The mortgage ceases to exist

If the mortgage ceases to exist and the loan balance recorded is extinguished, this raises further concerns your title was used to collateralize a bond purchase by a foreign national “Central Bank affiliate. Albeit the Pooling and Servicing Agreements’ I have read in this matter is deceptive, however, it does reveal your loan was transferred in conjunction with a certain pledged “depositor” account.
In a bad faith offer, the borrower would have to be down or back 90 days for a default to trigger recognition. If the party alleging to be a servicer is asking you to consider a modification, please be cautious of the offer. This is likely part of the scheme to generate the earlier mentioned “trigger” event. This is necessary to restore the mortgage to its prior capitalized form. Even then they would have to encourage you to miss two payments to cause the economic triggering event by way of reversion in a default claim
Now, as for claims the assets were charged off, it’s safe to say that recognition under GAAP requires that the lender first satisfy the balance outstanding before they pursue any offers of assistance. This is not likely to occur.
There is quite a bite more I intend to uncover concerning the IRS code evidencing lenders washing assets. I am sorry to share this news with you. But if it helps to avert the suffering you had to endure, know that your claims to title and estate are subject to merit arguing “economic waste”, unlawful estoppels, and estoppels by lache. An attorney can advise you of the law where I cannot.
The objective is to cutoff the unenforceable claims being made against your estate. The title no doubt rests distributed and should be restored to the estates original ownership held by you in fee. This is where an attorney can advise you.


The remedy of a constructive trust

3. Upon filing for notice, the petitioner will seek a hearing in “a constructive trust as for involuntary equitable trust created as a remedy to compel the transfer of property from the person wrongfully holding it to the rightful owner.” In re Real Estate Associates Ltd. Partnership Litig., 223 F. Supp. 2d 1109, 1139 (C.D. Cal. 2002).
4. The remedy of a constructive trust arises where the involuntary trustee is in possession of property allegedly owned by the BofA NA as claimant in foreclosure. However, it is commonplace for claimants to use facts which give rise to a contract claim, the instrument to also allege tort liability — such as the allegation that an unpaid loan was procured through the mis-representations of the lender as the real party of interst as to the borrower, obligor to the creditor.
5. Now, where the Mortgagor is a Trustor and always held to the same standard and where the Lender is the Beneficiary and once more, always held to the same judicial standard;
6. Petitioner therefore cites “the imposition of a constructive trust is proper whereby the mortgagor as petitioner is filing in consideration of (1) the existence of res (property, Note, repurchase rights or some interest in property); (2) the right of the complaining party to that res; and (3) some wrongful acquisition or detention of the res by another party who is not entitled to it.” See Burlesci v. Petersen, 68 Cal. App. 4th 1062, 1069 (1998).
7. Notice is served on the parties filing claims in non judicial jurisdiction for the state of Oregon

Failure of interested party to furnish the information required

85. Failure of the owner or other interested party to furnish the information required by this section does not excuse any claimant from timely giving a preliminary 20-day notice, but it does stop the owner from raising as a defense any inaccuracy of such information in a preliminary 20-day notice, provided the claimant’s notice of lien otherwise complies with the provisions of the related chapter.
86. Allegations are the foreclosure agents assert the claimant information was given by a preliminary 20-day notice and the information contained in the 20-day notice is inaccurate, the claimant shall, within 30 days of receipt of this information; serve an amended notice in the manner provided in the FDCPA or other section.
87. Such amended notice shall be considered as having been given at the same time as the original notice, except that the amended preliminary notice shall be effective only as to work performed, materials supplied or professional services rendered 20 days prior to the date of the amended preliminary notice or the date the original preliminary notice was served on the owner, whichever occurs first.
88. Allegations are the purpose for filing the FDCPA claims are for an unsecured obligation purported charged and written down to an affirmed market value.
89. Allegations in support of actual claims are compelling from pre-discovery and are presumed sufficient to overcome a 12(b) 6 motion for failure to state a claim.
90. Pre-discovery demonstrates that the mortgage foreclosure is for the underlying financing provided the lender FBO a shelve registration versus the mortgagor at settlement. This argument supports allegations causal to claims holding the foreclosing parties to promulgate a foreclosure by mass confusion and orchestrated ambiguities.
91. Allegations in support of claims are further heighted by foreclosing parties having substituted a subordinate interest in the title that is siesed at settlement in exchange for an equitable interst in the estate that is free of all liens and encumbrances. Said subordinate FDIC Bank credit lines are accredited offsetting the commercial lines paid off at time of settlement.
92. The transfer of equitable interst from the estate is by conversion of the subject matter obligation given to the consumer household. Conversion lifts the mortgage obligation in favor of an economic reversal or general ledger debit and credit of assets and liabilities as a bonefide transfer and sale; as if the transfer is to a third party purchaser of value.