Experts Answers

I have SPS (Wells Fargo Subsidiary) claiming to have an obligation with me and they filed and rescinded a fake NOD last month. 

–  An NOD is filed by the foreclosing agent upon the request of the servicer. There is no servicing allowed in a mortgage backed Private Label Securities offering so …not fake. Your claims are for a materially false instrument recorded against the estate causal to a “slander of Title for purposed of unjust enrichment”..    

 

QBE stated the FPI shows paid off. 

–  In this analysis are certain factual based findings and verifiable discovery supported by empirical fact whereby estate is affirmed to set unencumbered and free of liens. Therefore, title rests disturbed from adverse claims made by FDCPA agencies seeking to recover abandoned assets in order to reconstitute lost or charged off value. Therefore a question as to the consumers default is answered whereas the consumers payments

First, your promissory Note is destroyed for economic de-recognition (accrual) purposes and therefore is lost to the lenders claims of a breach by the borrower. Its recognition is by a controversial accounting revision under ASC 310, ASC 320 and ASC 380 using futures derivatives and short title methods, devises and instrumentality.  Indeed the note is void whereby the Mortgage “deed” is discounted to create a notional value paid as a futures strike price and securities option Call Date.Next, realize the lenders liens are stripped from title rendering it free of all encumbrances. The estate and its unencumbered equity are used to fund the depositors account.  A depositor’s account is held as mark to market consideration transferred into a Delaware LP, “paid in capital account.” The LP Paid in capital account is valued at $250 price per share. Therefore the number of shares is equal to the value of the property appraisal. This allows for the shares to represent title under a purchase and sale agreement for purposes of a 1031 exchange.Now consider where Trust Common Shares are pledged to a Foreign National Central Bank using a 80 -20 formula. Problematic issues arise whereby the 20 percent discount is equal to five years prepaid interest The prepaid interest is paid on demand at the strike price equal to the original notes face value.

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Foreclosure Arguments that no one is Using

How do I pursue arguments that no one has ever heard of to date ?

Stay clear of the commonly repeated arguments …the same arguments thousands are using and losing with every day . Use arguments that are likely to be enforced by most courts.

My experience includes trading receivables for over 25 years so take note and confer with your own legal counsel. Its okay to allow your attorney to research before he advises you . If the law firm won’t listen, perhaps you should consider dumping your lawyer and even threaten to bring an added claim for willful  malpractice .

I aver to the rules covered under RESTRAINTS ON ALIENATION. Most courts will invalidate some restrictions placed on the alienation of land in the grant as a matter of public policy.

A. Three Types of Restrictions of which two of the three must be introduced into court

1. Forfeiture A grant states that the grantee forfeits the land if he makes a transfer. 

A. Promissory A grant has a covenant forbidding alienation. Remedy is either injunction or damages for breach of contract. 

B. Effect of Rule The type of estate that was conveyed influences the effect of the rule.

1. Fee Simple If a fee simple was conveyed, all restrictions are meaningless and unenforceable.

2. Life Estate Disabling restraints will not be enforced, but others may be enforced.

3. Leaseholds Forfeiture and promissory restraints are enforceable. Disabling restraints are also likely to be enforced by most courts.

 This is what we are using to prevail and so should you! 

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Who to Sue in a Foreclosure Defense !

Who would you say is the correct party I should be suing in order to save my home.

The answer is in identifying who governs the sale of the purported loan. The Purchase and sale contract among others (also see Mortgage Loan Transfer and Assumption Agreement) governs the sale of the purported loan.  These documents and contracts do in fact govern the sale of a whole loan asset or closed loan, “the mortgage” and therefore contain a essential seller representations and warranties.

The “reps and warrants” I have reviewed obviously relate to the sellers obligation to the purchaser and merit enforcement of all the conditions upon sale.I aver to your offices pursuit of a whole loan asset for which the mortgage seller is culpable to the loans purchaser for the transaction at time of sale.The Seller failed to satisfy its demand for repurchase and is lost to a lawful recovery whereby it must cure the deficiencies and settle the claims before it can foreclose.

These  findings are by the Purchasers own admission as secondary markets participants and are made in public domain.  Additionally, the terms and conditions of the reps and warrants will vary, as different counterparties to the transaction negotiate these individually with the seller.A Government Sponsored Entity (“GSE”) outlines their reps and warrants within their respective servicing private-label transactions (“PLS”), These reps and warrants are commonly included within the transaction documents (e.g., purchase and sale agreements).

Finally, in a transaction where a financial guaranty is provided (often by a monoline insurer (MI)) there are also stipulations within that guarantee agreement.

An insurance company that provides guarantees to issuers, often in the form of credit wraps, that enhance the credit of the issuer. These insurance companies first began providing wraps for municipal bond issues, but now provide credit enhancement for other types of bonds, such as mortgage backed securities and collateralized debt obligations.