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If you have your original closing mortgage documents available, you’ll be able to flip through them and see
what the mortgage company has done to defraud you. The two main documents that I will be referencing will be
the Note and the Deed of Trust (or Mortgage). The note is commonly referred to as a promissory note.
However, it is not a traditional promissory note.
At the end of this mortgage fraud/settlement process, which takes two to four months to complete, you will
have battled the bank’s trustees to obtain your property free and clear. After all, you are the rightful owner of
your home. Look at your Deed of Trust; your name is on it. You’ve already paid for your house. It was paid for
in full before you even signed the papers at escrow, and you didn’t even know it; nor was it disclosed to you.
But The Seller Got Paid Money Right? Where Did The Money Come From?
The next question that comes to mind is, “If no loan was provided, where did the money come from to pay
the seller of the house? The person I bought the house from got paid. Where did the money come from?”
This is where the whole “loan process” gets interesting. We’ll compare what happens in a normal real estate
transaction with an analogy.
Let’s say that I advertise my car for sale. I’m still driving my 1999 Honda Civic, even though it has 120,000
miles on it. You know about Hondas, they run for a long time. So, I put it on Craigslist for $2,400, hoping that I
can sell it for at least $2,000.
You see it advertised. You come over and take a good look at the Honda. You offer me $2,000. So, I say,
“That sounds great. We have a deal.” You tell me that you would like to pay by check, “Is that a deal?” I say,
“Sure, I understand. People don’t walk around with $2,000 cash all the time. You can write me a check.”
However, I’m not going to let you take the car until the check clears.” You say, “That’s fine.”
We agree. We have a deal. You write me the check, I give you a receipt, and that protects your side of the deal. I
take that check. I deposit it into my account. I draw some funds off of it. The rest of it, I leave in my account.
Within a couple of days, you check your bank account online. You see that there is $2,000 less in your bank
account. Furthermore, I can see that there is $2,000 more in my bank account. Your check has cleared. That
means you’re going to come and knock on my door. We both acknowledge that the check has cleared. You say
to me that it’s time for you to take the car and the title.
But I say to you, “All right, I’ll give you the keys to the car, but I’ve decided to change the deal. I’m not
going to transfer the title over to you. You can take possession, but I’m not going to actually give you the title to
the car until you pay me $45 a month for the next 20 years. How do you like that?”
That’s crazy you think, that would never happen to anybody. No one would ever agree to that.
Yet, every day of the week, in thousands of mortgage transactions all over the country, this type of scenario is
taking place, where bankers and escrow officers are writing these “loans”, making borrowers enter into these
unfair arrangements…with one exception to the car buying scenario and that is “disclosure”.
I disclosed to you when you came to take full possession of the car that we both understood that the payment
in “full had been made”. That’s really the only difference between this car sales scenario and when people get
into these “mortgage loan” arrangements.
The lender is not disclosing that there actually isn’t any lending going on. They’re not telling you that the
note you signed is NOT a promissory note. It is actually a cashier’s check or bank note, when you look at how it
is structured.
When you sign your name to the note and hand that over to the lender, this is what happens to the note. The
lender takes that note as though it were a cashier’s check or a personal check and deposits that document into
their bank account, as if paid in full. On the back of the original note you signed, the banker stamped “Pay to
the order of” and deposited the note as cash into the bank’s account.
The banks accept these promissory note documents as negotiable instruments and treat them like a cashier’s
check or a cash deposit. That promissory note becomes a cash deposit to the bankers who deposit it into their
account. It becomes cash to the bankers, and you paid off your house with cash as far as the bank is concerned,
by signing that promissory note at escrow.
How Do You Prove That You Paid? Do You Subpoena Them For Their Records?
We suggest that each user of our system submit an affidavit of fact asserting that payment in full was made.
That makes them have to prove that it isn’t true. The only way to rebut an affidavit is to provide your own
affidavit, point by point. Those are the rules.
If they haven’t provided an affidavit to overcome the one that you’ve provided, then under law they are
essentially agreeing with what you’ve said. Silence is acquiescence, is the legal rule on that. There comes a
point in our process, where if you’ve done all the right things, they have to listen. They essentially do obey. You
are the one driving now.
The bank knows that proceeding forward and just ignoring you could actually mean criminal charges to the
human beings that are taking these steps. There are consequences to engaging in fraud, if the victim of it knows
what’s happening to them.
On top of that, we even offer to pay them funds, by creating a Promissory Note or Money Order and sending
it to them. If they don’t credit the payment offer and deny payment that is also indication of fraud and denial of
payment. We give them so many ways to comply, that we overwhelm any legal argument in our favor.
You Are The Creator Of All Credit And Notes – Why Is That Important?
You are the creator of the trust. That’s what the paper work says. You’re the trustor/grantor. Those two
words are synonymous. They mean the same thing. In some states it’s grantor and in other states it is trustor, but
it means the same thing. You’re the one who created that trust. You created that document. They simply printed
it out.