Bank Claiming Possession

Land, personal possessions, and self. Not necessarily in that order.
cascey
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Re: Bank Claiming Possession

Post by cascey » Sun Aug 02, 2015 7:21 pm

..Honestly though, I'm not trying to "get away" with anything.. as you have said in your reply.. simply having been attempting to educate myself while to navigate what to do without much assistance through the journey that I have been on.. I'm at a loss.
cascey
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Re: Bank Claiming Possession

Post by cascey » Sun Jan 31, 2016 9:08 pm

Just received a FEDEX envelope, though it is addressed in ALLCAPS to the decendant.. And unsure what to do withit. Back in August, I was told that all communication is to be/would be through the court (only?).. If I understand correctly, the envelope was sent from one of the lenders servicers.. allegedly, the entity that is in possession of the decendants Promissory Note. In early October thePlaintiff/attorney asked for a "Default" which was granted by the court about one month later.
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notmartha
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Re: Bank Claiming Possession

Post by notmartha » Mon Feb 01, 2016 1:35 pm

cascey wrote:Just received a FEDEX envelope, though it is addressed in ALLCAPS to the decendant.. And unsure what to do withit. Back in August, I was told that all communication is to be/would be through the court (only?).. If I understand correctly, the envelope was sent from one of the lenders servicers.. allegedly, the entity that is in possession of the decendants Promissory Note. In early October thePlaintiff/attorney asked for a "Default" which was granted by the court about one month later.
Who was it addressed to? Did you mean:

DESCENDANTS. Those who have issued from an individual, and include his children, grandchildren, and their children to the remotest degree.

or

DECEDENT. In the acts of descent and distribution, this word is frequently used for a deceased person, testate or intestate.

If it was to the deceased, ALL CAPS are actually proper, as they address a dead entity.

If it is addressed to descendant of the deceased, and you are not one, you can return to sender or open by "mistake".
Last edited by notmartha on Sat Apr 23, 2016 1:33 pm, edited 1 time in total.
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editor
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Re: Bank Claiming Possession

Post by editor » Mon Feb 01, 2016 10:40 pm

Thank you, notmartha, for that excellent response.

Cascey: Are you still living in the house? If so, then I think you can expect that all their efforts from this point forward will be focused on getting you out of the house. The bank can't take possession until it is certifiably abandoned.
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cascey
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Re: Bank Claiming Possession

Post by cascey » Tue Feb 09, 2016 4:30 pm

Thank you for the refresher "mini-course" on definitions. At first I hesitated in opening the envelope. Then, I finally did so, to see that it was alla bout. Under common law, I am both executor and beneficiary as stated in the Last Will and Testament.I am a living soul. I stand on the land and not on the sea. I am still living in the house that has been my home for almost 12 years. Though, currently unsure of any possible next steps as I have no support from anyone (family, friends, neighbours, lawyers, attorneys etc). Even if I did leave/abandon the property I have no place else to go. On occasion is has been mentioned that I have hmm equity interest.. paramount security interest in the property. Fannie Mae is the lender, a corporation. A corporation can only go to suit against another corporation (the All-CAPS, legal fiction?). Though, under Florida Statute, in order for a corporation to file suite in Florida it needs to be incorporated in Florida, currently Fannie Mae is not. so ,a question arose, Is the attorney perjuring my security interest. I have a vague idea of what to do.. Something about filinf affidavits, (still) a common law lien against the property. And needing to obtain a copy of the original promissory Note (both sides) as well as the Pool Servicing Agreement.

I've since learnt that the property was paid for within the first 72 hours of the life of the loan. The lender takes the Promissory Note to the Treasury for Discharge. THE Promissory Note pays the seller, In Full. Ws there Full-disclosure to the Homeowner/Borrower at the negotiating table? The lender takes the mortgage loan and securitized it.. pooling it together with other mortgage loans.. lets say at 2,000.oo each.. for a pool of 1,000.oo mortgage as an investment at one million dollars. The Pool Servicing Agreement has a window of 120 days. So, I have been questioning as to if there is a breach of contract from the lender to the Homeowner/Borrower, who passed away at the end of 2014. Any insite, assistance is greatly appreciated.
cascey
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Re: Bank Claiming Possession

Post by cascey » Tue Apr 05, 2016 4:43 pm

Of interesting note.. Back when I first started looking into the matter of Fannie Mae's status.. It did not appear to be incorporated in Florida. Then, back in January of this year, it's corporate status was reinstated. It appears that it's legal representative and office(s) are out of Fort Lauderdale. Though their attorney is using his office address as if it was the location of Fannie Mae.

I also learnt that an attorney knowing of the activities of their client, best for him to have gotten up and walked away. Something having to do with their code of ethics.. Somewhere in there also, a reference that attorney's cannot represent a ficticious plaintiff. If not, then how is it that he is representing Fannie Mae?
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Re: Bank Claiming Possession

Post by editor » Thu Apr 07, 2016 7:53 am

Attorneys represent fictitious plaintiffs all the time. How about the U.S. Attorney General? Is not the U.S. itself a legal fiction?

Attorneys themselves are fictions, for that matter. I don't know of any branch of government that issues licenses for attorneys. Their so-called "license" is membership in a private organization (also a fiction) called a Bar Association. Yet if you or I were to hang a shingle on our stoop advertising to write trusts, settle estates, or represent others in court proceedings, we would be charged with "practicing law without a license."

The most interesting thing about your post is Fannie Mae's corporate status. Few people realize that all these quasi-governmental agencies are actually corporations. Even county and municipal governments are corporations, all of them listed with Dunn and Bradstreet as to their credit ratings. They have no more real authority than Federal Express. But in certain situations, if you disobey the orders of their private security, you're likely to be killed. Just ask Robert "LaVoy" Finicum... wait, you can't ask him, he's dead.

Thanks for your post. Lifting up the rock and shedding light on the cockroaches is what we're all about here.
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notmartha
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Re: Bank Claiming Possession

Post by notmartha » Thu Apr 07, 2016 12:47 pm

Reminds me of what Thomas Jefferson purportedly wrote in an 1802 letter to then Secretary of the Treasury, Albert Gallatin:

"If the American people ever allow private banks to control the issue of their money, first by inflation and then by deflation, the banks and corporations that will grow up around them, will deprive the people of their property
until their children will wake up homeless on the continent their fathers conquered."
cascey
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Re: Bank Claiming Possession

Post by cascey » Thu Apr 07, 2016 2:39 pm

*nods* ..isn't that what has happened to all of us!? (Referring to the Thomas Jefferson quote). My comments above having to do with their Code of Ethics (etc).. And, how it seems (as I myself have been learning) they do not even follow their own rules.

Still searching for answers here, and any semblence of moral support is indeed ever so welcome. It has been that tough of a lonesome journey.

Through not knowing what else to do.. after learning of the Plaintiff/attorney filing for a Motion for Final Summary Judgment. I ended up filing a Judicial Notice/Coram Nobis.. Whether good or bad in the eyes of many.. in short stating that I am an American Citizen.. Thus referencing that the court/UNITED STATES is a FOREIGN STATE.. Likewise as American Citizen's (living men and women on the land) we are foreign to it.. And, in that light we hold unalienable rights and immunities.. The bankruptsy of the UNITED STATES in 1933.. The Trading with the Enemy/War Powers Act.. How the presume/assume we are the enemy.. and a few other things.. Overall relatively short as I have been funding mine own research and study, while trying to sustain myself. And have virtually no resources to do much anything else, and do not know of anyone more local to me with whom to collaborate.. Once again all attention, consideration, and assistance is ever so appreciated.
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Re: Bank Claiming Possession

Post by editor » Sat Apr 16, 2016 12:07 am

Hi Cascey,

Your ordeal has been going on for some time. I'm not sure if I, or any of the others who have responded, offered anything for you that would have worked. Maybe so, maybe no. The simple truth though, is that you have been hard to help.

First of all, it's always hard to help with documents that have been "loosely described", but copies have never been provided. The forum allows uploads, and you could scan documents and upload them so we could actually see what you're dealing with. Black out names and other particulars, if you're concerned about privacy (I would be). If you don't have a scanner, your public library does. If you have an Android smartphone, you can use a free app called "Cam Scanner", it does a marvelous job.

Originally it was hard to get a really coherent description of your problem, but if I remember correctly, you finally posted some reasonably complete information. I posted some very specific things you could do in your favor.

...And never got any feedback. Later, you would post about another letter they had sent you, or another hearing coming up (sorry if I'm a little foggy on the details). But you never posted a chronological, logical progression so we could help you proceed. That would have been in the nature of, "I followed your suggestion and sent them the following letter (copy attached). Here's what they sent in reply."

For example, this (in an email Cascey sent me privately) is the first time I remember you ever saying you filed an answer. If I'm wrong about that, I'm sorry. But did you post a copy of the answer? Did you at least post the text of the answer? Without specifics, how can anyone help you?

I'm sorry I don't have a silver bullet which will simply slay your beast. These kinds of things require good information, and proper procedure.

The Lawful Path exists as a signpost along the Information Highway. We try to wake people up out of their stupor. We provide the Forum as a way to exchange information; a place to ask for help, and offer suggestions. The service is free, and some would say you get what you pay for. We try to do better than that but, in the end, you have to assume responsibility for your own outcomes. That's another way of saying, "God helps those who help themselves."

I think some of us are willing to try to help you Cascey, but more information is required. Could you begin with a brief summary of your problem, followed by an outline showing the timeline of everything that has transpired?
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