Freedom Story: Terra and Bruno
My husband and I had original home mortgage with ABN-Amro which sold to Citimortgage. After years of paying into the system, never quite convinced it was the right way, we openly started questioning the mortgage industry.
All the while we were still paying our monthly payments, we asked Citimortgage for the WET INK NOTE. We were told all kinds of things, once we could actually get them to talk to us, from “they do hold the mortgage” to “no, they don’t as Freddie Mc does and they are only the servicer’. Most of the times they would hang up on us ‘accidentally’ in transferring our call to the right department. We stopped paying, saying we would resume the payments when they can prove they are the owner of the “loan”.
Seeing we would not get them to cooperate, we filed a claim with the Consumer Financial Protection Bureau (CFPB with Richard Cordray as the head) and Lisa Madigan, our state of Illinois Attorney General. They both gave us the case number and started investigating. Only THEN, 15 months later, did Citimortgage send us the packet of documents which were basically a copy of all the papers we signed at the closing, including a copy of a copy of the Promissory Note. That was back in February.
They suddenly decided to foreclose on us and tried to summon us through the servicer of the court. I just never opened the door. The poor man kept coming to our door for six days in a row, but never once leaving the summons by the door. It is said the bank would have to pay about $1000 to be able to do that.
In the meantime, the foreclosed bank tried every possible trick to get us into a Home Loan Modification which we refused each time, citing we would NOT go into a new “loan”, when they can not prove they own the first “loan”. When I got all the names, I wrote the Cover Letters and sent the Courtesy Notice to Citimortgage, their attorney who sued us and the Court Clerk who sent us the Court Notice. And again, Citimortgage tried to push us into a new loan, trying to dismiss the OPPT as a worldwide scam for debt relief. Twice they tried to downplay the Courtesy Notice, and at the same time ignoring our requests for the origin of the loan, invoices, prior title, the Wet Ink Promissory Note and proof of the transfer of the funds.
Mid June we received the summons from the bank’s attorney (this time a different one, but from the same Law Company) trying to get the Default Order, Foreclosure and Sale of the property and Appointment of the Sale Officer. The summons was signed by another clerk, NOT the same one that recieved my CN. That to me was a great sign that the people in the know were washing their hands, as they were specifically told they are acting in their full, personal liability as the corporations they were representing (the bank and the court) were foreclosed upon. They understood the UCC filings if they decided not to repeat the process.
The day of the court was the best! The judge read what the bank wanted to achieve with this motion, asked us for our names to which we said: “They call us xxxxx” They both looked at us very surprised. This was to say we ARE NOT those artifical, corporate entities they are going after, written in all capitals.
Then she asked what we wanted and we said: “The WET INK NOTE and all the above requirements - the origin of the funds, prior title, proof of transfer of the funds (from Heather’s list) and of course making sure the “loan” is LAWFUL (not legal) and that it exists. The judge looked in surprise and asked: “What do you mean - exists? Did you receive the money? Did you sign the papers?”
Before I could say - yes we signed the papers - but never actually received the money - my husband said loudly, standing behind the bank’s attorney in all his 6’4″ persona: ” What money? Was this money backed by gold and silver?”
She couldn’t believe her ears and after a few seconds of silence she told the poor attorney who couldn’t get a word: “Well, Mr Dask, I guess you will have to provide the WET INK NOTE!
The next court date is in September” - the attorney wanted in July, but again, the judge was accomodating to US! She thanked us smilingly for coming and we left the attorney gasping for air, as he couldn’t even muster two coherent sentences.
It was a great day! One home less stolen from their rightful owner. We believe there WILL BE NO next time.
Terra and Bruno, Chicago IL
Fantastic guy’s, the criminal banks must understand if they use the UCC laws to Foreclose on homeowners, then it is lawful for us to use these same laws to foreclose on them for FRAUD & ENSLAVEMENT. These Courts and so called judges are subject to the same laws, they are frauds. If they believe they are innocent of FRAUD & ENSLAVEMENT then they must REBUT those charges. That goes for all CORPORATIONS & CORPORATE so called GOVERNMENTS as well.
What an amazing outcome for you guys in ‘court!’ This truly is precedent setting in my opinion. If there is anything filed related to the judges continuance, it would provide support for other such cases around the country. Woo hoo Terra and Bruno!!!
Wonderful ………….. I am dong the same here in Australia. I am at the stage where the bank refuses to even talk to me or answer any of my correspondence (two CNs sent to different departments), so I will be sending a copy of the CN to the lady who is now ‘handling’ matters and ensure she realises that my requests are to be followed. I stopped making payments three months ago.
Funnily, a debt collector for an old alleged credit card debt managed to get a default judgment against me and has now had a writ put over the house and had a warrant issued for the sale of the house ……….. mainly because I wouldn’t put in a Notice to Defend ti the foreclosed court, but now I have put in an application to have the judgment set-aside, and have sent a CN to the magistrate that signed the default judgement, so we will see where things go from here.
It’s such a boost to read stories like this and know that so many of us are now standing up against the criminal activities of the banks and finance industries. Together, we are bringing forth our new beautiful world, where we can all live in abundance and peace with all other living entities ♥ ♥ ♥
Hi. Mamma G,
YOU are one of ‘those stories’!! Gutsy! KUDOS to u!
Aussies have a harder time than Americans, as we can’t track who our mortgage has been onsold to. If only all this info had been available to me in 2005, I would NOT have a mortgage today .. which was created by stealth & deceit by NAB! We moved the mortgage to ANZ and so can’t have it investigated .. although at the time, I did contact the Banking Ombudsman (useless for us but a pal for the NAB!) with NO results in questioning their actions.
Have u heard of the stand being made by Sue Mayne & David John Walter? If not, see FB
Our very BEST wishes on the outcomes for bank & cr cd.
Thanks Mumsbiz ….. it’s all got to come tumbling down sometime soon, and if we can stand strong in the meantime, it is going to be well worth it to see the system change.
I haven’t heard of Sue Mayne and David John Walter’s stand … and I’m in most of the FB groups. Which one is it mentioned in?
Cheers
G ♥
i’m in the process of doing the same with my mortgage. bank of america just sold my “loan” to EVERHOME. isn’t that a catchy name? i have a lot of homework to do so please send some LOVE my direction,friends.
you note that citimortage sued you at some point during this process. Where does that stand currently as of June 28, 2013? peace.
Outstanding work you two, Congratulations!!
What’s the fundamental difference between “mortgage” and a “Home Equity Line of Credit” (HELOC) with respect to conducting this process? At the time the HELOC was signed, we never understood any of this stuff going on. I think I get what is meant by “who holds the mortgage” but who holds a “Line of Credit”? Are these terms moot and essentially one and the same thing? peace
Chalk up one the the little guy!! Yeah!
I’ve found your story on Fb, and I’ve left there this comment:” Wow, this is the point why it’s worth to come here to Facebook!… I was translating OPPT-stuff, I got tired and came here “to relax” just to find this:-) … I will happily share your story with the Hungarians so that they can see brilliant examples.” 🙂
Herzlichen Glückwunsch …Ihr seid Lehrer für ALLES
Has anyone taken the CN to the next level? I keep receiving reminder notices and threats from an alleged council. I keep sending further invoices but keep receiving further notices to pay. I feel I must take it to the next level, which is lodging a UCC Financing Statement. Anyone had any experience with this?
Hello:
In this Freedom story, a refference is made to “Heathers list, ” where can one find this list of documents to request from the banksters?
Thanks!