Tuesday, August 08, 2006

The movement of a note

The Promissory Note enters into the transaction as a financial asset of the maker. It is to be maintained and retained by the alleged creditor. Under the current practices though the so-called lender places the financial asset of the maker into a deposit account without any disclosure. This simple act changes the nature of the transaction from a normal creditor/debtor relationship to a principle/agent and beneficiary/trustee: a fiduciary relationship by the deposit and agent by the taking of the maker's asset into the commercial paper arena. The deposit account is liquidated without consent, a breach of fiduciary, and becomes the funding source for the wire or cashier's check used in the real-estate transaction. The alleged lender now takes the asset separate from the deposit and securitizes it by endorsement into the commercial markets. This happens on the back of the instrument/note or on an alonge attached. It is a sale of the asset of the maker without knowledge or disclosure, a breach of agency. There is a presumption of purchaser that the agent owns this asset. Agent has also become a servicer in most instances creating a conflict in that he now has two masters with opposing interest. The maker as principal should have been represented as to his assets, compensated, and informed. Now as servicer the same agent has an allegiance to a party/purchaser that is contrary to the interest of maker/principal. These would be crimes if the government were not the sanction of this huge conspiracy of fraud. Fannie Mae being the clearing house, guarantor of last resort, and purchaser now enters into the world of securities fraud in that the assets obtained through false representations do not come with any rights, title, or interest, and cannot be used as assets of their own to justify equity for their stocks and bonds.



This is all regulated by the uniform commercial code sections 1, 2, 3, 4, 8, and 9. A clear presentation of the movements via this code shows rights, title, interest, and conflicts; substantiating the current practice of fraud because the presumptions are factually false.



The note being the maker's property is exchanged for a security interest is the current misunderstandings in public perception that believes a loan occurred. If this were true the note property should be returned when satisfied either by payment or foreclosure. Where is your original? This is the hide and seek question the fraud perpetrators refuse to answer.

27 comments:

neodemes said...

Eat this:

If there was intent to transfer a promissory note when an assignment of mortgage was executed, the plaintiff/ lender should prevail. See UCC sec. 3-110(a) ("The person to whom an instrument is initially payable is determined by the intent of the person, whether or not authorized, signing as, or in the name or behalf of, the issuer of the instrument"). Revised Article 9 and Article 3 of the UCC (Negotiable Instruments) allow enforcement when the note has been lost, before or after the transfer to an assignee, or is simply unavailable.

Excerpted from:
http://www.firstam.com/faf/html/cust/jm-sales.html

neodemes said...

That ain't gonna help you.

Stillwaiting3 said...

interesting! We actually got info on notes and UCC and not on religion. How about that. I am impressed.

habakkuk said...

" It's a bunch of old rehashed crap scammers keep trying to sell that never got anyout out of paying for something they owed. "

Its funny, you are a perfect example of the type of person the bankers, etc want.....Someone who is totally indifferent to the truth. You could care less. You call right wrong and wrong right....even though the Word of G-d clearly, CLEARLY defines whats right. You cant even tell the difference any more because your compass is broke.

habakkuk said...

"It's a bunch of old rehashed crap scammers keep trying to sell that never got anyout out of paying for something they owed. "

I mean honestly, after all this time are you still trying to argue that point? Really??? The evidence is so clear a blind man doesnt need brail to read it and your still stuck on that???? Foreal???

habakkuk said...

I've heard it all folks

Stillwaiting3 said...

dgwondering.....Not ture. I have a friend who went a different route and he just told me that several people in his group no longer pay and no longer are hassled by the lenders or their lawyers. His should be completed some time in the next month or two. I have known him for almost twenty years and I have listened in on the process more times than I can remember.
It is not an interpertation of the statutes as it is getting around the lawyers fight that takes the time. Remember they (lenders) have much deeper pockets than we do.

G-FORCE said...

Stillwaiting--what is the website of the people processing your friends mortgage?

Yetter said...

Eat This? The more the madness of might makes right, wether in the mortgage industry, the market place and in war continues, the greater the disaster will be.

Yetter said...

A situation that little is being said about is the disputed election in mexico.Mexicans are no where near good sports as US citizens when it comes to election stealing.They get quite fiesty and make a lot of noise. Even if they fail to succeed, it causes significant problems within a country. They should learn from the U.S. and simply not care.

neodemes said...

Keep an eye on the Jerusalem skies Aug. 22

:-o

neodemes said...

whatdidyoumean,

mogel007 awaits you at http://www.plentyoffish.com/member2050165.htm

neodemes said...

OR

http://www.singlesaints.com/view-lds-single/mogel007

neodemes said...

whyudothat,

Don't be a chump, cut up those credit cards.

neodemes said...

Dude,

Most people don't care whether the banks risk anything or not. They are happy to get the money to buy a home and understand the terms of the loan and how much it will cost them.

Get over it already.

Yetter said...

The truth cares.wording in the truth and lending cares wether or not you or nobody else cares.

Yetter said...
This comment has been removed by a blog administrator.
Yetter said...

"Where is your original?This is the hide and seek question the fraud perpetrators refuse to answer." Banks don't really make it's money lending out to people so they could build houses,the bank trades for a living.This where your promissory note becomes a vehicle.A derivative is a financial contract whose value depends on a risk factor.
1.the price of a bond,commodity,currency,share etc. 2.A yield or rate of interest.
3.An index of prices or yields.
Derivatives are financial instruments that HAVE NO INTRINSIC VALUE,such as silver and gold, they get it from an external value. They hedge(gamble)the risk of owning things subject to price fluctuations,currencies and bonds.There are two main types of derivitives.
1.Futures. contracts for future delivery at a specified price.
2.Options.The opportunity to buy and sell at prearranged price.Derivitives transaction stay off the books and out of the prying eyes of investors and analysts. Enron is the micro example of what happens when it all goes wrong. Who really got hurt, Joe and Jane lunch box.Banks with the help of a privately held Federal Reserve at the controls have turned into giant casinos by running a casino economy that is splintering into vast piles of insolvent firewood.U.S.stock markets are being manipulated to show overall value gains and profits in order to keep the banks "paper" solvent. In reality the public is being conned into thinking that the banks are still solvent because they show gains in their stock paper value. If the U.S. markets were not manipulated the banks would collapse overnight along with the economy.To all the wonderful people who work and thrive in the industry you are argueing form over substance.The lie cannot magicaly turn into the truth. To survive it must continue to lie at even greater levels. The Federal judges are the gate keepers to that ensure the lie survives.This is what Kurt and Scott are facing. Judge Alsup has been found wanting.

WillToFight said...

Well Said Yetter

Good to see some since on this Blog!

WillToFight said...

Yetter

Many Americans as is shown here will not understand until this country has completed its Fascist (police state) takeover, and they themselves are under total corporate control, and no ability for redress!

WillToFight said...

Whatdoyoumean

I am with you!

Neo is a Fascist and doesnt even know it or he attempts to fool someone here?!?!

Chances are he is an ignorant dumb SOB!

KYHOOYA said...

So I find it all NOT SO funny that when trying to edge there side to all of this that people like NEO & TIN CUP have to post items of someones personal ID to try and get them to go away.

then there is always the TEACHING & Spelling/geammer thing that they use.

Why is that?

Do you have so little to back up your side of this story?

It sure looks that way with all the personal info and belittleing you try and post about people here.

If people on the internet wanted there iD to be printed for the public they would'nt have screen names to keep it out of the generel main stream.


Why don't you try keeping with the topic and leave personal items out.

I know if it were me and you pulled that crap I would find away to locate you and share my personl info and such in person.

anyone that has to resort to that crap has nothing of anything worth hearing about it's all BULLSHIT that comes out of there mouth and that the fact's

Why don't you go try that play ground bully shit somewhere else PUNK'S

AND PUNK'S YOU ARE,AND WE ALL KNOW HOW THEY END UP DON'T WE


HOW SAD FOR YOU TO HAVE TO TRY AND BELITTLE TO MAKE YOR POINT. HOW SAD FOR YOU INDEED. NEO,TCOB,AND ANYONE WHO WOULD JOIN THAT WAY OF DEBATING

IF YOU CAN'T CONVINCE SOMEONE THAT YOUR RIGHT WITH THE MERRITS OF YOUR FACT'S THAN WHY IS IT THAT YOU THINK ANYONE'S PERSONAL LIFE WOULD BE THE ITEM NEEDED TO USE.

IF THAT BE THE CASE NEO HAV'NT YOU SAID YOUR SELF THAT YOU WENT BANKRUPT AND THAT YOU DON'T EVEN OWN A HOUSE, OH SLAYER OF THE REALASTATE MARKET.

i THINK WHAT YOU DO BY POST PERSONAL INFO IS THE LOWEST OF THE LOW AND YOUR AN ASSHOLE FOR DOING IT THAT HAS LOST ALL FACE AND CREDIBILITY AND YOUR WORD MEANS SHIT! NOT ONE THING YOU SAY FROM NOW ON IS WORTH DICK HOW LOW DO YOU GUY'S HAVE TO STOOP TO TRY AND WIN PEOPLE TO YOUR SIDE OF THINKING CAN'T DO IT WITH THE FACT, IT SURE SHOW'S WHO YOU ARE WHITOUT SOMEONE HAVE TO POST YOU id'S


i'LL END WIYH A GOOD OLD HARDY FUCK OFF SHIT FOR BRAIN'S TWIN TWITT'S NEO TIN CUP, AND ANYONE WHO CARES TO JOIN THEM AND GO THAT ROUTE OF POSTING PERSONAL INFO ABOUT ANYONE THATS NOT POSTING IT THEM SELFS IT YOU LACK OF REAL FACTS AND YOUR LUST TO WIN THAT CAUSE YOU TO DO SOMETHING LIKE THAT AND SHOW'S YOUR JUST LIKE IT LOOKS WRONG ABOUT WHAT THEBANKS ARE DOING AND IF THAT WAS'NT THE CASE THEN YOU WOULD'NT HAVE GONE THAT ROUTE TO TRY AND GET SOMEONE TO LEAVE HERE AND WOULD JUST POST ON THE TOPIC AND THE MERRITS OF YOUR ARGUMENTS


FUCK OFF! SNAKES ALL SNAKE

JUST MY PERSONAL THOUGHTS ON THE SUBJECT.

son of a prophet said...

ok.

lets settle this pro and anti stuff once and for all.

how does this work??

how aoubt saying that the neos of the world and the mogels of the world ARE BOTH RIGHT!?!?!

HOW!?

well, see it goes like this....

it is what you belive it to be, just like the HS in giving wisdom...

there is no right and wrong...well, almost.

if neo is on the jury, he votes against the mogel argument of vapor money, etc.

if mogel is the jury, he votes against the banks argument.

so i guess that it really comes down to wht you believe, if it came to a jury trial and you are a juror.

there seems to be, just like a lot of thngs, no right and wrong.

just 2 things:

WHAT YOU BELIEVE and/or, if you are not in a posittion to enforce what you believe, then.....


WHO HAS THE POWER (banks, judges, prosectors, etc.)


i would vote with mogel, but my vote still does get me a cup of coffee without and addtoinal $3.29

neodemes said...

oooh.

Such anger is not healthy. And such vulgarity. Shame on you.

For the record, I didn't post the personal information in question, moogie did. You have a beef? Take it up with Google.

Mogel007

And, yes, I have filed BK in the past. Did I not tell you that, myself?

But, get your facts straight. I own a house. No money down. No conventional bank financing.

Learn how at REI RESOURCE

All you need is love.

TTFN

neodemes said...

Spelling/geammer

roflmao :-) :-) :-)

KYHOOYA

KYHOOYA said...

neodemes said...
oooh.

Such anger is not healthy. And such vulgarity. Shame on you.

For the record, I didn't post the personal information in question, moogie did. You have a beef? Take it up with Google.

Mogel007

And, yes, I have filed BK in the past. Did I not tell you that, myself?

But, get your facts straight. I own a house. No money down. No conventional bank financing.

Learn how at REI RESOURCE

All you need is love.

TTFN

8:25 PM



Hey Neo piss off with your better than thou crap.
Your right about the anger part in your statement about me. the facts are right on the point about what I said if you read it you'll se that I did say that it was you that posted the BK news about yourself.

That being said let me ask you something that you like to ask otherrs all the time.

If you went BK why is it that you think it is o.k to run out on all your debt as you say if you buy with your credit did you not get something so should'nt you pay for it after all it's people like you that have myself and others that do paying high interest because of you skipping out on your debts by filing BK the poor bank's are losing all that moneypoor poor banks

the hole point of my anger is the fact that you and others seem to have to back up your story or defend it when you don't have a good answer to it by pulling in someones personal info and the case may be that he peosted the infi but you felt a need to bring it here like tin cup as some form of putting him down instead of working on the merrit of side of this and when you can't give an answer to a question just leave it at that why all the low blow off topic crap you bring here what is it that it is intended for is it part of the fact's?

I don't think so, it's just LOW SNAKE LIKE DEALINGS that's it nothing more

and you were the one that posted the name of the person that speaks under Mogels title so that is a fact for you also pal.

So as i said and you so very well proved with the spelling hit on me as I new you or tin cup would bit on you show that I'm right about the bullshit you need to some how try and make youre self feel bigger and right. It show's throught so brite indeed your true self and what is needed to at any cost to make what you say into light but not true by any means not true at all.

The facts are clear that the people that want to hold onto the idea that Dorean was out to scam are going to do that at what ever cost tehy won't see the big picture as it is and think by doing it the way there told it will all be .k. but the facts win or lose the money sys. of this country is in for a big change like it or not.

Hey don't look at the fact that the not is altered after the point of signing it (along with the rest of the doc. )
no that would be to much to the edge of truth about the lies that are acted out with regard to this hole trans ation.

maybe tin cup can answer that one as to why it is that the bank take you doc signed for in front of a notory public to wittness and they change itto what they intended to have as in the first place. Why not just do tha from the start so it can be seen up front why take the chance of someone finding out a making a big deal and saying that they (the banks) were stealing,lieing ,and hide facts and shit why's that? anyone

why don't the banks just tell what there going to do in plan everyday wording and discloser with out the tricks to civer it up ??

anyone

I was allways told if acts like a rat & looks like ect. it must be a rat. that is a fact for you to so hey tin cup how come you can't ghive a good answer to any of the questions put to you ??

I say it's because you don't have a good answer to give and then there is allways your best one to say "I'm not answering any ?? from you and I don't have to" go right a head it just show how there os no good answer to it and you like to put other crap out there about people instead od just staying on toipic what a joke you are

laughing lots said...

After reading and following this for sometime now, this has gotten to be the most comical and ridiculous thing i have ever seen. Words can't describe how silly you sound talking about God and judgement day and blah blah blah. It is judgement day and guess what? God is taking care of you right now, putting you behind bars. He will continue to do so, i would say, for at least a few more years. Unfortunately, when the day comes and you do get out there will be more sappy people who actually fall for your scams. It is pathetic that you have nothing to do in jail except print fake checks(what an idiot)and mingle with other scam artists about your next fraudulent venture that allows you to take advantage of the weak minded and ruin their lives. The really sad part is that there are actually people who believe that diarrhea that comes out of your mouth and all of that scripture dribble that is so ridiculous. Why don't you just shut up and face the fact that God will not help you now and he's got you right where you belong. Jail is where he wants you to be, and he isn't finished with you yet. In my opinion, anyone who represents themslves in court has a fool for a lawyer!