It seems like they both had 10 minutes, and Mr Sanchez spent 1 minute setting up his exhibits, and 2 minutes reserved for rebuttal 0:08 Sanchez starts speaking 5:20 Sanchez receives 1 minute warning 7:00 Sanchez stops speaking 7:18 Duthiers starts 11:38 Duthiers stops 11:40 Sanchez receives 2 minutes 11:42 Sanchez starts speaking 13:46 Sanchez is informed he has used his time
next time, before you even except the hearing, ask the court for oath and proof of jurisdiction. The bank has to plead case to a supreme court.1871 act of congress.
That actually has never worked and never will. You might feel that it should work, but that doesn't mean it actually does. A law that cannot be enforced is no law.
The rules of court extremely limited time constraints - is outrageous hurdle for the innocent. The courts are telling precariats, we don't have time for your justice. If more citizens took the time to witness our judicial system in action, they would demand for complete overhaul starting with inept and malicious judges. "From the nation's beginnings, the law was to be the great equalizer in American life, the guarantor of a common set of rules for all. But over the past four decades, the principle of equality before the law has been effectively abolished. Instead, a two-tiered system of justice ensures that the country's political and financial class is virtually immune from prosecution, licensed to act without restraint, while the politically powerless are imprisoned with greater ease and in greater numbers than in any other country in the world." - Bill Moyers
In my State MERS can no longer appear when registering with the county clerk. This is how the banks were sued for the mortgage fraud. Inability to produce the notes.
A collateral attack is always proper for fraud, irregularity, or misrepresentation, just as an order is VOID when a court has no jurisdiction. and a court has no jurisdiction when a party has no Standing or Capacity. Capacity = to be without legal disability.. when they conduct fraud they have a legal disability. But she argued the time bar and he failed to address that issue sufficiently and I would bet the judges saw it that way. So he needs to file a new complaint with his new and substantial evidence or file charges against the perpetrators of the fraud, the robosigners etc and with that case on the merits of that which can be proved first and then use that ruling or two to go back and show that there was in deed fraud and fraud upon the court which the court relied upon for its judgment and thus it was VOID not just voidable. The alleged assignment is VOID and thus if they rely upon the assignment then they had no standing to begin with and the court had no subject matter jurisdiction as a result. He also missed the fact that there is no provision in law to convert a conditional note into an unconditional note and their is no provision for an assignment only a transfer and thus they breached the alleged note, and there is no provision in law for a note left blank.. It is not signed in blank!! it is left blank, read "signed in blank" in UCC 3.... it is left blank .. would blank please take the stand... can't no more than blank can make an order to the bank "pay to the order of:" thus it is void or he should request to see the one that they present and fill in his name.. finders keepers losers weepers. since they want to treat it as a "negotiable instrument.. now they have to show that they are entitled to payment not under that note and now the Deed of Trust has no "debt evidenced by the Note" to secure.! so it is dissolved and unenforceable too. By se ya later lying alligator. Drop me a line and lets do it right... you help me and I help you... truthmonger6 at gmail.com
Maybe it is left blank for his benefit. He was the only creator of funds and as such has primary beneficial interest. (Without his own established trust setup he may not individually create money order). So maybe he should endorse the instrument for recoupment and set-off as he is the only party in a position to discharge it. Possession if 9 tenths of the law (international trust law that is) and he can record his his equitable interest on the unregistered land register.
Because Appeals Courts don't rule on the spot. They draft written opinions that typically take 3 months or so to file. In this case, they affirmed the lower court opinion. (Sanchez lost). law.justia.com/cases/florida/third-district-court-of-appeal/2012/3d12-0259.html
who the fk are these judges to tell a person how much time they get to fight a case? They work for us, not the other way around. This is absolutely ridiculous.
When a foreclosure is conducted by the trustee, it is the appearance of a sale, so to trick the actual owner into believing the trustee had the right under the deed of trust to do so. Loans during 2000 to 2008 when assigned were not done properly (read your docs carefully), the Attorney in Fact were supposed to reconvey assignment to the new lender but did not properly phrase the legal writing. The deed of trust is an securities instrument that is referenced to your property. Your property was not used as collateral for a loan in a deed of trust because no loan exists. Your property has a junior lien attached to it not a Senior lien as in Real Property transactions. Your property is owned by the TRUST which was set up several 100 plus years ago and you will never know who actually owns it. The deed of trust you signed made you the renter, they had to deceive you otherwise you would not agree to pay their obligations as a true owner, ie: property taxes, insurance, repairs, etc. The Servicer acts as landlord and does not have any authority to lawfully assign the deed of trust and does not have any authority to foreclose. Servicers have NO business records for you to prove they purchased the loan. You believe that you could take the equity out of your home and when you were given a refinance, the little amount you got was in no way in comparison to what the Trust benefited from the investment to which were ridiculous amounts of monies. YOUR signature, your payments made them millions, billions and you received a tiny fraction. If you are o.k. with it so be it but People should be super pissed at the misrepresentation and Omissions acts which resulted in unjust enrichment for the TRUST. After the Trustee's private foreclosure sale and not a public one involving a Senior lien, the trustee falsely reports to the County Recorder's Office that a sale was effected. The trustee instructs the County Clerk to not file a conveyence in the public record section but in misc and the pretend sale of the property is tax exempt as well. Fannie Mae reports that you abandoned the property when you were forced, terrorized to vacate the premises, then files the pretend sale transaction as a 1099 reporting to IRS that as a result of the sale, you had earned income. When you ask for business records showing proper assignment of the so called loan, none can be produced. Ask proof of the foreclosure sale and none can be produced. The Trustee who is a lawyer says that he/she is exempt from revealing documents under client privilege. No proper accounting records available, no one to properly validate the business records and you will find out that the new owner is affiliated with a holdings company. Guess who is the appointed trustee of the Trust?
It takes a lot of guts to fight back and kudos to you bro! These lowlifes steal for a living and when we stand up to them, they are simply cowards, especially when they need a gang of thieves to help them hide, forge, delay Justice! Keep me posted as to your case, I'll do what I can to help you.
what state are you in to say they are cowards? They are brazen thieves in California and the judges are complete ____________ (you can imagine what I want to say) This is criminal what is happening in our country and those disgusting lawyers helping them rape and pillage the citizens of this country is beyond wicked.
Trich Me Not How does it work in landlord/tenant cases..since it's not bank related?..yet, they still bring your "corporate fiction" to court? Curious about that.
Documentary stamp tax is an excise tax imposed on certain documents executed, delivered, or recorded in Florida. The most common examples are: Documents that transfer an interest in Florida real property, such as deeds; and Mortgages and written obligations to pay money, such as promissory notes. Tax is paid to the Clerk of Court when the document is recorded. When a taxable document is not recorded, the tax must be paid directly to the Florida Department of Revenue. Reference: Chapter 201, Florida Statutes
Wells Fargo foreclosed on my family's home without having the mortgage, the note, or even the date the mortgage was assigned to Wells Fargo. And according to a document I received after I was forced to short sell my home to avoid the foreclosure (just after my husband unexpectedly died at the age of 46 and at the bottom of the housing market in 2011), it was because my mortgage never was assigned to Wells Fargo. The company I had refinanced with a decade prior still had my valid mortgage. All the lawyers I talked to refused to help me, because "all the judges are bought out by the banks," according to those lawyers. Wells Fargo is a criminal organization who essentially stole $250,000 in home equity from a recently widowed woman with young children.
good news! My Advocate has Judgement Day covered. Mark 12:40 Holman Christian Standard Bible Jesus Denounces the Scribes 38 As he taught, he said, “Beware of the scribes! They like to walk around in long robes, to be greeted in the marketplaces, 39 and to have the best seats in the synagogues and the places of honor at banquets. 40 They devour widows’ houses and say long prayers to cover it up. They will receive greater condemnation!”
I wish I was the Queen of Romania then I could afford a lawyer. however on Tuesday I will attend Court by phone at a mortgage default hearing on my wooden 1947 bungalow. my position is the plaintiffs don't have standing. up until Friday their only proof was an affidavit from December 2018 with an exhibit reporting to be the mortgage with no signatures from Toronto. as a response to my motion for summary dismissal, they registered a new affidavit purported to be with signatures from an office in Vancouver @@ however there's no sign of any promissory note. or that they have standing to start a lawsuit. so this 76 year old bedridden Widow will defend her Castle on Tuesday! :-)
So how does one go about the research to find an original note vs. what is on file. From the time I built my house and got permanent financing, I have refinanced it several times in the past 20 years.
As with Nation wide selling out to Bank of America in all this BS Nation wide though several other lenders bought and sold Loans and then sold them again to Bank America Government loan services and several others and had no idea who had the original Note and or tile and home owners are still in court trying to get a title to their homes.
Unfortunately, the defense attorney is relatively on point with her argument of the pertinent issue before the appellate court. Specifically, whether or not the lower court abused its discretion in its ruling denying or upholding the motion. Even after appellee's argument of the issue before the court, Matthew continue to argues the merits and substance of the cause of action. Nowhere does he present argument as to how and why the lower court abused its discretion regarding the motion to vacate. Only after the the abuse of discretion issue is disposed of in his favor is it proper for the actual merits of his motion to vacate to be heard.
So he lost the original case on summary judgement - that means the bank was able to submit evidence that proved the case and the borrower had nothing to contradict the evidence submitted by the bank. I doubt Mr Sanchez was successful in his appeal.
Seems to me most of these cases involve people fighting foreclosure not because they paid but in the hopes that the bank lost or made a mistake in their paperwork.
Since the removal of the *GOLD STANDARD* in 1933 debt *CANNOT* be discharged with *FEDERAL RESERVE NOTES* This is why the *CREDITOR'S SIGNATURE* is *PRICELESS* These banks actually supplied *NOTHING* of *EQUAL EXCHANGE* in the transaction. When the *BUYER'S CREDIT* was pulled *FUNDS WERE RELEASED* to the *BANK* *2ND* only the *BUYER'S SIGNATURE* is on the *PROMISSORY NOTE* which is then *STAMPED PAY TO THE ORDER OF* on the back, *SECURITIZED* and *SOLD ON THE STOCK MARKET* Thus enabling the *BANK* to make a *3RD STREAM OF PROFIT* of the *BUYER'S SIGNATURE* Finally, adding *INSULT TO INJURY* the buyer is *FURTHER DECEIVED* into making *MONTHLY INSTALLMENTS* for a *PURCHASE OWNED OUTRIGHT* according to the *WARRANTY DEED* Where is the *FAIR AND HONEST DISCLOSURE?* Where is the *3-DAY RIGHT OF RECISION* allowing for *BUYER'S REMORSE?* *LAND OF THE THIEVES, HOME OF THE DEBT SLAVE*
Even though my 2009 BNY/BOA FC Case was dismissed in 2011 and never re-filed, I would like the opportunity to hear them explain how their complaint included a count of lost or destroyed note w/attached a copy of the “original” without a blank endorsement nor an endorsement without recourse to Countrywide, only to Decision One, yet a “new” copy of the “original note” was filed 2 years later with a David Spector signature payable to Countrywide. Must have been disappearing ink.
This isn't a sovcit. This is someone trying to prove that the bank can't actually prove he owes them anything, and doing a pretty bangup job of it too. Unlike the sovcits, this guy did his homework, learned the ACTUAL law, and did a great job of casting doubt on the bank's documentation and made a strong presentation to the judge while being respectful of his authority and jurisdiction.
I wish I had an attorney like this to help me. We have been in court since 2009!! They filed sent a forged note (as in someone signed my name) to the court for foreclosure...then mailed a different one as a copy. 7 years later judge ordered the original wet ink to be brought in, and bank brought in a copy of forged again. Judge said he felt this was fraud in material fact...but we still have them claiming the copy in my still let's them proceed. and my lender is a broker company that is bow out of business but then assigned to mers. challenged lack of standing they got to continue due to copy..what do you do when no one will produce a wet ink. even when they admitted it was damaged or lost. just curious. they filed for speedy hearing, but if it's a binding agreement...and forged is it not null??
The original owner King of England needed revenue form the settlers they sent. The best way ( generate revenue) was to tax that land, that has never changed.