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.