Home Mortgage, Inc. ceased its corporate existence in the spring of 2004, months before Wells Fargo Bank, N.A. was approved to do business in Alabama. Obviously, the assignment, “without recourse”, signed by an official of WFHM, Inc, transferring the unit from Wells Fargo Home Mortgage, Inc. to Client 708, FHLMC was before Wells Fargo Bank, N.A. became a servicer qualified to do business in Alabama. Wells Fargo Bank, N.A. never owned the promissory note, the evidence of debt, acting solely as Servicer.

Should the “lender” elect to sell the promissory note, the assignment must be duly executed, and the assignment placed on file in the same courthouse. Every assignment must be recorded. The chain of title must remain unbroken. (See Ala. Uniform Securities Act Page 46, Paragraph 11(a)) The purpose of the recording is to give notice to the world of the ownership of the property and who might have interest in the property, the holder-in-due-course of a debt instrument.

Only the holder-in-due-course with the properly assigned note duly recorded can liquidate the mortgage identified as the real property to be used to satisfy the note which is the evidence of debt. (See §7-3-305 Defenses and Claims in Recoupment). In every mortgage loan when the note, which evidences the debt, is paid in full, then the note must be stamped paid-in-full and returned promptly to the borrower. (See §7-3-501(b)(2)). When the borrower holds the note then the note has been satisfied and taken out of circulation.

In a mortgage loan when a borrower default occurs, consent is given in the mortgage itself and that consent is called “power of sale” in that the property may be liquidated to satisfy the note which is the evidence of debt.

Prepayment of the mortgage loan note satisfies the loan taking the loan out of circulation by stamping the note “paid in full” and returning the note to the signers of the instrument note. The mortgage is thereby extinguished. Should the “lender” improperly refuse prepayment in full, (See American Jurisprudence §618) then the lender has defaulted and must pay treble damages as an operation of law, if a wrongful foreclosure has been conducted.

 

(See § 55-59.6. Foreclosure; civil penalty for fraud; civil action

C. The owner of the property subject to foreclosure has a civil cause action against a person who has violated this section, and shall be entitled to recover from such person compensatory damages in the amount of three times the damages incurred by the owner as a result of the violation in addition to reasonable attorney fees and costs.)

 It is important to note that in a mortgage foreclosure based on a borrower’s default in payment, legal notice of the time and date of the foreclosure auction conducted with “power of sale” must be published in a local newspaper for three consecutive weeks (four successive weeks where there is no “power of sale”) or the sale is not valid.

When a creditor defaults by improperly refusing prepayment in full, the re-conveyance requires no legal notice publication. See American Jurisprudence § 618.  

UNSECURED CHECK WHEN SEPARATED FROMTHE MORTGAGE

The “lender” Wells Fargo Home Mortgage, Inc. wished to purchase a promissory note for resale, but wished to mislead the borrowers into thinking that they have received a mortgage loan with the real property to be purchased to become security for the mortgage loan if the borrower defaults.

Wells Fargo Home Mortgage Inc., the “lender”, before the transfer to Freddie Mac, the actual lender, wishes to keep its dealings with the promissory note a secret, the usual legal term is fraudulent concealment. Why? Once the promissory note is executed and delivered to Wells Fargo Home Mortgage Inc. it can be made into an electronic file after it has been scanned and then, to avoid duplication, the original can be shredded. The promissory note in electronic form can be delivered to Freddie Mac who came forward with funds to purchase the promissory note. Freddie Mac’s procedural manual required physical delivery of the note and mortgage complete with the original signor signatures.  The promissory note sold to Freddie Mac is stamped “WITHOUT RECOURSE PAY TO THE ORDER OF________________” and signed by the (now defunct since 2004) corporate official. The promissory note has been changed into a check separated from the mortgage and distributed into commercial trade. No mortgage loan has ever been made, which establishes that the instruments filed into public record is false.

Please note that to collect on a check which has no attached “power of sale” for specific property must publish four successive weeks of legal notice in a local newspaper. See Ala. Code § 35-10-3 since the instant case foreclosure was for a check, the publishing for three actual weeks was insufficient making the foreclosure deed false. The publication should have been for four successive weeks. What bank was the check drawn on?

Again, when the “lender” defaults by refusing prepayment in full, re-conveyance is made without publishing notice.

Since the borrowers were made to believe that they were making a mortgage loan, they were not asked for consent that the promissory note be transformed into a check for distribution into commercial trade. Therefore, the check is circulated without consent. A false instrument is a “document”, a photocopy bearing no wet-ink signature granting consent.

How the determination is made as to the “lender's” treatment of the promissory note is simple. Once sold a promissory note is not required to be returned to the borrower after the promissory note has been made into a check and put into commercial trade. A promissory note secured by a mortgage must be returned to the borrower if full payment is made. The return of the promissory note defines its being a check or a mortgage.

Central to the understanding of this conflict of intentions between the “borrower” and the “lender” is knowing that the signature on a piece of paper is the property of the signer and is of great value. The signature on a piece of paper constituting a promissory note, the instrument, which becomes tangible property and cannot be destroyed by anyone other than the signer. The signer can destroy the note once it has been paid in full. Wells Fargo Home Mortgage, Inc. destroyed the note after it was scanned and transferred to Freddie Mac, identified as the lender, and before the false instrument, paraded as a mortgage, was filed in the courthouse records. No subsequent assignments are on record as checks require no recordation. Having been separated from the mortgage with no recorded assignment, the note is null and void making the mortgage unenforceable.

§ 7-3-305c implies that FHLMC having bought a check that is separated from the mortgage (a mortgage must be assigned and recorded), is without rights of a holder-in-due-course connected with a mortgage. Separation of the note and mortgage renders the note and mortgage null and void. Only the one entitled to the money secured is entitled to foreclose or the proven ownership of the debt. The holder in due course by assignment or the holder or bearer of the note at the time of foreclosure begins can foreclose. Ownership of the mortgage does not pass though indorsed in blank. Property cannot be transferred when the foreclosure deed is invalid because of lack of authority to foreclose.  The assignment by an agent to a mortgage cannot be valid other than by possession from delivery of the instrument which consents to “power of sale”.

The attorney for Wells Fargo, Stephen Pudner, stated in the hearing in February 2014 Federal Court that the instruments were a mortgage and that the Appellant had defaulted, but Wells Fargo Bank, N.A. would not surrender the instrument even though full payment had been made because no original can be disbursed. The unit had been destroyed as no longer needed. Many copies are available. Mr. Pudner stated that Wells Fargo sympathized with the Mr. Mizell in the unfortunate circumstances especially seeing that the Mr. Mizell had been swayed by James B. Graham, who signed an affidavit to refinance and showed that the source of funds on deposit with Wells Fargo, deposits to be used in full payment and satisfaction of the mortgage. Wells Fargo refused the verified prepayment offer and foreclosed to cover the obvious fraud.

The attorney, D. Keith Andress, for Wells Fargo stated in the state court December 2014 hearing that the instrument was a check and was the property of Wells Fargo. WF does not surrender original documents, but would give the Appellant a photocopy. No instrument was offered, only a false instrument. No mention was made of the true lender, FHLMC as reported to the IRS on a form 1099A.

Mizell gave written authorization to WFHM for Mr. Mizell to speak as representative for he and his wife. Mr. Andress had no authority to speak for Wells Fargo Bank, N.A. No one was present to speak for Wells Fargo. The court instead permitted an unsworn and unverified statement from Mr. Andress that was as competent evidence. The Judge does not have a performance bond as required by law. The judge has a filed payment bond of record. The law prohibits anyone from holding a public office who has no filed performance bond. All actions by an unbonded judge are void even his recognition of incompetent evidence.

Mr. Andress filed an appearance, but will not file written authorization from the Wells Fargo’s Board of Directors. Wells Fargo has no barred attorney representation in this case. By law, hearsay cannot be accepted as competent evidence.

Who is the true lender? Let the True-lender’s Counsel speak.

Who does Wells Fargo perform servicer duties for? Mr. Andress could show no Pooling and Servicing Agreement. Who and where is the “party-of-interest” whose identity can be proven?

Why was there no face to face meeting before foreclosure as required by law? A face to face is not required for collection of a check. Wells Fargo knew it was a check, but conducted a “power of sale” auction without four weeks of sufficient notice making the entire foreclosure wrongful and subject to treble damages as required by HUD.

Wells Fargo filed, on an IRS 1099A form, that the true lender was Freddie Mac. Wells Fargo had sold its interest to Freddie Mac, but had failed to record the assignment of the transfer on public record. Wells Fargo used the separated mortgage on file with the Dale County Probate Office as authority to foreclose claiming the check as a valid loan and lien. Publication was made for three consecutive weeks wanting all to believe that the false instruments were a mortgage loan, not a check. The law prohibits foreclosure auction conducted before thirty days after the last legal published notice. Theft depends on an evasion of legal conduct.

No mention was made of Wells Fargo’s improper refusal of prepayment. After all, Wells Fargo stated that they only foreclosed on those who did not deserve to remain in their homes implying that only a borrower can default, never a lender.

Law enforcement was illegally presence at the non-judicial foreclosure auction of Mizell’s property.

So, denial of trial by jury has kept secret the recognition of the true lender, the true holder-in-due-course, and the determination of the validity after the separation of the note from the mortgage, or if the “tail” is dead. The cow is recognized as the note, and the mortgage as the tail. The cow can live without the tail, but the tail cannot live without the tail.

These are few issues in controversy. Creditor default is defined as improperly refusing payment. Slander of Title and default Judgment are other examples of lender default.

The FBI has stated that 80% of all mortgage fraud is conducted by the lender, not the borrower. The public holds that the opposite is true. So sad. The national asset ownership in the hands of the one-percent has grown from 9% in 1999 to 48% in 2017. One must admit that the method Jezebel used in 900 B.C. is just as effective when used in 2017.

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