Submitted by M. R. Hamilton on
Lately I have been inspecting houses for insurance claims that have been foreclosed on and it is very saddening.
These are not just houses, they were someone's home. People were raising their families there. One house I saw recently had one of the bedrooms painted and decorated with the Cars movie theme including a bed modeled after the Lightning McQueen character. There were also many toys left in the room.
In all of the homes I have inspected like this one, it seems the children are who suffer the most. They all have parents that buy lots of toys, games and clothes and when they have to quickly move out of the house due to a foreclosure, most of the belongings that are left behind are the children's belongings.
Everybody goes through hard times and I am not writing this to chastise the parents of these children. What I would like to do is let everyone who is facing a foreclosure or knows someone who is facing foreclosure know the whole banking system is fraudulent. In the vast majority of cases, the bank that is suing borrowers for foreclosure are not the banks who have the legal right to do so. They no longer hold the original promissory note as required by law.
A common tactic is for the bank to simply claim to the judge that it presented a “copy” of the original note to the borrower and the judge will accept that as fact and proceed against the borrower. This is extremely illegal. In most cases the bank is not the holder in due course, which means the bank is not the entity that holds the debt.
In almost every case the original note was destroyed after the note was digitized so that the bank could make it a marketable security. In other words, they found a way to make even more money on your debt. What they do not tell you is once a promissory note is destroyed, the debt is discharged. That is what neither the judge, the bank or your attorney will tell you.
When I stopped paying my credit cards several years ago after the banks got their money through the government bailout, I was sued by Discover Bank. My first reaction was to hire an attorney. The first words out of his mouth after I told him why I wanted to hire him was, “You know you are eventually going to have to pay this, right?”
Not only was he wrong, I had to lead him by the nose in my defense until I fired him and filed a counterclaim challenging jurisdiction of the court wherein my case was brought. My counterclaim was filed in a court of record. I later discharged my case in the inferior court when the other parties defaulted on responding to my challenge.
So if you are facing a foreclosure anyway, you have nothing to lose but your house. Don't let you or your children go through this. Stay in your house. Don't give it to a bank that doesn't even own the debt. If you are willing to follow instructions and stand in a court of record as yourself, let me know. I will help. Do not let a bank who has no right to your house take the place you have been working so hard to keep for your family. Don't let them force you out leaving your children's belongings because you don't have room for it where you are rushed to move to. In the end, you may even get quiet title to your house and never have to make another payment again. After all, if the original note was destroyed, there is no debt to be paid. The property no longer serves as collateral to a debt.
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Mr. Hamilton,
I would like to understand how to save my house to foreclosure. Please let me know what information you need in order to start this process.
Thank you,
Kenny Moore
kmoore
To start, you need to request a copy of the promissory note, front and back from the bank,. You will need any documentary information about the transfer of your mortgage to an investor like Fannie Mae or Freddie Mac. Once you note is sold to an investor, you no linger owe the debt. It has been satisfied.
You will have to file a counterclaim if foreclosure proceedings have commenced. You are challenging the jurisdiction of the inferior court wherein the bank filed its foreclosure. You will need to present all of your evidence up front when you file your claim. Evidence like the promissory note. The bank that services your loan does not have any authority to foreclose, because it is not the holder in due course. Only the holder in due course may foreclose.
The member forum has an excellent example of countering a foreclosure in both district and federal court. We now go straight into federal court to save some time. You can usually find out when the note was satisfied by checking the date it transferred to one of the above investors. That is the date the bank got paid and if they collected a single payment from your after that date, the bank has committed fraud.
M. R. Hamilton
Does Driskell's Counter-Claim apply to property tax? I'd like to see a few of these for a fuller comprehension. Then I should learn how to file at the Federal level. That includes "in-forma pauperis". Thanks.
Justice Hamilton, Thank you so much for all of the time and work you have put into figuring this mess out.
Is there a process that you are aware of that will help in the situation where renters have been paying their rent, only late due to being unemployed and the property managers have now filed for eviction. Can anything be done?
My best regards.
Renters are only in the property due a contract with the property owner. So you are limited by that contract. If you contract stated you have to pat rent by a certain day, then you are obligated to do so. Your contract is your only defense in a case like that, so long as you did not breach it.
M. R. Hamilton
Renters are only in the property due a contract with the property owner. So you are limited by that contract. If you contract stated you have to pat rent by a certain day, then you are obligated to do so. Your contract is your only defense in a case like that, so long as you did not breach it.
M. R. Hamilton
sorry i posted in the wrong place earlier
Judge Michael R. Hamilton,
I am in a desperate situation, the bank sold my property to an individual sometime in september, i had papers posted on my door for an unlawful detainer, by the new buyer. i just had an alleged trial on Thursday the Dec 22nd, the only witness was the buyer with her attorney, they claimed they bought the property properly, and of course i lost in there alleged court room, they are currently getting the writ to kick me out. Can you please tell me if you can help me file a counter claim before its too late?
By the way my loan started with Summit lending (out of business) then to Aurora loan services then to Nationstar then Quality loan services / Duetche bank, then sold at Action to a person name Vannessa .
Thank you
David
I have been working in "foreclosure defense" as a litigation consultant for California cases since 2007. I do forensic examinations of the chain of title for the cases I draft the paperwork for, strictly "working for" attorneys given the nature of the jurisdictional problems we face in every instance.
The "notes" or "promissory notes" (as "evidence of the debt") are generally fabricated as are all the "security instruments" (mortgages or deeds of trust depending on if you're in a "judicial" or "non-judicial" foreclosure state, as "evidence of the security"); as are all the evidences of "assignment" or "transfer" of the "debt" or "security" typically since around the early '90s have been to further fabricated REMIC trusts which so far, I have only found one actually in existence in spite of SEC documents filed and listed. It is all smoke and mirrors which unfortunately, the "government" along with a number of GSEs (FDIC, IRS, Fannie and Freddie, Secret Service, among others...see Mortgage Electronic Registration Systems, Inc. or "MERS" and do a search for MERS Members) and the "courts" being co-conspirators and complicit in denying due process of law in depriving us of our property. They ignore the Constitution and any other applicable authority continually ruling in these kangaroo courts for the banksters (existing or not) and their lying "lawyers". The biggest theft in history is still underway, unabated and we are losing the war to these criminals on every front so far.
Any attempts to fight "the system" generally fails and leaves former home owners not only without their properties but with exorbitant legal fees. Appearing in pro per is almost impossible anymore due to the complexity of these so-called "courts" where you have "the rule of the minute club" where clerks of court make up rules as they go along, fail to comply with rules they have and the stupid "judges" simply ruling against you no matter how cogent any argument you present is, or evidence you produce which is summarily ignored and they consistently rule against you procedurally without a trial ever having been had. So far, I only know of one case before a jury in California and I know of no case in the entire Country where a judge has enforced discovery on any of these bankster criminals.
It is frustrating, costly on all levels and another process for dealing with these crimes needs to be put in practice which I hope is in the offing soon.
I have limited time to do anything else right now but need to find another way to fight these guys because the "legal system" does not work being corrupt along with the other two branches of "government" to their very core.
I'm hoping for some ideas out of this and other similar websites like Anna Von Reitz' so we can take our Country back, what's left of it.
It should be noted that I am not an attorney and nothing I say is to be taken as legal advice. Seek legal counsel in your own area competent to provide such in this specific area of the "law." (And good luck with that...but I digress...)
People can take what I say as lawful advise, and no I am not an attorney.
The biggest problem you have had is you have been consenting to their admiralty courts. The first thing we do is suspend the judge so he cannot make any decisions. We have stopped numerous evictions even after the so called "sale". The biggest issue the banks have, no matter that they fabricate promissory notes, is they never tendered anything in consideration for the original promissory note. As such there is no debt. But read everything on this site. Starting with people of sound mind should never hire an attorney.
M. R. Hamilton
Good morning Mr Hamilton,
I am desperately looking for help to stop my eviction, I just lost in the eviction court and I am about to be kicked out with my wife and 4 kids, I have tried everything, and I have now no other choice but to get out. I wanted to know if you can guide me in the process, and procedures and information i need in order to start your process, please contact me asap.
( also yes I am paying the fee to join your forum)
Thank you so much
David
theoakman
I think we have already spoke about this and you now have access to the member forum. /get that original action written so I can edit it.
M. R. Hamilton
Marshall Hamilton, I have a case where we were defendants vs our notary's bonding company, then our trustee did an intervention and we did a counter claim, right before I learned about Courts of Record. Then, we filed a quiet title 3rd party complaint(mentioning that we are a people and that this is a court of record) vs the "lender," servicer, and MERS. MERS, who, unlike the other 2, hadn't even officially served yet(they have no resident agent in my state, nor license to do business), already answered with a MTD and a Motion to Strike the 3rd party complaint. Do you give any credence to the claim that complaints and answers must be verified(naturally, no lender officials signed any of the above, just electronic signatures by lawyers)? It is my understanding from one of Bob Thornton's videos that a sovereigns' claim cannot be dismissed, not to mention lawyers can't testify, although this judge has been allowing that all along in this trial, which is approaching 2 years. Finally, I see that, in general, one should challenge jurisdiction and remove things to federal court, but, one, we're the plaintiffs in the Quiet Title portion of the case, and, two, Quiet Title belongs in state court, not in federal. MERS and Wells Fargo filed 223 pages in their MTD, dragging in all kinds of stuff from a federal case we have in front of the 9th Circuit involving rescission(which DOES belong in fed court, and which we carefully avoided mentioning in the state case). Your thoughts would be greatly appreciated.
Any thoughts on what I posted?
I dont belive he is a marshal.
I file a Case of Action for Trespass at the De Jure United States District Court of California on March 16,2017"Court of Record", by March 20,2017 the investor who purchased my property file a UD at the Superior court, I file a removal at Superior court it was rejected asking that it has to be approved by the court so I re-file the removal at "court of Record" a copy of that the removal stamped by the "CofR" Just added a coversheet "Declaration Notice of Removal and case #" And re-file at the Superior Court, they stamped and a copy mail it to the investor. Today I received a message that I have to attend tomorrow to an Exparte at the superior court?
Should I ignore it or file something?
Please advise it,
Thank you
Amerika
Sir,
Im searching for help with a foreclosure situation on my primary residence. If this information is listed in a paid membership area please provide me a direct link to pay, I've searched the site but I was unable to locate your paid access portal.
Respectfully submitted,
USMC1033
Instructions for member dues are available here. https://afreecountry.com/?q=dues But those who are active duty military, continental marshal, grand jurors or superior court justices are considered contributing members and get free access to the member forum. Foreclosure is actually kind of easy now.
M. R. Hamilton
Hi M.R. Hamilton,
I sent you a message a week or so ago with my tracking info for the Silver Eagle Dollar payment. I'm not sure where else to send it or how to even know if my account status has been upgraded. I apologize if this is a wrong place to post but I'm not sure where else to go. I have a foreclosure I'm currently trying to fight and I'm in the process of getting my Non US Citizen Passport as instructed by you on your site. I have almost everything filled out for that. What else do I need to do to finish becoming a paid member? Here is my tracking info. It shows delived by UPS on 6/30/17. Tracking #: 1Z89F353A690900731 - Your help is greatly appreciated and I hope to become a contributing member to this forum as well as I begin to apply what I learn here.
You now have access to the member forum. Sorry I have been slow on this. Working on an extremely important case that will help all of you. Can't say what is about to happen, but will update once it does happen.
M. R. Hamilton
Thank you so much!! Can't wait to hear. Just had summary judgment on my house so trying to figure out what to do next.