Académique Documents
Professionnel Documents
Culture Documents
Special
Report
WHO
WE
ARE
..............................................................................................................................................................
3
OUR
MISSION
STATEMENT
..............................................................................................................................................
3
OUR
HISTORY
...............................................................................................................................................................
3
WHY
RELEASE
THE
MORTGAGE
ON
YOUR
HOME?
...............................................................................................................
3
HOW
BANKS
CREATE
MONEY
..........................................................................................................................................
4
WHAT
IS
A
LOAN
AGREEMENT?
........................................................................................................................................
4
HOW
DO
YOU
SATISFY
THE
MORTGAGE?
...........................................................................................................................
5
WHAT
CONSTITUTES
FRAUD
IN
LENDING
............................................................................................................................
6
IMPORTANT
LEGAL
FACTS
................................................................................................................................................
6
WHO
REALLY
OWNS
YOUR
MORTGAGE?
...........................................................................................................................
7
FEDERAL
LEGISLATION:
TILA
AND
RESPA
..........................................................................................................................
7
RESCISSION
..................................................................................................................................................................
8
BANKS
MUST
PRODUCE
THE
ORIGINAL
NOTE
......................................................................................................................
9
WHAT
TO
EXPECT
WHEN
YOU
RESCIND
A
LOAN?
..............................................................................................................
10
WHO
CAN
HELP
YOU?
.................................................................................................................................................
11
NEGATIVE
EFFECTS
OF
FORECLOSURE
..............................................................................................................................
11
PROCESSES
WE
PROVIDE
..............................................................................................................................................
12
WHAT
GETS
RECORDED
AND
LEGAL
DOCUMENTS
WE
USE
..................................................................................................
15
SCAMS
AND
ALERTS
.....................................................................................................................................................
21
FREQUENTLY
ASKED
QUESTIONS
.....................................................................................................................................
22
WHY
LOAN
MODIFICATION
IS
NOT
IN
YOUR
FAVOR
...........................................................................................................
31
SERVICING
OF
THE
LOAN
...............................................................................................................................................
32
SUPPORTING
ORGANIZATIONS
........................................................................................................................................
35
BENEFITS
OF
OUR
PROGRAM:
.................................................................................................................................
35
WHEN
CAN
I
BEGIN?
...................................................................................................................................................
36
DISCLAIMER
&
DISCLOSURES
.........................................................................................................................................
36
Page 2 of 36
Who We Are At Peace of Mind LLC, we believe the following things are true... 1. People will always need to use credit 2. The average debtor is unaware of the full extent of their options when faced with debt collectors 3. Debt collectors frequently take advantage of the debtors lack of knowledge instead of helping them to settle the debt fairly Everybodys circumstances are different. Thats why we begin with a comprehensive discussion to learn exactly how we can help you pay off debt fast and repair your credit. We love to work with good, honest, hardworking people like you who truly deserve freedom from debt. Peace of Mind LLC is a protective entity for clients who need a leg up in debt relief. We are a privately held company without affiliation to any government agencies, debt collection services or banks. We provide solutions for every individual client that will best serve them as they deal with debt. While there are plenty of other financial institutions out there who would be willing to give you debt advice, its best to deal with a debt specialist like Peace Of Mind LLC.
Our
History
Peace of Mind, LLC was born out of the collective experience and intention of several financial and legal experts to help educate and empower individuals to be free of debt.
Page 3 of 36
Just think about it if you are in or near foreclosure, despite your arrearages, your lender has not lost a single penny on your property or your alleged loan. They sold it a long time ago and ridded themselves of all liability. If they foreclose on you, they'll simply sell it again and make their profits. Then, after they have you and your family on the street, they'll turn around and sue you for a deficiency judgment. Whether you want financial freedom from monthly payments or are looking to pocket a few extra dollars to make ends meet, it doesnt hurt to be released from your mortgage. But how can we accomplish this? What exactly does it mean to release your mortgage? Well, one must first understand what money is and how mortgages are created
Page 4 of 36
Example: A person wants to borrow $100,000 to purchase a property, so the bank issues a $100,000 liability/note. The $100,000 is a lien placed on the property the bank received without investment (the bank never put up any money). The alleged borrower effectively created money by signing the promissory note. This note acts like money, so the bank deposits your mortgage note as money with which to issue a check. This check then acts like the real money the home seller/builder receives. The Fraud: The bank effectively made you a depositor, not a borrower. Your promise to pay gave value to a note that the bank sells to a third party to realize legal money. No actual loan was generated from the transaction. One cannot repay what was never loaned in the first place! How Do You Satisfy the Mortgage? Under the law, a procedure for satisfying your mortgage is provided. The procedure is found in UCC Article 3 Section 603 paragraph (b). We go to the lender and do what is called a tender. We put the full amount of your note on the table with a demand they produce the note. When they fail to produce the note, an operation of law called "discharge" occurs. This is a judicial action resulting in an order of discharge as satisfaction on the mortgage, which gets recorded. Then a new title is created for your home. Peace of Mind, LLC partners with clients to provide the documents and process-of-service steps necessary to accomplish your agenda. We joint-venture with you to streamline the process by providing you with information you need and doing the documents for you. We know what works and what does not. A real example is, under the law, you must record a satisfaction of mortgage on an existing mortgage. Even though the company coming after you now is not the note holder and you can run them off, you will have to continue running them off until the real note holder comes forward. Summary of Steps Involved: Send a copy of your mortgage statement to see if you qualify Sign partnership agreement Formulate a strategy depending on your situation Prep documents to send to the lender Send TILA Demand Letter to lender Record Confession of Judgment Record Full Reconveyance Put asset into trust for protection File UCC1 / UCC3 / Bonds File forms with the IRS Enforce liens on lender
Page 5 of 36
There
are
numerous
references
to
Case
Law,
Legislative
History,
State
and
Federal
Statutes/Codes,
Federal
Reserve
Bank
Publications,
Supreme
Court
decisions,
the
Uniform
Commercial
Code,
U.S.
Constitution,
State
Constitutions,
and
general
recognized
maxims
of
Law
which
establish:
Peace
of
Mind,
LLC
Copyright
2010
Page 6 of 36
That, the lawful coin (i.e. organic medium of exchange) and the former ability to PAY debts has been replaced with fiat, paper currency, with the limited capacity to only DISCHARGE debts. That, the United States Congress did legislate and provide the American people a remedy/means to discharge all debts dollar for dollar via HJR 192 due to the declared Bankruptcy of the Corporate United States via the abolishment of constitutional coin and currency. The Bottom Line to Release Your Mortgage: The Bank is NOT the Creditor, you are! Without being the creditor, the bank has no rights and cannot do anything except comply with your demands. Your job is to put the burden on the bank to prove they are, indeed, the Creditors and hold an actual note to your property.
Page 7 of 36
TILA
is
the
main
effort
of
Congress
to
ensure
fair
lending
and
to
protect
the
borrower.
Its
purpose
is
to
promote
the
informed
use
of
consumer
credit,
the
costs
of
borrowing
money,
the
terms
of
the
loan,
and
other
much
needed
information.
It
requires
providing
certain
disclosures
of
relevant
information
for
each
transaction
that
is
considered,
and
it
provides
the
legal
remedies
for
each
violation
of
the
Act.
RESPA
is
another
effort
of
Congress
to
regulate
lending.
RESPA
is
designed
to
protect
the
borrower
by
ensuring
(1)
fair
settlement
proceedings
through
early
disclosure
of
settlement
costs,
(2)
the
prevention
of
kickbacks
and
illegal
referral
fees
that
increase
borrowing
costs
to
the
consumer,
and
(3)
the
prohibition
of
certain
acts
that
increase
borrowing
costs.
There
is
much
more
detail
to
these
acts,
but
the
focus
should
primarily
be
on
TILA
because
most
foreclosure
defenses
will
be
based
upon
TILA
violations.
TILA
is
a
technical
statute.
This
simply
means
that
any
material
violation
can
invoke
the
remedies
as
provided
for
in
the
Act.
The
material
violations
that
most
frequently
invoke
potential
remedies
are:
APR Finance Charge Amount Financed Total Payments Payment Schedule Right to Cancel Violations
Attorneys fees and court costs for successful enforcement and rescission actions Statutory damages, a minimum of $200 but no more than $2,000 Actual damages Double the correctly calculated finance charge (but not less than $100 or more than $1,000 for individual actions) Rescission, the most valuable remedy
Rescission
Rescission
is
the
process
of
legally
canceling
a
loan.
If
a
violation
of
material
disclosures
is
severe
enough,
and
the
threshold
for
severity
is
quite
low,
then
the
borrower
has
the
opportunity
to
rescind
or
cancel
the
loan.
In
the
rescission
process,
the
borrower
finds
violations
of
the
TILA
that
offer
rescission
as
a
remedy.
The
borrower
notifies
the
lender
of
rescission
by
letter.
The
security
interest
(the
Note
and
Deed
of
Trust)
automatically
becomes
void,
and
the
lender
has
20
days
within
which
to
take
any
and
all
actions
necessary
to
reflect
the
termination
of
the
security
interest.
The
lender
is
obligated
to
return
any
money
or
property
given
as
earnest
money
Peace
of
Mind,
LLC
Copyright
2010
Page 8 of 36
or down payment within those 20 days. The borrower is not liable for any finance or other charges and is entitled to recover all fees incurred in the transaction. The borrower is obligated to return to the lender any money or property the borrower received as part of the credit transaction within 20 days, as their part of the rescission. If the lender does not take possession of the property or money within 20 days, then the property is retained by the borrower and is held. At this stage, you are legally entitled by the lenders agreement to get your home free and clear. Of course, the process does not stop there; at Peace of Mind, LLC, we will complete the process and include such steps as notifying the Internal Revenue Service and other government agencies of the transaction. Some points to consider: Since homes are underwater and the borrowers owe more than the home is worth, they cannot tender back to the lender the money that was borrowed, so rescission is not an effective course of action. Courts have the ability to change the order in which rescission is tendered, meaning that the borrower must show the ability to make a valid tender before the security interest in the loan is cancelled. No ability to tender the amount due means that there is no valid rescission. In other words, rescission does not do what the homeowner probably wants the most to remove any financial obligation connected to the house (as before they purchased it) since the lender is only obligated to take back the original money lent, minus fees, and tear up the contract. This is where Peace of Mind, LLC can make the difference. We have the resources in funding, cash, bonds and/or other security instruments to provide the legal tender and/or offset the debt. One little known fact is that there are MULTIPLE insurance policies in effect for securitized loans, with many of the beneficiaries of said policies having nothing to do with the transaction. These policies are not dissimilar to an automobile liability insurance policy. When a car accident takes place an insurance settlement is paid out in accordance with the terms of the coverage of the policy to the beneficiaries of the policy. No car accident = no payout of settlement. Conversely, NO FORECLOSURE AUCTION = NO SETTLEMENT PAYOUT. The multiple policies in effect often payout 7-10 times the original value of the mortgage note! Many believe that these policies are the only thing propping up the U.S. economy at this time. The beneficiaries of these policies often include municipalities and pension funds held by judges, states, and counties that explain why many fraudulent foreclosures are allowed to continue. This is especially appropriate for homeowners who have already lost their home! Peace of Mind, LLC may be able to get your home back or three times the mortgage/note even after foreclosure.
Page 9 of 36
convert promissory notes in to an eNote or create eNotes in electronic book entry form so they can be sliced and diced in the securities market and Fannie and Freddie. When promissory notes are converted from paper to electronic, in many cases the paper promissory note was destroyed. Intentional voluntary act such as destruction is discharge of the debt obligation, UCC Article 3, 3-604. Everybody is looking at the slice and dice as the problem when in reality the problem is that eNotes have no law to support their existence for use in the securities market as ESIGN and UETA both exclude items governed by UCC Article 3 - Negotiable Instruments. Banks, in an attempt to make sure their fraud remains concealed, provide their law firms with a copy of the note and in some cases a lost note affidavit. Then the banks law firms use slicker- trickery wording to deceive everybody in to believing that a copy is sufficient proof and the destruction of the note remains hidden. The presentation of the original note with all assignments is the only proof that should be allowed. Commerce and Trade 15 USC Sec. 77nnn (excerpt) The term "indenture" means any mortgage, deed of trust, trust or other indenture, or similar instrument or agreement (including any supplement or amendment to any of the foregoing), under which securities are outstanding or are to be issued, whether or not any property, real or personal, is, or is to be, pledged, mortgaged, assigned, or conveyed thereunder. Evidence of recording of indenture - If the indenture to be qualified is or is to be secured by the mortgage or pledge of property, the obligor upon the indenture securities shall furnish to the indenture trustee - (1) promptly after the execution and delivery of the indenture, an opinion of counsel (who may be of counsel for such obligor) either stating that in the opinion of such counsel the indenture has been properly recorded and filed so as to make effective the lien intended to be created thereby, and reciting the details of such action, or stating that in the opinion of such counsel no such action is necessary to make such lien effective; and (2) at least annually after the execution and delivery of the indenture, an opinion of counsel (who may be of counsel for such obligor) either stating that in the opinion of such counsel such action has been taken with respect to the recording, filing, re-recording, and re-filing of the indenture as is necessary to maintain the lien of such indenture, and reciting the details of such action, or stating that in the opinion of such counsel no such action is necessary to maintain such lien. Note: In instances of court cases, it may be helpful that the loan audit be part of our evidence of fraud.
Page 10 of 36
Other situations and scenarios we can help you with when we release your mortgage: In order to stop a foreclosure, we could file a lawsuit against the lender, and prior to the Preliminary Junction Hearing, if there is one Federal Charge alleged in the complaint, the lender will usually have the lawsuit remanded to Federal Court and away from State Court. It should also be noted that TILA and RESPA lawsuits have been regularly filed since the mid 1990s. The way to take on the lenders is to use different plans of attack, using statutes other than TILA and RESPA. Federal Preemption can be fought. In most states, the statutes exist to counter Federal Preemption claims. These statutes are versions of the Federal Trade Commission Act, Section 5, which identifies Unfair and Deceptive Acts and Practices (UDAP). Keep in mind every situation can be different and strategies vary with each client.
Lawsuits - The mortgage company can go after you for damages. Loss of employment - Some employers require their employees to maintain good credit histories. Notification of a foreclosure may be grounds for dismissal or loss of a chance for advancement and better pay. Loss of equity earned in your home - The value of your home may increase each year. In many cases the combination of the equity and the increased value of your home can translate in to losing thousands of dollars. Inability to borrow money in the future - A foreclosure can destroy your credit profile almost overnight. This derogatory mark on your credit report will label you as a bad credit risk for at least 7 years. This can result in declined applications for Page 11 of 36
credit, the inability to rent an apartment, limited employment opportunities, and a host of other implications that can follow you for a long time. Increased taxes - A lender who loses money from the sale of a foreclosed home must report the loss to the IRS. Subsequently, the IRS may require you to report the lender's loss as income on your next tax return and you may be required to pay taxes on it. Loss of self-esteem and self-worth Emotionally, the stress of foreclosure can have serious effects on your well-being. The stress that foreclosure brings can lead to depression, feelings of worthlessness, lack of motivation, embarrassment around family and friends, and the list goes on. Ability to Rent Divorce Deficiency Judgment - This is the difference on what was owed and what the house sold for and the lenders will come back to file a judgment for that amount as a judgment debt. Stress and bad health - People who worry about their house problems cause themselves serious health issues which can run hundreds to thousands of dollars in medical bills. Short sale - A short sale involves offering the home for sale, generally listed through MLS. Potential home buyers will make appointments to view the home, some will make lowball offers, agents might hold open houses and, in general, a seller's life will be disrupted, all in the hopes that a buyer will buy the home. More on Short Sales and Loan Modifications later in this report.
More importantly is where the break in chain of title occurs. Your first knowledge of this break comes when you receive a NOTICE OF DEFAULT AND ELECTION TO SELL from some servicing company, who proceeds to foreclose and sell your property at a trustee's sale. Nowhere prior is there any recorded record transferring your note to them. Without the note, being in physical possession - actual ownership - they are not lawfully allowed to foreclose or sell your property. Your silence and inability to properly challenge them on this allows them to get away with it unless you have the right knowledge, resources and team of professionals helping you preserve your rights and your assets - like Peace of Mind, LLC.
Processes
We
Provide
Administrative
Process
/
Notary
Presentment
We
provide
an
administrative
process
via
notary
presentment
by
a
duly
commissioned
notary
public.
We
present
the
evidence
discovered
along
with
specific
questions
and
allegations
to
give
the
other
parties
involved
the
opportunity
to
respond
to
due
process.
The
parties
are
given
a
specific
number
of
days
to
respond,
and,
when
they
dont,
the
notary
as
a
duly
commissioned
witness
of
the
state
provides
a
notice
of
default
and
opportunity
to
cure.
When
the
parties
fail
to
cure,
the
notary,
as
the
second
witness
in
the
Peace
of
Mind,
LLC
Copyright
2010
Page 12 of 36
matter,
certifies
the
non-response
on
behalf
of
the
state
providing
some
remedy
to
create
a
set-off
against
them,
at
which
point
a
settlement
would
now
be
available
as
an
option
for
the
homeowner
to
pursue
in
the
event
that
the
parties
unlawfully
foreclosed.
By
getting
the
parties
involved
in
to
a
default
position,
there
is
now
more
than
just
a
one- sided
argument
where
the
involved
parties
say,
You
owe
this
amount,
pay
it
otherwise
we
are
taking
your
house;
instead,
it
gives
the
homeowner
an
opportunity
to
pursue
their
claim
in
a
set-off
of
the
banks
claim.
So
now
there
is
an
opportunity
to
come
together
and
figure
out
who
owes
who
what,
or
whether
or
not
the
involved
parties
should
go
away
and
the
homeowner
keeps
their
house
and
we
call
it
even.
We
Correct
the
Public
Record
/
File
UCC:
With
public
instruments
that
we
are
privy
to,
we
assist
in
filing
on
behalf
of
homeowners;
we
correct
inaccuracies
on
the
public
record
and
rebut
the
presumptions
that
are
being
made
by
the
other
parties
with
their
documents
that
are
currently
on
the
public
record.
In
addition,
we
assist
the
homeowner
with
protecting
the
vested
interest
that
they
have
in
the
real
estate
consisting
of
closing
costs,
down
payment,
taxes,
insurance,
repairs,
renovations
and
any
improvements
with
a
commercial
fixture
lien.
We
Provide
a
Forensic
Loan
Investigation:
TILA/Disclosure/Appraisal
Audit:
If
necessary,
an
extensive
investigation
in
to
the
truth
regarding
a
homeowners
loan
documents
can
determine
whether
or
not
the
loan
should
have
been
approved
in
the
first
place.
In
addition,
we
find
out
whether
or
not
numbers
were
inflated,
figures
were
manipulated
or
other
improper
processes
took
place
in
the
appraisal
and
other
documents.
This
is
only
a
partial
list
of
criteria
that
we
scrutinize
for
in
each
situation.
We
discover
the
truth
of
the
matter
and
establish
it
as
evidence
through
a
certified
witness
of
the
state.
Mortgage
Electronic
Registration
Systems
(MERS):
In
order
to
prevent
foreclosure,
it
is
strongly
recommended
homeowners
take
action
by
investigating
the
potential
fraud
practiced
by
the
banks.
Fighting
back
against
the
bank
can
steer
a
homeowner
in
the
right
direction
with
regards
to
protecting
their
well- being.
A
loan
examination
can
unveil
if
MERS
Deeds
of
Trust
are
valid.
In
actuality,
ALL
MERS
Deeds
of
Trust
/
Mortgages
are
VOID!
The
FACTS
regarding
MERS:
1. MERS
is
not
a
lender,
creditor
or
bank
2. MERS
has
no
agency
status
as
a
nominee
3. MERS
does
not
lend
or
extend
credit
4. MERS
does
not
service
mortgage
accounts
5. MERS
does
not
hold
Promissory
Notes
in
possession
6. MERS
has
NEVER
owned
or
received
ANY
beneficial
interest
in
ANY
Mortgage
EVER!
Peace
of
Mind,
LLC
Copyright
2010
Page 13 of 36
The
customized
form
of
Mortgage
/
Deed
of
Trust
utilized
by
Mortgage
Electronic
Registrations
Systems
Inc.,
(MERS),
is
not
entitled
to
any
of
the
statutory
mortgagee
protections
provided
in
the
provisions
of
Federal
and
State
Law.
A
Nominee
Mortgagee
is
simply
not
entitled
to
the
statutory
benefits.
The
provisions
are
strictly
construed
against
MERS
putative
conveyance
since
the
statutory
provisions
are
in
derogation
of
common
law.
For
example,
MERS
mortgagee
deeds
have
two
entities
exercising
the
same
statutory
foreclosure
powers.
Law
only
protects
the
actual
holders
of
the
mortgage
deed
or
their
statutory
assigns,
not
nominees
which
only
have
a
role
with
stocks
and
bonds.
MERS
argues,
in
a
futile
exercise
of
nominalism,
that
splitting
the
term
mortgagee
from
the
lender
has
a
benefit
to
itself.
MERS
mortgage
deeds
are
defective
because
the
statutory
protections
run
to
functional
powers
of
the
holders
of
the
mortgage
and
of
the
mortgage
notes,
not
to
self-defined
nominees.
Nominees
are
not
eligible
to
hold
future
interests
in
property
without
statutory
assignments.
Only
statutory
assignees
can
exercise
the
functional
abilities
necessary
to
gain
control
of
the
five
(5)
statutory
elements
required
to
provide
a
clean
title
at
the
end
of
the
process.
Statutory
protections
run
to
the
holders
of
the
mortgages,
not
their
nominees.
When
MERS
does
not
have
an
actual
separate
written
and
recorded
conveyance
from
the
actual
holder
of
the
mortgage
to
itself
prior
to
MERS
making
a
conveyance,
the
conveyance
is
void.
MERS
by
its
own
description
in
paragraph
C
is
not
contractually
able
to
perform
the
statutory
functions
of
the
holder
of
the
mortgage.
Mortgage
Electronic
Registration
Systems
Incorporated,
as
a
putative
nominee,
selected
by
the
Mortgagor,
usually
lacks
actual
recorded
authority
from
the
Holder
of
the
Mortgage
by
way
of
a
recorded
or
a
recorded
power
of
an
attorney.
Mortgage
Electronic
Registration
Systems
Incorporated
can
not
by
its
own
definition
be
a
holder
of
the
mortgage
deed.
Mortgage
Electronic
Registration
Systems
Incorporated
did
not
own
or
possess
or
control
the
mortgage
note
which
was
necessary
to
enforce
the
mortgage
deed
as
required
by
UCC-3-301.
Pursuant
to
Rule
9,
Section
1(b)
of
the
Rules
of
Membership,
MERS
has
"no
ownership
rights
whatsoever
in
or
to
any
information
contained
on
the
MERS
System.
It
is
our
position
that
the
information
contained
on
the
MERS
System
is
the
private,
proprietary
property
of
our
Members,
and
that
the
information
should
be
produced,
if
at
all,
by
the
Member
who
owns
the
information.
This
approach
protects
the
privacy
of
the
information,
and
allows
our
Members
to
control
how
and
when
it
is
distributed.
These
facts
are
becoming
difficult
to
dispute,
from
a
Judge's
perspective
given
the
recent
Supreme
Court
decisions.
MERS
v.
Southwest
Homes
of
Arkansas
Landmark
v.
Kesler
Riggs
v.
Aurora
(Fl.
4DCA,
Case
No.
4D08-4635,
decided
4/21/2010
Peace
of
Mind,
LLC
Copyright
2010
Page 14 of 36
Jerman v. Carlisle Bellistri v. Ocwen Dist. Ct. Case No. 2:09-CV-00661-KJD-LRL Bankr. Ct. Case No. BK-S-07-16645-LBR In Re: Wells Bankruptcy Oh Nd Decision 22 Jun 2009 US BANK v. Ibanez
Just because MERS claims its ability to misuse the word nominee in any way that is beneficial, does not CHANGE 200 years of property law. A continuing theme demonstrates the title defect, the questionable conduct of pretender lenders, and the defects in the foreclosure process when you let companies with big brand names bluff the system. The fatal MERS GAP arises whether MERS is actually the nominee on the deed of trust (or mortgage deed) or not. It is an announcement that there will be off record transactions between parties who have no interest in the loan but who will assert such an interest once they have successfully fabricated documents, had someone without authority sign them on behalf of an entity with no real beneficial interest or other economic interest in the loan, and then frequently notarized by someone in another state. We have even seen documents notarized in blank and forged signatures of borrowers on loan closing papers. Anyone who pays the MERS membership fee can sign on behalf of MERS to assign or otherwise conduct foreclosure activities. MERS is a SHAM. Everyone knows it and there is no factual basis to support their assertions to rights to foreclose. One word sums it up: FRAUD.
Page 15 of 36
Why
Do
We
File
a
Commercial
Lien
Against
the
Lender,
Its
Assets,
and
Employees?
We
do
it
for
leverage.
When
the
banks
assets
and
employees
are
tied
up,
it
gives
Peace
of
Mind,
LLC
the
ultimate
negotiating
power.
Because
the
lien
is
a
UCC-1
commercial
lien,
it
moves
in
to
first
position
against
any
existing
liens.
The
bank
decision
makers
have
to
negotiate
in
order
to
have
the
liens
removed.
Notary
Bill
of
Lading:
A
notary
bill
of
lading
is
a
chattel
cargo
manifest
which
outlines
the
documents
that
are
included
in
the
filing.
It
lays
out
the
value
of
the
documents
equal
to
the
value
of
the
first
promissory
note.
It
states
that
we
are
giving
them
10
days
to
respond,
otherwise
the
documents
will
be
considered
accepted,
which
means
they
will
owe
us
that
money.
Notary
Certificate
of
Service:
This
document
verifies
that
our
notary
will
be
mailing
these
documents
and
certifying
to
that
effect
with
their
notary
stamp
and
seal
on
this
page.
Commercial
Affidavit:
All
of
the
instruments
are
signed
by
our
client
in
their
capacity
with
a
title
as
grantor/beneficiary
as,
trustor,
settlor,
issuer
and
maker.
Grantor/beneficiary
and
trustor/settlor
are
in
regard
to
the
Deed
of
Trust
which
is
the
security
instrument
and
issuer
maker
is
referring
to
the
promissory
note
that
the
grantor
originally
issued
upon
which
they
were
the
maker.
This
document
simply
clarifies
for
the
record
all
of
these
titles
are
the
same
as
the
grantor
so
nobody
is
confused
about
whom
the
grantor
is
and
what
they
are
doing
with
this
filing.
It
lays
out
the
details
that
the
grantor
was
the
source
of
the
funds
and
it
was
the
grantors
signature
that
created
the
value
in
those
documents
in
the
first
place.
It
also
clarifies
which
property
it
is
that
we
are
identifying.
Modified
Deed
of
Trust
Rider:
This
is
an
amendment
and
rider
recorded
with
the
deed
of
trust
and
it
is
nunc
pro
tunc
which
means
these
changes
that
the
grantor
is
making
in
this
modification
go
back
to
the
original
date
just
as
if
they
had
originally
done
it
this
way.
The
Modified
Deed
of
Trust
Rider:
1. Terminates
old
parties:
It
points
out
that
we
are
labeling
the
termination
of
parties
listed,
and
by
the
grantors
order
they
are
terminating
all
of
the
other
debtor
parties
who
were
the
original
parties
on
the
original
deed
of
trust
and
correcting
the
public
record
as
to
this
fact.
2. Labels
the
new
parties:
We
are
labeling
the
new
parties
to
the
deed
of
trust
with
the
ALL
CAPS
or
legal
fiction
name
of
Lender.
The
beneficiary
is
going
to
be
the
Trust
that
we
assist
in
forming
for
the
homeowner
and
it
labels
the
new
trustee
as
Peace
of
Mind,
LLC
and
goes
into
termination
details,
stating
all
the
terms
of
the
previous
deed
of
trust
are
hereby
terminated.
Peace
of
Mind,
LLC
Copyright
2010
Page 16 of 36
3. Identifies new terms: The new terms are that the balance of the loan is zero and that the duty of the new trustee is to faithfully follow the instruction of the trustor, which is the grantor. It states that compensation will be by mutual agreement (it means if grantor tells us what to do we will do it for them and we cant do anything else other than that). Additional Items We File: Deed of Trust: The amended deed of trust, the assignment, any appointments and any trustee sale notice, if applicable, which we mark voided for fraud. IRS Form 4490: A proof of claim so if the IRS is claiming they are owed an amount from the legal fiction name, an agent must swear to this and have their signature notarized. IRS W9 Form: Gives us the opportunity to identify a party by either social security number, tax payer or employer identification number so we know who we are dealing with, and whether they are an individual, corporation or other entity. It is simply a way of asking for proof of identification. IRS 1099A Form: Provides another opportunity for parties to certify under penalty of perjury that they have examined this return and the accompanying documents and what they are saying is true and signed on the dotted line to that effect. We have asked the grantor to sign all the documents with a notary certificate and acknowledgement that what the grantor is saying is true, under their full commercial liability, and under penalty of perjury. So now all we are doing is asking the debtor parties to do the same. These last 3 documents are recorded blank so everybody knows what they were provided and the opportunity they were provided to substantiate their claims. Qualified Written Request: This document is a private document and is sent to the originator, MERS, if applicable, and the loan servicer. A QWR is made pursuant to the Real Estate Settlement Procedures Act (12 U.S.C. 2601-2617) otherwise known as RESPA and its implementing regulation X (24 C.F.R. 3500.21) and is an important communication tool by which the consumer can put the servicer on notice that there is a problem if there is an error in the mortgage account. There are specific guidelines as to how a QWR needs to be written and filed and what it contains: the request must be in writing, identify the borrower by name and account, and include a statement of reasons why the borrower believes the account is in error. The servicer must acknowledge receipt of the request within 20 days. We are requesting an accounting of everything. We are asking for it to be certified under oath. The servicer then has up to 60 days from the date of request to take action to either provide a written notification that the error has been corrected, or provide a written explanation as to why the servicer believes the account is correct. Either way, the servicer has to provide the name and telephone number of a person with whom the borrower can
Page 17 of 36
discuss
the
matter.
The
servicer
cannot
provide
information
to
any
credit
agency
regarding
any
overdue
payment
during
the
60
day
period.
There
is
a
long
list
of
what
we
are
asking
for;
between
40
and
211
questions
are
asked!
Were
making
the
claim
that
if
they
dont
rebut
this
request
and
its
individual
obligations,
then
they
are
agreeing
it
as
truth
and
admitting
they
do
not
own
the
note
and
deed
of
trust
as
the
true
holder
in
due
course,
so
they
have
no
right
to
its
enforcement.
Were
saying
that
theyre
merely
a
service
provider,
servicer
or
debt
collector
with
no
rights.
Were
also
stating
that
the
grantor
as
maker/issuer
deposited
a
promissory
note,
a
negotiable
instrument
with
the
originating
lender,
which
is
true.
We
quote
Modern
Money
Mechanics
which
is
published
by
the
federal
reserve
bank
of
Chicago
that
states
in
part
that
any
deposit
received
is
new
money
and
that
essentially
the
negotiable
instrument
when
signed
had
the
effect
of
creating
money.
It
had
value
and
it
was
money,
it
was
considered
money
when
deposited
with
the
bank
and
the
grantor
was
never
given
credit
for
that
deposit.
We
then
make
the
request
that
they
still
owe
the
grantor
the
value
of
that
deposit
amount.
Administrative
Process:
While
we
are
sending
the
QWR,
we
are
also
pursuing
the
first
step
of
the
administrative
process,
which
certifies
via
notary
presentment
that
if
the
alleged
beneficiary
has
a
problem
with
any
of
this,
they
can
respond
to
the
notary
public
so
the
notary
can
certify
that
response,
or
when
they
dont
respond,
that
no
response
was
made
and
by
not
responding,
that
they
are
admitting
to
its
truth.
After
the
specific
amount
of
time
noted,
the
notary
then
certifies
there
was
no
response,
that
they
defaulted,
and
that
they
failed
to
cure
the
situation
and
therefore
it
is
certified
that
they
owe
the
grantor
the
money
that
was
claimed.
At
that
point,
we
are
taking
the
claim
with
the
supporting
document
that
we
have
certified
by
the
notary
public,
who
is
an
officer
of
the
state
and
the
court,
and
we
are
filing
an
additional
UCC-1
financing
statement
for
the
amount
claimed.
Bank
Obligation
of
Instrument
Tender
When
a
commercial
bank
sends
the
instrument
to
the
secretary
for
discharge
of
its
own
obligations
and
a
problem
arises
concerning
the
instrument,
a
commercial
response
is
required.
There
is
a
legal
liability
of
the
government
to
a
negotiable
legal
tender
obligation
upon
the
United
States
government
sent
to
them
for
acceptance
by
a
member
of
the
Federal
Reserve
Bank
after
they
received
it
and
became
responsible
for
it.
The
Treasury
has
an
obligation
as
a
department
of
government
serving
the
public
interest
to
the
bank
which
as
a
member
of
the
Federal
Reserve
System
that
has
a
commercial
obligation
to
an
account
holder
and
a
3rd
party
who
tendered
the
item
in
payment
to
tell
them
that
its
not
any
good
or
its
not
going
to
be
honored,
even
if
they
wanted
to
keep
it
for
prosecution
or
investigation.
This
is
in
effect
what
the
directive
says
the
government
will
do
if
its
no
good.
Peace
of
Mind,
LLC
Copyright
2010
Page 18 of 36
What
does
statutory
law,
regulation,
or
case
law
tells
us
about
what
that
obligation
is?
They
do
not
dishonor
it
in
any
way
by
return
of
the
item
or
the
sending
of
any
notice
to
that
effect,
or
make
request
for
additional
information
or
time
for
examination
of
the
instrument,
or
given
a
statement
of
explanation
indicating
the
time
frame
for
its
review
and
settlement
if
it
would
be
an
inordinately
lengthy
time
as
longer
than
60
days
to
finish
it.
The
instruments
being
kept,
held,
and
without
return
or
dishonor,
are
accepted
as
an
obligation
of
the
United
States
in
the
discharge
and
recovery
of
the
public
debt
as
it
makes
claim
on
its
face
to
be.
If
the
bank
had
had
to
pay
the
item
to
honor
its
customer
agreement
as
if
it
had
been
a
check,
what
would
or
could
the
bank
be
trying
to
do
to
settle
the
account?
The
bank
needs
to
treat
the
instrument
tendered
as
an
obligation
of
the
US
to
the
bank.
The
tender
of
these
instruments
discharge
the
obligation
of
the
debt
for
which
they
are
delivered
and
the
payee
becomes
the
new
holder
in
due
course
and
collection
agent
on
the
instruments.
Forms
of
Fraud
We
Look
For:
Mortgage
related
fraud
is
defined
by
our
loan/mortgage
officers
and
affiliates
as
intention
to
obtain
a
homeowner's
property
and
equity.
This
is
accomplished
by
using
any
of
the
following
tactics:
Falsifying records and documents Committing fraud upon the courts by stating they are the Holder and Owner of the note - when in fact - they do not own or hold the "original" note Preying on the ignorance of the court and homeowner; Falsely claiming Pooling and Servicing Agreements, industry standards, rules, guidelines or other industry-authored writings supersede the law Entering on-time payments as late, to exact illegal and unauthorized fees Manipulating account records Falsely claiming to be the owner/holder of the mortgage Falsely claiming standing by use of names such as Trustee, Assignee, Nominee, Beneficiary, etc. Fraudulently invoking the jurisdiction of the court Charging force-placed insurance when the homeowner already has full coverage Falsely reporting a default to the credit bureaus when it is the servicer creating the default Paying property taxes late, then charging late penalties to the borrower Paying taxes and insurance on the wrong property Creating fictitious documents (Lost Note Affidavits, Power of Attorney, etc.) Triggering the terms of the Deed of Trust without the debt instrument Double-dipping or apply to the trust for reimbursement after deducting the fees from the borrowers P&I payment Notary fraud Evidence tampering Theft of government services Perjury Page 19 of 36
Felonious influence of public officials Money laundering Insurance fraud Securities fraud Constitutional and civil right violations Rounding up ARM rates when on a downward trend Not adhering to the terms of the loan documents Creating additional false deficiencies through a variety of questionable practices Adding miscellaneous fees to purposely create a deficiency with the borrower's next payment Not applying payments to principal and interest Committing perjury through misrepresentations Withholding or redacting discovery evidence Tampering with court transcripts and removing evidence from the record Conjuring up events that never happened while refusing to provide documentation to support their fallacies Refusing to cooperate with attempts to refinance and stop the illegal foreclosure Using abuse of litigation, appeals and malicious prosecution to litigate forever Payoffs to the consumer's attorney, law enforcement officials, judges, court personnel and government officials Refusing payments to guarantee default Adding thousands of dollars in unearned legal fees to create a default Ignoring customer complaints and "qualified written requests" Arrogantly violating numerous laws and regulations Coercing the homeowner in to signing a forbearance agreement to strip away their legal rights Intentionally causing delays to run up your legal expenses Unjust enrichment Embezzlement Racketeering - RICO Vexatious litigation Abuse of process Violation of ethics Grand theft Extortion Tax fraud Public corruption Forging documents Threats and intimidation Electronic surveillance Wire fraud / mail fraud Conspiracy Fraud in the inducement and many others Page 20 of 36
Page 21 of 36
no short sale agreement from your lender. The con artist walks away with cash equity because he sold his rights to a bogus purchase. Who to Avoid: 1. Anyone who offers a service for free. They typically just collect all your documents then sell your personal information. 2. Anyone who makes promises when logic tells you that those promises may or may not be keep-able. 3. Anyone who is not in business for more than 10 years. 4. Anyone who comes to your door and wants to buy your house. 5. Anyone on the internet who claims they can modify your home loan but doesnt give pricing disclosure or is vague about their services. 6. Anyone who offers a money back guarantee. Remember, they still have your personal information. 7. Anyone offering services without proof of success or a proven track record. 8. Anyone who comes to your door offering a bailout loan. 9. Anyone who takes your case on a contingency. You will wind up paying the final contingency amount even if a compromise is reached with your lender. Contingencies are usually 30 - 40% of the forgiven amount and lenders will not agree to pay the loss mitigator. You may have saved your home from foreclosure only to lose it to a mechanics lien filed by the mitigator. DONT transfer title or sell your house to a foreclosure rescuer. Fraudulent foreclosure consultants often promise that if homeowners transfer title, they may stay in the home as renters and buy their home back later. The foreclosure consultants claim that transfer is necessary so that someone with a better credit rating can obtain a new loan to prevent foreclosure. BEWARE! This is a common scheme so-called rescuers use to evict homeowners and steal all or most of the homes equity. DONT sign any documents without reading them first. Many homeowners think that they are signing documents for a new loan to pay off the mortgage they are behind on. Later, they discover that they actually transferred ownership to the rescuer.
2)
Page 22 of 36
A. It
takes
33
-
60
days
to
have
a
legal
lien
filed
at
the
Secretary
of
State
against
the
bank
and
its
assets.
3) Q.
How
do
you
calculate
the
lien
amount?
A. Add
up
the
down
payment,
all
improvements,
all
payments,
and
the
loan
amount
multiplied
by
4
times
for
punitive
damages.
Compensatory
damages
are
200
times
that
amount.
The
lien
is
substantial.
In
Haslip
v.
Pacific
Mutual
(499
U.S.
1),
the
Supreme
Court
decided
on
legitimacy
of
punitive
damages.
In
this
case,
200
times
costs
was
found
to
be
acceptable.
We
could
use
this
equation
or
other
formulas
can
be
used
with
a
lesser
amount.
4) Q.
Once
the
lien
is
in
place,
will
it
stop
the
realtor
from
harassing
me
or
my
tenants?
A. Yes,
we
will
file
a
complaint
with
the
Department
of
Real
Estate,
against
their
license,
against
their
broker,
and
also
go
after
their
Errors
and
Omission
Insurance.
They
will
stop
the
harassment..
5) Q.
Will
it
stop
a
foreclosure?
A. Because
it
is
a
33
-
60
day
process
to
establish
a
legitimate
lien,
it
won't
be
able
to
stop
a
sale
on
short
notice.
However,
once
the
lien
is
filed
and
in
place,
it
will
definitely
stop
most
foreclosures.
6) Q.
If
the
property
is
vacant,
can
I
move
back
in?
A. When
the
lien
is
in
place,
our
lien
enforcement
team
can
get
you
back
in
to
the
property.
7) Q.
Will
it
stop
an
eviction?
A. It
will
stop
the
eviction
if
the
lien
is
in
place,
but
until
the
lien
is
recorded,
other
eviction
delay
procedures
should
be
implemented.
8) Q.
Do
you
have
to
be
behind
on
your
mortgage
to
participate?
A. It
does
not
matter
if
you
are
current,
behind,
refinanced
the
loan,
or
lost
the
property.
Remember:
the
lien
is
to
secure
your
interest
in
the
property.
9) Q.
What
if
the
property
was
purchased
by
a
3rd
party?
A. At
the
client's
request,
we
can
force
the
banks
hand
and
get
the
property
back.
In
this
case
we
suggest
the
monetary
damages
not
to
displace
new
homeowners.
10) Q.
What
is
the
refund
policy?
A. When
a
client
wishes
to
leave
our
program,
there
is
no
termination
fee
or
long
term
contract
which
forces
them
to
stay
or
continue
with
any
further
payments.
All
monies
paid
into
the
program
to
date
are
NON-REFUNDABLE.
Also
if
we
are
able
to
release
the
mortgage,
there
will
not
be
a
cancellation
of
the
joint
venture
agreement.
A
buyout
is
a
possibility
as
notated
in
the
JVA.
Peace
of
Mind,
LLC
Copyright
2010
Page 23 of 36
11) Q.
Can
you
show
us
a
successful
case?
A. No
-
when
a
negotiation
has
been
completed
with
a
client
with
the
bank,
the
bank
requires
a
signed
non-disclosure
gag
order.
The
bank
does
not
want
anybody
to
know
how
the
procedure
was
done
to
keep
others
from
doing
the
same.
We
also
do
not
want
to
jeopardize
a
client's
property
by
breaking
the
order.
12) Q.
If
I'm
currently
in
a
loan
modification,
will
this
procedure
help?
A. Once
you
have
a
lien
against
the
bank,
your
file
moves
to
the
top
and
whatever
you
want,
our
lien
enforcement
team
will
negotiate
the
terms
requested
by
the
client.
13) Q.
If
there
is
a
2nd
or
3rd,
is
the
procedure
different?
A. The
procedure
for
the
2nd
and
3rd
mortgage
is
the
same
and
requires
the
same
amount
of
time
and
energy.
14) Q.
What
is
the
success
rate?
A. Very
high.
15) Q.
What
if
I
have
a
2nd
mortgage?
Do
I
need
to
do
the
procedure
with
that?
A. If
you
do
not
handle
the
2nd,
it
will
be
a
lien
still
against
the
property
you
owe.
We
suggest
all
liens
against
property
go
through
the
procedure
to
have
them
removed.
16) Q.
What
is
the
cost
for
the
2nd
mortgage?
A. We
structure
it
appropriately
to
the
1st
mortgage,
so
it
depends
how
that
looks.
17) Q.
If
I'm
in
the
middle
of
a
trustee
sale
reversal,
will
this
help?
A. Same
as
#16
18) Q.
What
if
I
lost
my
home
2
years
ago?
A. Fraud
has
no
statute
of
limitation.
You
can
pursue
a
lien
against
the
bank
at
anytime
you
can
afford
the
cost
of
the
procedure.
Punitive
and
compensatory
damages
are
what
you
would
be
working
for
here.
19) Q.
Have
any
of
the
liens
placed
against
the
bank
ever
been
overturned?
A. Never.
20) Q.
How
long
do
I
have
to
act?
A. Time
is
of
the
essence
when
you
are
behind
on
your
house,
and
delaying
this
process
can
be
a
big
mistake.
Each
day
that
passes
makes
it
that
much
harder
to
get
a
mortgage
release.
The
home
foreclosure
process
usually
takes
about
90
days.
When
we
find
evidence
of
loan
fraud,
or
predatory
lending,
the
lenders
typically
stop
the
foreclosure
in
order
to
give
their
legal
department
time
to
review
the
case.
Pending
their
case
load,
the
mortgage
release
can
be
done
in
3
-
6
months
on
average.
If
you
qualify
for
our
program
you
will
be
given
a
joint
venture
agreement
to
review.
You
have
one
week
to
ratify
the
agreement.
Time
is
of
the
essence
and
we
only
help
homeowners
who
are
decisive
and
dont
waste
precious
time.
Peace
of
Mind,
LLC
Copyright
2010
Page 24 of 36
21) Q.
Do
I
have
enough
time
to
stop
my
foreclosure?
A. Up
until
the
foreclosure
sale
occurs
there
is
still
hope.
If
a
sale
date
for
your
house
has
been
set
you
need
to
act
fast.
In
these
cases,
you
get
emergency
attention
from
us.
If
need
be,
we
will
have
one
of
our
attorneys
get
involved
to
stop
the
foreclosure
sale.
We
typically
turn
away
clients
with
a
short
timeframe
from
foreclosure
and
clients
who
take
more
than
7
days
to
make
a
decision.
In
some
cases
we
can
still
help
homeowners
that
already
lost
their
home
to
foreclosure
but
it
is
harder
to
do.
22) Q.
I'm
currently
in
bankruptcy.
Can
you
still
help?
A. Yes.
We
present
many
alternatives
to
the
court
and
the
judge
sees
the
violations
of
Federal
law,
until
such
time
as
the
court
can
review
the
allegations.
23) Q.
Should
I
file
for
bankruptcy
to
save
my
house?
A. Maybe,
but
not
before
we
examine
all
your
documents.
Use
bankruptcy
as
a
last
resort
to
saving
your
home.
Its
always
good
to
explore
all
your
options
so
dont
rush
into
making
an
uninformed
decision.
24) Q.
I've
already
talked
with
my
lender
and
they
just
want
all
their
money.
Can
you
still
help
me?
A. Yes.
Many
people
experience
this
kind
of
inflexibility
from
their
lenders
before
calling
our
team.
Watch
how
fast
they
sing
a
different
tune
when
they
know
they
are
dealing
with
an
experienced
team
of
professionals
with
access
to
judges
and
lawyers.
Imagine
their
response
if
indeed
evidence
of
loan
fraud,
predatory
lending,
or
servicing
violations
is
discovered.
Then,
there
is
the
issue
of
servicing
companies
that
are
powerless
to
modify
the
loan.
These
are
companies
that
do
not
own
the
note.
We
then
bypass
the
company
all
together
and
go
directly
to
the
note
holder.
25) Q.
Will
my
credit
be
damaged
from
doing
a
mortgage
release?
A.
Most
likely.
However
if
you
have
great
credit,
this
is
something
you
may
evaluate
in
your
decision
to
do
the
program.
If
your
credit
is
already
damaged,
we
may
be
able
to
help
reverse
any
adverse
accounts
through
our
Credit
Restoration
Program.
Through
the
CRP,
we
are
able
to
repair
and
remove
any
derogatory
information
on
your
credit
files
in
a
1
-
3
month
timeframe
rewarding
you
the
freedom
and
flexibly
realized
by
having
high
credit
scores.
(Some
cases
will
differ
in
timeframe)
Not
only
will
you
be
able
to
release
your
mortgage,
you
will
also
be
able
to
remove
any
late
payments
associated
with
this
account!
However,
you
have
to
understand
that
credit
agencies
are
private
organizations
and
credit
agencies
are
part
of
a
larger
system.
These
agencies
work
hand-in-hand
with
your
lender
and
the
banks
make
more
money
the
lower
your
credit
score
so
it's
not
surprising
that
your
credit
will
be
affected
by
these
strategies.
Page 25 of 36
26) Q. EXPENSES Approximately how much will it be? A. This varies with each property. Usually if the property is near foreclosure/trustee sale, more cost is involved since we may have to hire attorneys to defend it. With most cases, it doesnt come to that and we release the mortgage before they try to foreclose. It's different for each case. 27) Q. What makes the mortgage release legal? A. Every individual has a TILA Right of Rescission recourse that is self-enforcing. The process begins with the consumers notice to the bank that he or she is rescinding the transaction. By operation of law, the security interest and promissory note automatically becomes void and the consumer is relieved of any obligation to pay any finance or other charges. Ultimately, the TILA rescission not only cancels a security interest in the property but it also cancels any liability. All actions we take have been researched and backed by statutes, rights and law. 28) Q. Should I pursue a loan modification or short sale? A. A loan modification occurs when a lender agrees to change one or more parts of the loan terms in order to make the loan more affordable to the borrower (while still being able to pay the lender). The loan modification is best suited for borrowers who are behind on their mortgage but have a plan for repaying their debts. Generally speaking, a loan modification candidate had a specific incident or occurrence that has caused them to be behind and is curable. The curability is significant. Without it, the lender will be unlikely to agree to new terms. Most loan modifications do not get approved and that is the problem with this strategy. Short sales are more appropriate for borrowers who are mostly hopeless for being able to afford their mortgage. This may happen due to a long-term job loss, extended illness, divorce, or death of a partner. A bank is more likely to agree to a short sale if the borrower has made every effort to repay the debt and to sell the property. The lender wants to see an effort for the property to be sold for the most amount of money possible. Lenders like to see the property listed with a reputable real estate company so they know the seller has done everything possible to cure the problem. Yet, most short sales do not get approved. The facts are that both of these options should be explored if you QUALIFY for them. The one big catch is that the lenders have the final say on the approval of a loan modification or short sale which does not give you control. A mortgage release will trump any of these bank approved options and give you peace of mind of eliminating your mortgage for good. The key is that you are in CONTROL. Together with the right team, you can save your home and protect your asset. 29) Q. Can I get a copy of all the paperwork? A. No. You can get it after you are qualified and approved for our program.
Page 26 of 36
30) Q.
This
sounds
like
a
great
program
to
help
people,
how
do
you
work
with
someone
who
would
like
to
affiliate
with
your
company?
A. Usually,
we
like
to
see
you
use
our
services
first
to
understand
how
it
can
benefit
you.
Once
you
see
how
this
works
personally,
then
you
can
start
referring
clients
to
us
for
a
commission.
And
once
you
have
proven
to
us
that
you
are
serious
about
the
opportunity,
then
you
can
become
an
Affiliate
with
our
company
and
we
can
help
your
clients
with
various
solutions
based
on
their
situation.
Please
call
our
offices,
and
we
can
give
you
more
information
about
our
Referral
and
Affiliate
programs.
31) Q.
Sounds
too
good
to
be
true?
A.
Yes,
sounds
unbelievable
right?
That
is
why
we
did
so
much
research
to
give
you
the
facts
in
this
special
report.
You
can
look
up
all
of
these
laws
and
statues
yourself
to
verify
the
validity
of
these
facts.
Here's
the
bottom
line:
as
simple
as
it
was
for
you
to
sign
documents
to
get
a
loan,
it
will
be
as
simple
as
you
signing
documents
to
release
that
loan/liability.
If
you
do
your
research
about
everything
we
mentioned
in
this
special
report,
you
will
be
amazed
at
what
you
did
not
know.
A
simple
example
is
a
cost
of
a
flight
to
a
destination;
everyone
is
pretty
much
paying
the
same
price
for
the
flight
(given
all
things
being
equal
such
as
when
they
booked
the
flight,
coach,
no
frills,
etc);
however
if
you
know
of
a
website
with
specials,
discounts
and
promotions,
you
can
get
the
ticket
for
almost
half
the
cost
of
the
other
seats
booked
on
the
same
plane.
The
person
that
paid
for
the
ticket
at
a
reduced
price
had
the
privy
information
while
95%
of
the
population
did
not.
Most
people
don't
have
many
options
and
the
options
they
do
have
favor
the
lenders.
32) Q.
What
if
you
can't
get
rid
of
my
mortgage
or
release
it?
A. There
are
many
strategies
we
use
and
that
is
the
good
thing
about
what
we
do.
We
are
not
just
a
'one
style/one
color
shop',
we
have
multiple
strategies
to
help
our
clients.
If
we
can't
release
your
lien
then
we
can
most
likely
place
a
lien
on
the
lender
for
fraud
and
you
can
get
a
judgment.
The
judgment
gets
filed
in
the
Federal
Court
system
so
it's
perfectly
legal
as
long
as
you
do
it
right
and
you
have
the
right
team
doing
it
for
you.
Then,
your
judgment
can
be
monetized
and
the
proceeds
from
your
judgment
will
go
to
you
and
you
can
pay
your
bank/lender
in
full.
33) Q.
Can
I
use
your
special
report
as
a
guide
and
do
my
own
research
to
do
this
myself?
A.
There
are
so
many
factors
of
each
client's
case
that
will
make
most
people
confused
beyond
madness
because
situations
on
cases
change
all
the
time
and
it's
not
always
cookie
cutter
how
each
case
is
handled.
And
most
importantly,
you
may
not
have
all
the
ingredients
to
be
successful
at
this
process.
These
variables
include
having
the
advice,
experience,
knowledge,
technology,
team,
expertise,
resources,
network,
association,
funding,
and
much
more.
Thus,
trying
this
on
your
own
or
even
with
the
help
of
someone
you
think
may
know
(like
a
friend
or
attorney
with
limited
knowledge
of
these
matters)
could
lead
to
very
dire
consequences.
Peace
of
Mind,
LLC
Copyright
2010
Page 27 of 36
34) Q:
Shouldn't
I
be
concerned
that
I
am
crossing
the
ethics
and
moral
issue
with
a
mortgage
release?
Some
people
may
wonder,
and
it
can
be
cause
for
concern,
about
the
process
you
are
suggesting
is
that
when
an
applicant
asked
for
a
credit
card,
that
applicant
promised
he/she
would
pay
it
back.
When
someone
takes
out
a
mortgage
to
buy
a
house,
that
person
promised
to
pay
it
back.
People
like
to
keep
their
promises
and
to
stay
in
honor.
Would
one
be
getting
a
'free
house'?
What
if
everyone
does
this,
will
we
have
a
financial
meltdown?
A.
This
is
a
summary,
but
it
is
vital
to
grasp
the
issues
which
are
actually
more
than
life
and
death
in
scope.
This
has
a
powerful
spiritual
dimension
as
well.
You
have
been
convinced
that
you
borrowed,
therefore
you
owe.
But
you
are
assuming
a
voluntary
servitude
that
is
not
required
of
you
by
law
and
you
were
not
informed
of
this
by
the
responsible
party.
There
has
not
been
disclosure
of
the
material
facts
by
the
bank
or
credit
card
company
and
they
had
nothing
to
give
in
return.
They
convinced
you
to
give
them
the
title
to
the
property
in
exchange
for
your
own
credit.
It
is
not
the
bank's
money
that
bought
the
house.
You
did
not
receive
value
from
them.
Your
own
promissory
note
supplied
the
credit.
In
return
for
your
credit
they
rent
it
back
to
you
for
30
years
and
hold
title
for
having
supplied
nothing
to
the
transaction.
Furthermore,
your
promissory
note
was
eventually
sold
multiple
times
without
your
permission
or
knowledge
even
though
it
belongs
to
you.
In
monetizing
your
promissory
note,
the
bank
increased
its
wealth
by
9
times
the
note
and
subsequently
demands
that
you
pay
back
the
principal
plus
interest....on
your
own
credit.
Your
note
created
money
for
them
and
yet
you
keep
paying
and
paying.
The
bill
of
exchange
you
obtain
for
the
$120,000
mortgage
is
worth
$1,080,000
to
the
bank
by
monetizing
it
on
the
discount
market.
As
a
"thank
you"
for
the
privilege
of
using
your
promissory
note
to
vastly
increase
its
own
assets,
the
bank
wishes
for
you
to
pay
back
the
$120,000
you
created
with
your
credit
plus
interest,
which
over
30
years
would
nearly
triple
the
cost
of
the
mortgage
AND
you
gave
them
the
collateral
of
the
house
that
you
already
paid
for
with
your
promissory
note.
In
our
debt
elimination
process
there
is
no
reneging
on
contract
for
two
reasons.
First,
the
debt
is
discharged
by
a
surety
bond
and
bill
of
exchange
following
existing
statutes
and
administrative
procedures.
Secondly,
there
was
no
contract
from
the
beginning.
A
"mortgage"
is
not
a
contract
just
as
the
Constitution
is
not
a
contract.
A
contract
requires
two
(2)
or
more
parties
(Offeror
and
Offeree)
who,
at
the
time
of
its
execution
or
adoption,
covenanted
to
be
bound
by
it
as
evidenced
by
the
signature(s).
The
practiced
pattern
of
the
"mortgage"
lending
industry,
and
their
well
publicized
activities,
proves
beyond
a
shadow
of
a
doubt,
that:
(1)
every
"Mortgage
Lender"
did
intentionally
obtain
their
customers
promissory
notes,
by
non-disclosure,
concealment
and
suppression
of
the
material
fact;
(2)
that
the
mortgage
lender
was
not
risking
any
of
their
own
assets
in
the
transaction
,and,
(3)
that
the
"Lender"
did
intentionally
obtain
their
customers
notes
by
concerted
action,
which
would
Peace
of
Mind,
LLC
Copyright
2010
Page 28 of 36
accomplish
the
unlawful
things
described
herein,
with
full
knowledge
of
the
end
results
of
their
individual
participation.
In
a
just
society,
they
would
be
charged
with
fraud,
larceny
and
conspiracy
to
defraud
(RICO).
I
will
explain:
A
"Mortgage
Lender"
is
not
a
party
to
a
mortgage
under
the
laws
of
contract.
No
agent/principal
for
the
mortgage
lender
will
sign
a
mortgage
contract.
The
reason
for
the
missing
signature
is
because
the
agent/principal
is
fully
aware
that
the
mortgage
lender
is
not
tendering
any
consideration
in
the
transaction.
Therefore,
having
provided
no
consideration
and
having
given
no
indication
of
any
desire
to
participate
as
a
party
to
the
contract
by
signing
the
contract,
neither
the
mortgage
lender
nor
any
other
third
party
who
may
acquire
the
mortgage,
has
any
legal
authority
to
impose
the
terms
of
the
mortgage.
The
contract
fails
for
lack
of
consideration.
There
is
no
power
of
attorney
in
the
mortgage
granting
the
mortgage
lender
the
legal
right
to
use
the
individual's
promissory
note
for
the
mortgage
lender's
personal
financial
gain,
without
compensating
the
maker
of
the
note.
There
is
no
written
granted
authority,
or
disclosure
in
the
mortgage
for
the
mortgage
lender,
or
any
other
party,
to
"pool",
"encumber",
"pledge",
"hypothecate",
or
trade
the
individual
promissory
note
on
the
secondary
market
where
all
trades
are
cleared
by
the
Federal
Reserve
and
are
trades
"off
the
books
without
compensating
the
maker.
You,
the
maker
of
the
note
in
the
mortgage
"contract"
have
made
no
appointment
of
representative
status
to
any
agent/principal
of
the
mortgage
lender.
After
obtaining
the
note,
the
non-authorized
actions
of
the
mortgage
lender
concerning
the
individual
promissory
note
creates
implied
obligations
for
the
maker
to
undisclosed
and
unknown
parties
to
the
original
transaction.
If
the
mortgage
were
a
contract,
then
the
mortgage
lender
would
have
had
to
tender
consideration
and
possess
the
original
unmarked
and
unaltered
note
in
order
to
sell
the
note
or
enforce
the
contract.
Otherwise
the
contract
is
"voidable".
When
the
mortgage
lender
obtains
the
customer's
promissory
note
without
consideration,
they
have
committed
an
act
of
"Constructive
Fraud"
by
acts
of
concealment
of
material
facts.
These
acts
of
concealment
of
material
facts
establish
a
Breach
of
Contract,
since
the
mortgage
lender
has
a
legal
duty
to
act
in
good
faith
and
disclose
all
material
facts
relative
to
the
transaction.
Having
obtained
the
customer's
promissory
note
by
Constructive
Fraud,
the
mortgage
lender
is
not
justified
by
"implied
consent"
to
enforce
the
contract,
as
that
consent,
implied
or
otherwise,
cannot
be
given
under
a
cloud
of
non-disclosure,
concealment
and
suppression
of
material
facts,
or
a
state
of
duress.
Do
you
think
the
bank
holds
the
moral
position
here?
Peace
of
Mind,
LLC
Copyright
2010
Page 29 of 36
If
the
sovereign
has
the
rights
of
sovereignty
over
himself
and
his
property,
then
each
is
capable
of
entering
in
to
a
social
contract.
But
by
the
use
of
mortgage,
those
who
are
sovereign
are
deceived
in
to
use
by
privilege,
of
what
they
think
they
possess
by
right.
A
privilege
is
granted
by
an
authority,
whereas
a
right
is
a
natural
heritage
implying
ownership.
Because
the
14th
Amendment
to
the
Constitution
has
placed
the
sovereign
under
the
protection
of
the
United
States
CORPORATION
which
administers
the
District
of
Columbia
and
all
other
Federal
territories
and
possessions,
the
mortgage
lender,
the
lawyer
and
the
judge
take
advantage
of
the
sovereign
under
the
undisclosed
concept
that
the
individual
is
a
perpetual
child
who
is
incompetent,
a
ward
of
the
State,
and
not
legally
capable
of
entering
in
to
ANY
contract,
while
yet
enforcing
an
implied
contract.
But,
a
contract
creates
the
law.
Therefore,
a
contract
is
a
living
body
of
law
and
is
an
agreement
made
between
living
people.
When
a
contracts
sponsors
and
promoters
reduce
to
a
document
words
and
terms
that
convey
privileges
and
authority
which
those
sponsors
and
promoters
have
no
right
or
lack
the
capacity
to
convey,
it
is
illegal.
There's
much
more
that
demonstrates
that
your
moral
issue
is
rather
to
uphold
your
right
to
be
considered
a
sovereign
rather
than
a
subject.
At
the
moment
you
are
considered
before
the
law
to
be
incompetent
and
in
need
of
caretaking.
Your
employees,
the
several
levels
of
government,
have
taken
without
permission
your
substance
to
be
collateral
for
the
debt
theyve
created.
Since
you
have
not
taken
the
position
that
you
are
capable
of
accepting
responsibility,
you
are
treated
as
though
you
were
irresponsible.
They
presume
that
since
you
have
not
taken
control
of
your
own
affairs,
you
are
content
to
remain
under
their
care.
So
morally,
to
avoid
this
issue
you
are
permitting
the
governments
to
usurp
power
from
you
and
collectively
from
all
other
sovereigns
who
do
not
know
they
have
lost
their
status
under
a
constitutional
republic.
By
default
you
and
all
others
who
are
unaware
have
created
the
impending
dictatorship
by
inaction.
Here
is
a
moral
position
that
cannot
be
overlooked.
Since
1933,
the
US
has
been
bankrupt
and
money
is
no
longer
available
but
for
the
debt
instruments
that,
when
used
to
repay
debt,
actually
increase
the
national
debt.
Having
withdrawn
substance
for
commerce,
only
the
government
can
extinguish
our
debts.
That
is
the
action
of
the
surety
bond
and
a
bill
of
exchange
instrument
to
discharge
your
debts.
Furthermore,
by
"switching
chairs"
with
you,
the
mortgagor
manages
to
become
the
acceptor
of
your
offer
and
ends
up
holding
the
contract
in
due
course...meaning,
as
holder
they
retain
the
right
of
ownership
whereas
you
obtain
the
privilege
of
its
use!
When
title
is
registered,
the
true
owner
of
the
property
--
car,
house,
boat,
etc.
--
is
the
state.
Therefore
you
must
pay
rent
to
the
feudal
lord
who
owns
the
property
to
Peace
of
Mind,
LLC
Copyright
2010
Page 30 of 36
which you have acquired the privilege of its use -- taxes, license fees, etc. You own nothing and retain privilege at the sufferance of the State. Do you note the immorality of the system? This is the system you support by non- action, and establishing your rights to your own substance which has been taken from you without your knowledge or permission is the beginning of taking back the power you inadvertently let slip away. Not your fault. The schools, attorneys, the media, the government, the banks do not provide you with the information to make an informed decision. That does not diminish your own responsibility to become informed. Now you have a clearer idea of what the stakes are, you understand some of the consequences of being uninformed, and you have the choice of pretending you don't know or doing something about what you now know. In the end, all decisions need to be made by YOU and only you. That is why we put so much time and resources in to putting together a comprehensive Special Report to help you answer most, if not all, questions regarding the mortgage release. After all the facts are given, the decision is yours to make and when you make that decision, pick the one that allows you to sleep at night with full 'peace of mind'.
Page 31 of 36
The courts have upheld that a Deed of Trust and a mortgage note CANNOT be traded or sold separately. Federal and State courts have upheld that the power of sale cannot be conferred separately from the ownership of the debt itself. Most foreclosures are conducted by a trustee who has been instructed to do so by parties that do not own the note/debt itself. Most mortgage notes have been sold or traded separately from their Deed of Trust. This is true for a majority of mortgage loans in the United States. If your mortgage happens to be one of those that has been held as a portfolio loan and has not been securitized or sold, there are many other claims that you may have to defend against foreclosure, including but not limited to, items listed in #6 above. Your original eocuments have more than likely been destroyed intentionally or otherwise. It is much cheaper to store documents digitally than to store the physical copies. Due to this fact, most mortgage documents are scanned and destroyed by the original lender. Other times, they are lost or destroyed intentionally where parties have collected on claims of insurance policies in effect to cover against such losses. Most mortgage documents are just not available. Original documents are REQUIRED in foreclosure as sole method to verify validity and authenticity. Courts in Federal and State jurisdictions have upheld that original documents must be provided in order to validate and authenticate the claims, when disputed by any of the parties involved. Originating lenders and brokers of mortgages are out of business, leaving no trail of documents to verify. It is true that upon the bursting of this "bubble" in the summer of 2007, more than 300 lenders quickly shut their doors over a 3 month period, destroying their records, documents, and paper trails. In many cases this left a cloud of doubt over the title and the true ownership of the debt that should be disputed for clarification. Most banks and parties conducting foreclosures are NOT authorized by law to do so, and can be beat at their own game by disputing the validity of the debt!
Page 32 of 36
via loan modifications, forbearance, or other workout agreement tactics; authorize short sales or deed in lieu of foreclosure; initiate foreclosure proceedings. The servicer has significant duties related to loan management. It would appear that there would be significant reason to engage in loan modifications or principal reductions to ensure loan repayment over foreclosures. But actually, the servicer has no incentive to engage in such actions and in this case did not in direct violation of Civil Code section 2923.5. The servicer did not engage in any effort because the servicer has no beneficial interest in the note, so there is no urgent demand for anything but foreclosure. When the payments were missed, the servicer had to advance the payments to the Trust with its own funds. The only way to recoup these funds is through foreclosure, since the PSA does not allow for recoupment in any other manner. (The servicer stops making these advances only when it is determined that the money is not recoverable.) The servicer was paid on the total dollar amount of the Servicing Portfolio for the Trust. Authorizing a principal reduction would reduce the total dollar amount of the portfolio, so the servicer would receive less monthly income. Further, a percentage payment on the unpaid principal balance of the pool is the single largest source of income for the servicer. Under the rules promulgated by the credit rating agencies and bond insurers, the servicer would be delayed in recovering the advances when they do a modification, but not when they foreclose. Stalling foreclosures means that the Servicing Portfolio increases monthly, resulting in increased servicing fees. Performing loan modification would cost the servicer upfront monies in fixed overhead costs, including staffing and physical infrastructure, plus out-of-pocket expenses such as property valuation and financing costs. The post-hoc reimbursement for the individual loan modifications offered by Making Home Affordable and other programs was not sufficient to induce the servicer to alter their existing business model. The Quarterly Report to Congress issued by the Office of Inspector General for the Troubled Asset Relief Program, under HAMP and its related programs, reports that Treasury signed agreements, called Servicer Participation Agreements (SPAs) with 145 servicers as of October 3, 2010. Of the $29.9 billion obligated to these servicers under their SPAs, $483.3 million was spent as of that date on completing permanent modification of first liens. Of the combined amount of incentive payments, approximately $268 million went to pay servicer incentives, $164.9 million went to pay investor incentives, and $52 million went to pay borrower incentives. The servicer collects additional fees from late payments, foreclosure actions, and numerous junk fees that they add to the homeowners account.
Page 33 of 36
The SPA does not allow for modification unless the servicer buys back the loan from the investor at the balance due, which the servicer wont do since the loan is in default and the home is worth less than the loan. Buying back the loan would mean a loss for the servicer. The primary mortgage insurance on the loan meant that no loss occurs in the event of foreclosure. Credit default swaps would pay not just losses, but above and beyond losses. Using these forms of Insurance, for instance, a $2 premium can be paid to insure $100 in debt. For these reasons, the servicer did not engage in any meaningful effort at loan modification despite the statutory mandate in the state of California and falsified their claim under Civil Code Section 2923.5. The Foreclosure Process Was Unlawful The original mortgage was executed on December 15, 2006. The beneficiary and mortgagee is MERS and the lender is GreenPoint Mortgage Funding, Inc. Marin Conveyancing Corp. is the trustee according to the Deed of Trust and the mortgage allows for the Trustee to invoke the statutory power of sale. The SPA contained in the caveat states that the mortgage instrument must be duly executed and fully enforceable. The note states that the lender may transfer the note and the nender or anyone who takes the note by transfer and who is entitled to receive payments under this note is called the note holder. The actual note holder is unknown at this time and whether or not MERS has any authority to act as the agent of the current note holder is unknown. Section 131(g) of the Truth in Lending Act (15 USC Sec. 1640)(TILA) was amended on May 19, 2009, to include a new provision requiring the assignee of a mortgage loan to notify a consumer borrower that the loan has been transferred. Section 131(g) requires the new owner or assignee of a mortgage loan must notify the borrower in writing within 30 days after the mortgage loan is sold or otherwise transferred. This notification never occurred. MERS as the assignee violated this notice requirement and is subject to civil penalties under Section 130(a) of TILA. Further, effective July 31, 2009, the maximum penalty increased from $2,000 to $4,000. that an individual consumer may recover for each TILA violation in connection with a closed-end loan secured by real property or a dwelling increased. Additionally, TILAs Section 108 provides that a violation of any requirement imposed under TILA shall be deemed a violation of a requirement imposed under [the FTCs Act], regardless of whether a person committing a violation otherwise comes under the FTCs jurisdiction. For willful or knowing violations, a person may be fined up to $5,000 and/or imprisoned for up to one year, in accordance with Section 112 of TILA.
Page 34 of 36
Supporting
Organizations
The UPU (Universal Postal Union) in Bern, Switzerland, is an extremely significant organization in todays world. It is formulated by treaty. No nation can be recognized as a nation without being in international admiralty in order to have a forum common to all nations for engaging in commerce and resolving disputes. The UPU operates under the authority of treaties with every country in the world. It is, as it were, the overseer over the common interaction of all countries in international commerce. Every nation has a postal system, reciprocal banking, and commercial relationships, whereby all are within and under the UPU. The UPU is the number one military contract mover in the world. For this reason we send all important legal and commercial documents through the post office rather than private carriers. We want direct access to the authorityand corresponding availability of remedy and recourseof the UPU. For instance, if you post through the US Post Office and the US Postmaster does not provide you with the remedy you request within twenty-one (21) days, you can take the matter to the UPU. Involving the authority of the UPU is automatically invoked by the use of postage stamps. Utilization of stamps includes putting stamps on any documents (for clout purposes, not mailing) we wish to introduce in to the system. As long as you use a stamp (of any kind) you are in the game. Note: The United States has a treaty with the Universal Postal Union and the terms and conditions of that treaty must be followed by all who choose to use the United States Postal Service for all mailings. All complaints of mail fraud can be handled through the UPU.
Page 36 of 36