BEAT the BANKER Produce The Note

Show me the mortgage papers’ spreading as foreclosure defense

http://www.floridarealtors.org/NewsAndEvents/n4-030209.cfm

WASHINGTON – March 2, 2009 – While the Obama administration battles to keep
people from losing their homes, one Florida lawyer said she has a better answer to the
toxic mortgage epidemic sweeping the country – fight back against the loan servicers
and banks that are improperly pressing the foreclosure actions.

“The loan servicers bringing most of the foreclosure actions in the country don’t own the
mortgages and have no standing to take away a person’s home,” said the lawyer, April
Charney, who has stopped scores of foreclosure actions in Jacksonville, Fla., where she
works as a Legal Aid lawyer.

In essence, Charney has forced scores of plaintiffs in foreclosure actions in
Jacksonville to admit they don’t have legal ownership of the securitized mortgage they
are trying to foreclose upon – stopping the home takeover battle in its tracks.

The strategy has spread virally around the country and now thousands of foreclosure
lawsuits are sitting idly – in legal limbo.

“I have one case from 2004 where the bank has not returned to court and where my
client now has deposited more money into a trust account than the house is worth,”
Charney noted.

Charney has held seminars in Ohio, Oregon, South Carolina and throughout Florida to
educate lawyers on how to implement the courtroom defense.

At least one Brooklyn judge, Arthur M. Schack, is already using the strategy himself in
the courtroom. He told a reporter recently that he denies more foreclosures than he
approves. Last summer, 13 of the 14 foreclosure actions that came before him were
denied.

“I want to see the servicing agent’s power of attorney, I want to see all the paperwork
before I approve it,” he said. “If the paperwork is garbage, I deny it. If you’re going to
take away someone’s home, it should be done properly.”

The legal issue is that banks turn the mortgages into bonds, which are put into trusts,
like collateralized debt obligations, or CDOs. The banks “sell” the CDOs the right to
collect the revenue stream but, according to Charney, not the equity right to the
property.

Charney notes that under the current set-up, the mortgage default hurts everyone –
like a neighbor who could be a state worker whose pension fund money is invested with a
hedge fund that has invested in a mortgage CDO.

“So far I’ve drafted about 1,500 lawyers into my army,” Charney said in a telephone
interview last week. She is scheduled to hold her first New York seminar next month.

“Of course, I’m looking to educate them and have them use the same technique here,”
she said. That should be sweet music to homeowners here who are facing a foreclosure
action.

Charney said Washington has the resources to allow every mortgage holder the right to
modify their mortgage – something that would definitely mute the criticism that the
Obama plan rewards failure by allowing those who obtained mortgages they couldn’t
afford to cut a deal for a lower monthly payment.

“Look, the same problem that banks are having with securitized mortgages is going to
spread to defaults with car loans, credit card accounts and student loans – they are all
securitized and the banks and loan servicers starting legal actions to collect on those
defaulting loans will face the same issue proving ownership,” said Charney.

As for Obama’s $275 million mortgage plan, Charney said she has a better idea: “The U.
S. government has to take over every one of these securitized loans and open up the
mortgage modification plan to every American. That’s the only way we are going to get
past this horrible thing,” said Charney, who has become, alongside a handful of other
consumer advocate legal eagles, quite a cult personality for her pioneering courtroom
foreclosure defense strategy.

"If the American people
Ever allow private banks
To control the issue of their currency,
first by inflation,
Then by deflation,
The banks and corporations
That will grow up around them
Will deprive the people of all property
Until their children wake up homeless
On the continent their fathers conquered.
The issuing power should
be taken from the banks
And restored to the people,
To whom it properly belongs."
Thomas Jefferson,
Letter to Treasury
Secretary Albert Gallatin (1802)

WASHINGTON – March 2, 2009 – While the Obama administration battles to keep
people from losing their homes, one Florida lawyer said she has a better answer to
the toxic mortgage epidemic sweeping the country – fight back against the loan
servicers and banks that are improperly pressing the foreclosure actions.

“The loan servicers bringing most of the foreclosure actions in the country don’t own
the mortgages and have no standing to take away a person’s home,” said the lawyer,
April Charney, who has stopped scores of foreclosure actions in Jacksonville, Fla.,
where she works as a Legal Aid lawyer.

In essence, Charney has forced scores of plaintiffs in foreclosure actions in
Jacksonville to admit they don’t have legal ownership of the securitized mortgage they
are trying to foreclose upon – stopping the home takeover battle in its tracks.

The strategy has spread virally around the country and now thousands of foreclosure
lawsuits are sitting idly – in legal limbo.

“I have one case from 2004 where the bank has not returned to court and where my
client now has deposited more money into a trust account than the house is worth,”
Charney noted.

Charney has held seminars in Ohio, Oregon, South Carolina and throughout Florida to
educate lawyers on how to implement the courtroom defense.

At least one Brooklyn judge, Arthur M. Schack, is already using the strategy himself
in the courtroom. He told a reporter recently that he denies more foreclosures than
he approves. Last summer, 13 of the 14 foreclosure actions that came before him
were denied.

“I want to see the servicing agent’s power of attorney, I want to see all the
paperwork before I approve it,” he said. “If the paperwork is garbage, I deny it. If
you’re going to take away someone’s home, it should be done properly.”

The legal issue is that banks turn the mortgages into bonds, which are put into
trusts, like collateralized debt obligations, or CDOs. The banks “sell” the CDOs the
right to collect the revenue stream but, according to Charney, not the equity right to
the property.

Charney notes that under the current set-up, the mortgage default hurts everyone –
like a neighbor who could be a state worker whose pension fund money is invested with
a hedge fund that has invested in a mortgage CDO.

“So far I’ve drafted about 1,500 lawyers into my army,” Charney said in a telephone
interview last week. She is scheduled to hold her first New York seminar next month.

“Of course, I’m looking to educate them and have them use the same technique here,”
she said. That should be sweet music to homeowners here who are facing a
foreclosure action.

Charney said Washington has the resources to allow every mortgage holder the right
to modify their mortgage – something that would definitely mute the criticism that the
Obama plan rewards failure by allowing those who obtained mortgages they couldn’t
afford to cut a deal for a lower monthly payment.

“Look, the same problem that banks are having with securitized mortgages is going to
spread to defaults with car loans, credit card accounts and student loans – they are
all securitized and the banks and loan servicers starting legal actions to collect on
those defaulting loans will face the same issue proving ownership,” said Charney.

As for Obama’s $275 million mortgage plan, Charney said she has a better idea: “The
U.S. government has to take over every one of these securitized loans and open up
the mortgage modification plan to every American. That’s the only way we are going
to get past this horrible thing,” said Charney, who has become, alongside a handful of
other consumer advocate legal eagles, quite a cult personality for her pioneering
courtroom foreclosure defense strategy.

Rep: Foreclosed owners should squat in their own homes:
David Edwards and Stephen C. Webster
Published: Friday January 30, 2009

If you're poor and the bank is coming for your home,
Congresswoman Marcy Kaptur has a plan for you.

Just squat, she says.

Yes, this Ohio Democrat is actually encouraging her financially distressed constituents
whose homes have been foreclosed upon, to simply stay put.

In a Friday report,
CNN's Drew Griffin explored the case of Ohioan Andrea Geiss, whose home was
foreclosed upon in April.

"Behind in payments, out of work, a husband sick, she had nowhere to go," said
Griffin. "So, she decided to follow the advice of her Congresswoman and go nowhere."

In Lucas County, Ohio,
over 4,000 properties were foreclosed upon in 2008, reports CNN.

"So I say to the American people, you be squatters in your own homes," said
Congresswoman Kaptur before the House of Representatives. "Don't you leave."

She's called on all of her foreclosed-upon constituents to stay in their homes and
refuse to leave without "an attorney and a fight," said CNN.

"If they've had no legal representation of a high quality,
I tell them stay in their homes," Kaptur told Griffin.

Kaptur is a high-profile advocate of an increasingly popular mode of fighting
foreclosures best known for it's key phrase: "Produce the note."

By telling a bank to "produce the note," a homeowner can delay foreclosure by forcing
the lender to prove the suing institution is actually the same which owns the debt.

"During the lending boom, most mortgages were flipped and sold to another lender or
servicer or sliced up and sold to investors as securitized packages on Wall Street,"
explains the Consumer Warning Network. "In the rush to turn these over as fast as
possible to make the most money, many of the new lenders did not get the proper
paperwork to show they own the note and mortgage. This is the key to the produce
the note strategy."

And Friday's segment on this growing foreclosure fighting "movement" was not the
network's first. Earlier in January, CNN explored one person's strategy in demanding
her bank "produce the note," only to find that the lender had "lost or destroyed" the
evidence of debt ownership. Such a revelation can significantly strengthen a
homeowner's position when asking to renegotiate a mortgage.

That these banks, many of which received billions of dollars in government bailout
funds, continue to boot defaulted owners from their homes, makes them "vultures"
says Kaptur.

"They prey on our property assets," she said. "I guess the reason I'm so adamant on
this is because I know property law and its power to protect the individual
homeowner. And I believe that 99.9 percent of our people have not had good legal
representation in this."
VIDEO >>>

Please Pass this Along to EVERYONE you know ...
that needs help or is facing foreclosure !!!

This is OUR time ... & We The People Must A.C.T.

EveryOne, Here's a Little present from the Guru, "IT" just may turn out to be a FREE House...So Pay
ATTENTION, & follow the steps & or use the speech to help & most IMPORTANT ... Watch the Video's, &
Don't Wait ...

UPDATE: I S.A.V.E.D. my Friends HOUSE from 4Closure & Here's HOW:

This is what I did & What you can do also, I prepared a short,respectfull to the point speech that pertained
to the fact of this case... This speech could be used by anyone,just insert your " Shitsuation " in the spots
needed. The main Key in ALL Case's
IS: Proper service & The Note ...
some Other Key's are:
1... Dress like your in CHARGE ...
2... Show UP... Don't be a LOSSER cause your scared to go... NOT going says YOU don't care & what ever the
lender says about me is TRUE...
"IF" this happens YOUR S.O.L.
3... Always Thank the Judge & the Courts for everything you do before & After ...
4... Wait YOUR T.U.R.N.
don't being pushy, Your there & NOW you want to portre' that YOUR Calm,Cool,Collective ... Thats Says
YOUR in the Right ...
NEVER get caught up in Explainations that run more than 10 secs. "IF" you don't "IT" L@@Ks more like an
Excuse than the TRUTH...

Well thats Winning a Court Case ETHICs 101

Do This & your on your way to V.I.C.T.O.R.Y.

For the Links to the HOW 2 forms 4 "PRODUCE THE NOTE " Foreclosure Defense go 2 my Other Post OFF
TOPIC:But could S.A.V.E. your Home from 4Closure ....

GOOD Luck, This is the Time the LORD was talking about, when the Meek & the Weak Inheit the E.A.R.T.H.

I'm Ace Banger, The Guru & I'm HERE 4 YOU !!!

Good after noon, your Honor ...
I am the defentant in this case
I would like to ask you & the courts for a few mins. of time.

( wait for the answer )
( say thank you , your HONOR ) &

Continue I know time is most Important, so I'll be quick as I can.
I've been in Negotiations with the Lender &
Just last week they said with the new bail out programs
We should be able to find a way for you to Save your home
This last Monday 12/08/08 was the 1st. time I was notified about this case
& if NOT for
Ace Banger the tenent at the residence,who called me the moment it came.
I would NOT be standing here Today
Instead I would be under the assumption that my lender was still working with me
NOT preparing to Blind Side me with a foreclosure Case.
With less than 5 days to get advice or retain Council
I would at this Time, Like to ask the Court For a Continuance
That would allow me to meet with & or Retain Council.
As I do NOT wish, NOR have I signed off on the Fact, of Keeping My home.
I believe that there has been misleading information &
Shady practices' at best by the Plaintiff & Their Clients
In these hard times, I would only like the Opportunity
To rightfully defend myself & Make Sure that The Plaintiff
Can " PRODUCE THE NOTE " of the Property & moneys They say are OWED.

Thanks again your HONOR,for your Time & Consideration in this Matter ... The council for the plaintiff was on
speaker phone & the Judge just took over & ask them for the Original Note & they said " IT " should be
there we sent everything & I know we had "IT" ...lol& then when I mentioned that the 1st. we heard of this
case was 4 days ago, He started looking at the Serves & told the plaintiff that in his opinion the plaintiffs
server Looks to have committed purjury... & I will NOT sign this forecolsure, inFACT, It will be in a
continuance til' You guys can " PRODUCE THE NOTE " It was A.W.E.S.O.M.E. & Now we will go forward with
the actual filing of the produce the Note papers & in 30 days "IF" They ( the lender ) can NOT produce the
Note, we can move for Dissmissal ...

Here's the Linls for the Video's & free printable paper work & Instuctions to SAVE your HOME...

I stumbled upon this Helping a friend & IT l@@ks like just as the BIBLE says, The weak & Meek Shall Inheit
the E.A.R.T.H.

Look 4 the " Produce the NOTE " story's & Save your home & family

Pass these Links on to anyone you care about or use them for yourself ...
You just may end up w/ your home 4 FREE...
IT's PayBack 2 The MAN ! ! !

Pay "IT" 4Ward 2 Yourself ...lol
The REAL B.A.I.L.O.U.T. Plan 4 amer*I*can's ....

Take your Country back...

I'm Ace banger, The Guru, from Shount.com

http://www.dgcmagazine.com/blog/?p=314

http://www.consumerwarningnetwork.com/2008/06/19/produce-the-note-h...

http://uk.youtube.com/watch?v=YUZdANb6UaY

http://www.homesteadpropertyexemption.info/index.php?action=vthread...

http://www.oldamericancentury.org/bb/index.php?s=3a4d6ff9b013eba6d2...

http://homeequitytheft-cases-articles.blogspot.com/2008/06/step-by-...

"If the American people ever allow private banks to control the issue of their currency, first by inflation,
then by deflation, the banks and corporations that will grow up around them will deprive the people of all
property until their children wake up homeless on the continent their fathers conquered. The issuing power
should be taken from the banks and restored to the people, to whom it properly belongs."
– Thomas Jefferson, Letter to Treasury Secretary Albert Gallatin (1802)

http://forums.canadiancontent.net/consumer-awareness/74987-where-s-...

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