Have I ever told you that my readers are the greatest?  They come from all walks of life and have invaluable knowledge across a broad spectrum of topics.

There were a number of individuals who responded back to my previous article by pointing out how Deeds of Trust are recorded with the County Clerk and Recorder’s office.  One reader so eloquently stated:

“The courts have long held, and so do the loan documents, that certified copies of those documents carry the same weight, force and validity as the originals. This would include notarized electronic copies such as one finds in the public records held by the Clerk and Recorder. This was the reason for establishment of the Clerk and Recorder office. Many times the notes are not recorded. However, the deeds of trust are. Further, the deeds of trust adhere and inure to the notes by the language contained therein. Finally, the acknowledgment of the borrower's signature by the Notary Public is legal testimony that the person so identified did, in fact, sign the document. Hence, the loss or destruction of an original document would not nullify the terms of the document. If it were otherwise people who lose their deeds as a result of misplacing them or via theft or destruction would lose ownership of their homes.”

Before I continue, let me state that I am not a real-estate attorney – I only play one on television.

What happens when one goes to a mortgage closing?  Typically, these are done at the office of a Title company.  A Title company serves the purpose of verifying that the seller is legally able to transfer a property to a buyer.  This is accompanied with the purchase of a title insurance policy in the amount of the mortgage loan.  The policy protects the lender from any encumbrances upon the property that are not known at the time of closing.  The buyer pays for the policy, but the policy only protects the lender.  The buyer is free to purchase Owner’s title insurance for an additional cost. 

The buyer will sign the previous owner’s Deed of Trust in order to release that owner from future obligations.  Then the buyer will sign the new Deed of Trust which ties the buyer to the property and any liens.  Finally, the buyer will sign the promissory note.  This note becomes money at the moment of the signature and increases the nation’s money supply by the amount of the loan.

The title company will take care of recording the two Deeds of Trust with the local County Clerk and Recorder.  The buyer is now legally on the hook for the property and the promissory note.  It is very rare for the note to be recorded at the Clerk and Recorder.  After all, the Deed of Trust is explicitly clear with regards to who holds the lien and who owes the money.  As was stated above: “Further, the deeds of trust adhere and inure to the notes by the language contained therein”.

What happens when the original lender reassigns the promissory note to another lender, such as an investment bank?  The investment bank will obtain the original note in exchange for a certain amount of dollars.  This is an exchange between the two lenders of two forms of “claims on future labor”.  Therefore, there is no new money that is created through this transaction.  The language of the mortgage contract gave the original lender the rights to proceed with the sale.

Does the County Clerk and Recorder find out about this new “assignment” of the promissory note?  Usually not, since the Deed of Trust has “attached” itself to the note – no matter who owns the claim on the debt.

If one refinances their mortgage then the whole process repeats itself, except the owner’s name is on both the old and new Deeds of Trust.  Notice that the old Deed of Trust will be released, since the old promissory note will be paid off – fulfilling the claims on that debt.

Are you with me so far?  Good.

Here’s the part that ought to make everyone sit up and take notice.  I’m using my own mortgage situation as the example – along with the records available from my County Clerk and Recorder.

We purchased our home in 1998.  A Deed of Trust was recorded and a promissory note signed.  The lender immediately turned around and sold the note.  Our mortgage payment simply went to a different entity that had the claim to our debt – no big deal.

A few years later we decided to refinance to get a better rate.  The original Deed of Trust was released and a new Deed of Trust took its place, along with a new promissory note to a new lender.  This lender immediately sold the claimed debt to somebody else.  Again it was no big deal.  The promissory note now sat in the hands of a new owner, but it was still the original note – which was money.

This brings us to April of 2003.  We received notice that our loan was being sold to Wells Fargo, and that our payments would now go to them.  No big deal, we thought.  It turned out to be a very big deal in hindsight.

You see, Wells Fargo did not buy our loan.  Instead, our existing loan was destroyed and a new loan fraudulently created without our knowledge, consent, or signatures.  This new loan was piled up with a bunch of other mortgage loans, sliced into tranches, rated by Moody’s, and sold to investors all over the world!

Please understand what just happened.  Our loan could not be securitized with a bunch of other loans while still keeping the original loan document with our signature.  This would have resulted in having two claims on the promise of our future labor instead of just one (the holder of the original note and the multitude of investors owning pieces of the second one).  The existing loan document had to be destroyed – and it was.  Need proof?

I just found out through some searches at my County Clerk and Recorder that Wells Fargo recorded a release on our previous Deed of Trust in April, 2003.  They had to, since they had to destroy our promissory note in order to securitize our newly created “loan” with others. There were two “lenders” on the release.  One was Wells Fargo.  The other was MERS corporation – the company that the bankers set up to fraudulently collect money from us even though our promissory note was destroyed and there is currently no recorded Deed of Trust on our property with the County Clerk and Recorder that I can find.

Some have asked how to search the MERS database.  You can find the search screen here: MERS
Select “Search by Property Address / Borrower Details”. Select “Search by Property Address Only”.  Fill in your address details, but do NOT include a suffix on your street name.  Put a checkmark in the “Expanded Street Search” checkbox.  Click “Search”.  If this doesn’t work for you then you might try some of the other available options.

What does all of this mean?  It means Wells Fargo was assigned by MERS corporation as the servicer of our “loan” back in 2003, and Wells Fargo has been pretending like they have the claim on our debt ever since then – even though our promissory note was destroyed!

My family is Christian.  We know that we took out the debt and that it is owed to somebody.  So shouldn’t we seek to make good on our debt even though our promissory note has been purposely destroyed by those with claims on it?  I believe the answer to be yes.  This raises another dilemma.

Our note was destroyed, a new note was fraudulently created on our behalf that we did not sign, and it was combined with a whole bunch of other loans that people did not sign.  These piles were cut up into “tranches” and securitized into Mortgage-Backed Securities.  The securities were sold to investors all over the world – some individuals and many groups such as pension funds.  Are you beginning to see the problem?

The most information that I could find is which tranche the new loan assigned to us belongs to.  However, there is no information regarding which part of a particular tranche represents the loan.

Let me give an illustrative example.  Pretend that I was able to gather 50,000 investors together into a public venue, where they all have some vested interest in the tranche our “loan” is part of.  I then walk in with our monthly mortgage payment, in an effort to determine those that rightly have claims to our “debt” that we never signed.  How would I accomplish this?  The answer is that there would be no way.  It would be irresponsible to hand a little bit to everybody, since they don’t all hold claims.  At what point does a Christian back away from the fraud?

President Obama has HR 3808 sitting on his desk awaiting signature.  It is the “Interstate Recognition of Notarizations Act of 2009”.  The summary of the bill is as follows:

To require any Federal or State court to recognize any notarization made by a notary public licensed by a State other than the State where the court is located when such notarization occurs in or affects interstate commerce.

This bill could also be called: “Greasing the Skids for More Fraudulent Mortgage Foreclosures Act of 2010”.

How many people currently have homes where clear title cannot be determined?  Is it good enough for a servicer like Wells Fargo to release the Deed of Trust after a fraudulently created loan is paid off?  Shouldn’t the release be coming from those that actually hold claims on the debt?  Who are they?  How do we determine that?  We can’t.  How does one establish clear title in such a situation?  It can only happen through misdirection and lies.
 
Do you see the extent of the problems?  There is a strong rumor that the Federal government is going to issue a 90-day moratorium on foreclosures.  Foreclose documents are being presented to judges that should have people going to jail.  Here is an example of a lady, Linda Green, who works at a document processing company.  She has pretended to be an executive of Wells Fargo, Bank of America, and U.S. Bank – among many others.  Look at the variety of her fraudulent signatures: Linda Green's changing signature


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