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'HELLO CENTRAL!' FIGHTING FORECLOSURE! (Updated Oct. 6, 2010)
Patrick H. Bellringer
----- Original Message -----
From: KA
Sent: Tuesday, October 05, 2010 6:19 PM
Subject: Re: Siterun Contact Request from Fourwinds10
Thank you for your response. I am fighting a foreclosure without an attorney, I cannot afford one. I am outnumbered but I have a defense and a counterclaim and it has nothing to do with faulty paperwork and everything to do with the federal reserve and banks. If you can help, I would appreciate it.
Thanks,
KA
(Response)
FROM: Patrick H. Bellringer
TO: KA
DATE: Oct. 6, 2010
SUBJECT: Reply
Dear KA:
This is not my field of expertise. I know that many foreclosures have been stopped because the bank/lender could not show clear ownership of the mortgage. You may be taking the harder route.
In Love and Light,
Patrick H. Bellringer
NOTE: Can any of our Fourwinds readers offer assistance or advice to KA?
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#1 Reply
----- Original Message -----
From: JB
Sent: Wednesday, October 06, 2010 6:53 PM
Subject: Foreclosure documents
Patrick,
Someone recently asked you for help on his foreclosure. Here is a set of documents and letters that should stop any foreclosure. When a 4closing bank sees that someone has this information, they will be very reluctant to move forward. The info attached (FBI docs) will give a person the foundational materials needed to do a Negative Averment presentment to their lender. Everyone with a loan must understand the following:
All existing mortgage loans are simply contracts. All existing loans (contracts) can be changed (made null and void) by making a new contract offer with the lender by a Negative Averment (NA) offer ( a legal process). The party being 4closed upon writes a demand letter asking the present lender to prove it has standing to 4close, along with some other questions about the loan (from attached docs). In law, this demand for answers is in essence an OFFER to the lender to contract (or re-contract the existing loan). Because a loan is a negotiable instrument it falls under the truth in lending laws and the lender has only 72 hours to reply. The lender will never reply, which puts the lender in default and in dishonor. Whoever in law is in dishonor, loses the legal battle, or whoever leaves the battlefield first, loses the battle. This is a Maxium of law. Another demand is sent for answers to the senders questions with no reply and then you send the lender a Notice of Default.
Two more notices of default are sent to the lender and of course they will not reply. You send everything through a notary so the bank can't say they didn't receive your demand and notices of default. This is the NA process - takes about 5-6 weeks to establish this paper trail of the lenders default and agreement to your new terms and conditions and totally changes the contract on the existing loan. You have made a new contract with your lender on your loan. They can not remain silent (not answer your demand notice) and expect their old loan to remain in place. The law (even their laws) does not permit that to happen.
The Supreme Court has ruled that "Silence is Aquiesence" - meaning, that if the President/CEO do not respond to you, they have agreed to your new contract - which is in essence - Dear Mr. Lender: prove up your loan gentlemen or your loan is fraudulent and I demand treble damages. Their silence says they agree to treble damages and their fraud.
Within your demand for answers (never answered) you also tell the lender (naming the President and CEO of the Bank/lender) that if he does not answer your demand questions, you will consider their loan null and void with no further obligation to make any further payments, and, you want treble damages (3 x your original loan plus the orig. loan amount) for their fraud, paid to you in two weeks. When they default, file a UCC-1 notice of lien on everything they own and start collection actions. Notice that this NA process has nothing to do with your present loan or whether you stopped making payments. But it has everything to do with YOUR NEW contract with your lender - a contract they agreed to by their SILENCE!!!
When you have this new contract established (because of their silence/default) you can now file a commercial lien against the Pres. and CEO of the company 4closing on you in the amount of treble damages. When they learn about this lien against them for treble damages, that they can not remove, and their credit is impaired, then they will be more than willing to reconvey your mortgage and you should end up with a home free and clear. This process has worked and you never need to go to court.
To understand where the fraud began, first read the article (attached) "Where did the Fraud Begin". The banks and mortgage companies all know they committed a fraud against you, but they never thought this fraud would be revealed to the people. This is why they will not and can not answer your Negative Averment demands, which is great news because their silence is tacit approval and agreement to YOUR new contract terms and conditions.
J. B.
(Note: Click on the link above. It will take you to a ZIP file. Double click on the ZIP file. Within the ZIP file are thirteen PDF documents. Double click on any one of them to open and read.)
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#2 (Reply)
----- Original Message -----
From: BM
Sent: Wednesday, October 06, 2010 7:08 PM
Subject: Foreclosure Help
Dear Patrick & K.A.,
I'm in the same position of fighting off a foreclosure as a pro se (on your own behalf), and have been doing so for over a year. So much has to do with what state you're in (judicial/non-judicial), and what court you're in (state/federal). Having been through a variety of filings, in a variety of courts, I can tell you that basically you'll be heard better in a Federal Civil case than you will in any State Civil court.
Since you didn't give much detail, I'd tend to agree with Patrick that you may be fighting an issue that has less chance of being heard, than one that is currently (finally) being considered by more & more judicial venues across the country. (Remember, no matter how valid your argument is, if they won't listen to it, you're basically dead in the water.)
I'd suggest you check out several websites that I've found to be helpful. Maybe you will find what you need there, or perhaps they can find some help for you pertaining to your particular approach.
http://foreclosuredefensenationwide.com/
http://www.chinkinthearmor.net/
Good Luck K.A.!!!