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Kicking it up a notch

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  • Gary D
    Failed to produce the note. Check mate ? Well I shall see. Gary xxxxxxxxxxxxxxxx April 11, 2009
    Message 1 of 3 , Apr 11, 2009
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      Failed to produce the note.

      Check mate ?

      Well I shall see.

      Gary

      xxxxxxxxxxxxxxxx                                                       April 11, 2009

      xxxxxxxxxxxxxxxxx

      xxxxxxxxxxxxx

       

      TO:      Countrywide Home Loans (Legal Department)

                  Attn: Customer Service         
      SVB-314 P O Box 5170
      Simi Valley , CA 93062-5170

       

                  Re:       Demand for a copy of the Promissory Note, or release

                 Name:  xxxxxxxxxxxx

      Property Address: xxxxxxxxxxxxxxl

      Loan Number:  xxxxxxxxxxx

       

      Dear Gentle People,

                 Be advised I am herewith demanding a copy of the Promissory Note.

                  Noteworthy I have request this back in February, however instead of producing that said instrument you have sent me two (2) letters asking for more time, in which I object, and if you can’t produce that note, I am herewith requesting documentation to clear title.

                  As I am sure you are well aware of the many cases around the country in which courts have ruled without the original note e.g. wet ink, one has no standing in which a Judge not only dismissed the foreclosures, moreover sanctioning the law firm for bring a action in which was frivols.

      “The big issue in all these cases, whether we are dealing with a bankruptcy court, a state court or a federal court, is who really owns the mortgage note, and that is allegedly what they securitized,” said O. Max Gardner III, a lawyer who represents borrowers in foreclosure in Shelby, N.C. “A collateral question is, has that mortgage note really been transferred and assigned to the securitization trust? If not, then they really don’t have standing. It’s Law School 101.”

       

                  Many banks do not have the original notes as they, bundle them up so to speak and sell them, or assign to another entity, (thereby getting paid) already.

                  Please sign the enclosed documents under notary seal and return to the above address.

                  If you are not going to release said lien, please provide your legal claim not to do otherwise, as you assert I am indebted to you, within ten (10) days of receiving this demand, otherwise your non-response or silence can only be consider a default, in which, noteworthy at the UCC and any applicable laws notwithstanding UFTPCPL could trigger severe consequents, therefore govern yourself accordingly.    

                                                                                          Very truly yours,

                                                                                          /s/xxxxxxx, Without Prejudice

       

      Via: USPS / Certified 7004 xxxx xxxx xxxx

      cc: Release of Mortgage

      Cc: File Computer




    • soc_anon_01
      ... Why would you want Countrywide to produce a copy? A copy has no standing, unless you give it force by asking for the production. The real issue becomes
      Message 2 of 3 , Apr 11, 2009
      • 0 Attachment
        --- In tips_and_tricks@yahoogroups.com, Gary D <garytrust@...> wrote:
        >
        >
        > Failed to produce the note.
        >
        > Check mate ?
        >
        > Well I shall see.
        >
        > Gary
        >
        > TO:
        > Countrywide Home Loans (Legal Department)
        >
        > Attn: Customer Service
        >
        > SVB-314 P O Box 5170
        >
        > Simi Valley, CA
        > 93062-5170
        >
        >
        >
        >
        > Re: Demand for a copy of the Promissory Note, or release

        Why would you want Countrywide to produce a copy?

        A copy has no standing, unless you give it force by asking for the production.

        The real issue becomes stolen property, as the note is the property of the maker not the holder and is to be returned to the make upon fulfillment of the conditions set forth within the document (note).

        You should read the new article 9 for default provisions.




      • Tim West
        Thanks to Bear for pointing out my previous response was a little short and probably sounded more like a smart remark rather than constructive information. So
        Message 3 of 3 , Apr 13, 2009
        • 0 Attachment
          Re: [tips_and_tricks] Kicking it up a notch

          Thanks to Bear for pointing out my previous response was a little short and 

          probably sounded more like a smart remark rather than constructive information.

          So here is the longer version.

          You may want to look and see what you actually demanded.

          You may have noticed them of what the courts have ruled.

          but

          That is not what you demanded, you demanded a "copy".

          It may be implied and understood you are seeking the original.

          but

          You should know that your adversary will take advantage of every means 

          good or evil to prevail.

          I have friends with a case where they brought in a very detailed copy.

          It took a forensics examination to reveal it was a copy.

          The judge had every intention of accepting it.

          The adversary could meet your demand and have plausible deniability.

          The other weakness my friends had is they did not give due process 

          prior to entering court. 

          They saved these "challenges" for an "argument" in court.

          They abandoned the right to get confessions prior to meeting with 

          third party (court) thereby allowing another party to determine their 

          fate.


          Saturday, April 11, 2009, 2:22:42 PM, you wrote:





          Failed to produce the note.


          Check mate ? 


          Well I shall see.


          Gary 

          xxxxxxxxxxxxxxxx                                                       April 11, 2009

          xxxxxxxxxxxxxxxxx 

          xxxxxxxxxxxxx

           

          TO:      Countrywide Home Loans (Legal Department) 

                      Attn: Customer Service          

          SVB-314 P O Box 5170

          Simi Valley, CA 93062-5170

            

                      Re:       Demand for a copy of the Promissory Note, or release 

                     Name:  xxxxxxxxxxxx

          Property Address: xxxxxxxxxxxxxxl 

          Loan Number:  xxxxxxxxxxx

           

          Dear Gentle People,

                     Be advised I am herewith demanding a copy of the Promissory Note.

                      Noteworthy I have request this back in February, however instead of producing that said instrument you have sent me two (2) letters asking for more time, in which I object, and if you can’t produce that note, I am herewith requesting documentation to clear title.

                      As I am sure you are well aware of the many cases around the country in which courts have ruled without the original note e.g. wet ink, one has no standing in which a Judge not only dismissed the foreclosures, moreover sanctioning the law firm for bring a action in which was frivols. 

          “The big issue in all these cases, whether we are dealing with a bankruptcy court, a state court or a federal court, is who really owns the mortgage note, and that is allegedly what they securitized,” said O. Max Gardner III, a lawyer who represents borrowers in foreclosure in Shelby, N.C. “A collateral question is, has that mortgage note really been transferred and assigned to the securitization trust? If not, then they really don’t have standing. It’s Law School 101.”

           

                      Many banks do not have the original notes as they, bundle them up so to speak and sell them, or assign to another entity, (thereby getting paid) already.

                      Please sign the enclosed documents under notary seal and return to the above address.

                      If you are not going to release said lien, please provide your legal claim not to do otherwise, as you assert I am indebted to you, within ten (10) days of receiving this demand, otherwise your non-response or silence can only be consider a default, in which, noteworthy at the UCC and any applicable laws notwithstanding UFTPCPL could trigger severe consequents, therefore govern yourself accordingly.    

                                                                                              Very truly yours,

                                                                                              /s/xxxxxxx, Without Prejudice 

           

          Via: USPS / Certified 7004 xxxx xxxx xxxx 

          cc: Release of Mortgage

          Cc: File Computer 






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          -- 

           Tim 

           tim@...

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