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NC Foreclosure Playbook

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    NORTH CAROLINA FORECLOSURE PLAYBOOK Do you want to learn pro-se foreclosure defense? Do you want to know how to expose foreclosure fraud and/or mortgage fraud?
    Message 1 of 1 , Nov 29, 2010
      NORTH CAROLINA FORECLOSURE PLAYBOOK

      Do you want to learn pro-se foreclosure defense? Do you want to know how to expose foreclosure fraud and/or mortgage fraud? Do you want to know how to expose government collusion and government corruption? Read on...

      I am not a lawyer. I am a man, who has been in the trenches, looking these alleged authorities: judges, clerks, sheriff's, and attorney's in the eye, and seeing them lie, cheat, steal, and kick people out on the street. I refuse to sit idly by any longer.

      EVERY STANDARD BANK (DEED OF TRUST) FORECLOSURE THAT IS CONDUCTED IN NORTH CAROLINA WITHOUT A PROPER CLERK, OR PRODUCTION OF THE NOTE IS VOID, NULL, FRAUDULENT, AND A CRIME. (MY ESTIMATE IS: 99.9% OF ALL BANK FORCLOSURES ARE FRAUD!)

      READ and/or ASSIGN VALUE AT YOUR OWN RISK! This is presented absent assumption of liability, absent assurance of value, absent offer of recourse, and only for entertainment, information, and for the benefit of those who would be principally and perpetually subject to the terms of the trust that issues this document. ABSENT INTENT OR AUTHORITY AS LEGAL ADVICE.

      How to embarrass the lying whores who profess to follow the foreclosure laws of the State of North Carolina, Step by Step:

      THE FACT IS THAT THERE IS NO LAWFUL CLERK OF SUPERIOR COURT IN ANY COUNTY IN CONSTRUCT KNOWN AS "THE STATE OF NORTH CAROLINA"

      SECOND, THERE IS NO ORIGINAL NOTE BEING PRODUCED IN BANK FORECLOSURE CASES, AND AS SUCH ALL OF THEM ARE NULL AND VOID, IF THE DEED OF TRUST SAYS THAT THE "NOTE EVIDENCES DEBT" (NO COPY IS AUTHORIZED TO EVIDENCE DEBT.)

      AND THE PEOPLE WHO ACT AS IF THEY ARE HONORABLE, AND RUNNING THE "JUSTICE" SYSTEM, ARE ACTUALLY BENDING THE PUBLIC OVER ON A DAILY BASIS, AND THE "ATTORNEY GENERAL" ROY ASBERRY COOPER, III, KNOWS THIS, AND ALLOWS IT TO HAPPEN.

      See these three videos for more clarity on these issues:


      http://www.youtube.com/v/2TEdqCbYFec

      http://www.youtube.com/v/3nEBb7vd2KQ

      Look at your Deed of Trust. If you have language in the Deed of trust to the effect of: "The debt is evidenced by the borrowers Note" (or similar import) then proceed:

      HIRE A COURT REPORTER NOW, and PAY THEM IN ADVANCE FOR THEIR SERVICE, SO THAT YOU HAVE THEM BOUND TO APPEAR FOR YOU. (THIS IS THE MOST IMPORTANT THING YOU CAN DO, PERIOD. THESE COCKROACHES HATE THE LIGHT OF DAY, AND THEY OPERATE IN A BACK ROOM WITH NO RECORD MADE OF WHAT HAPPENS. TAKING IN A COURT REPORTER IS AKIN TO CARRYING IN A BAZOOKA, IN TERMS OF LEVELING THE PLAYING FIELD. IF YOU INTEND TO SKIP THIS STEP, YOU CAN FORGET ANY SEMBLANCE OF FAIRNESS. MAKING THE RECORD, AND PRESERVING THE RECORD IS YOUR ONLY HOPE OF SHOWING THESE LIARS FOR WHAT THEY ARE.)



      Familiarize yourself with the rules of evidence and the Rules of Civil Procedure (RCP).

      Pay Special attention to Rule 45 of the RCP. Print it out.

      Go to the "Clerk's" office, and ask for 25 (SIGNED AND SEALED) subpoenas for your case. Take a witness with you, and if possible, make it a newspaper or other media reporter. If they give you any hassle, ask for their name, and tell them that pursuant to rule 45, you are asking that they issue the subpoenas that you have requested. IF they refuse, they are denying your access to the "courts." (Expect rude, impolite service, from people who don't give a shit about anything but their paycheck.) [Asking for 25, is your right, but also ensures that you have enough to make a few mistakes with]

      Look on your Notice of Foreclosure Hearing, and find out who the foreclosure mill/attorney says is the holder of the Note/Debt.

      Subpoena the foreclosure mill/attorney for the production of the Note.

      Subpoena the alleged holder for the production of the Note.

      Send (REGISTERED MAIL ONLY) a request and money order to the Clerk to the Board of County Commissioners for your county requesting the oath of office for the Clerk to the Board, Sheriff, Register of Deeds, and Clerk of Superior Court. Per NCGS 153A-26.the clerk (to the board) is the custodian of these oaths. It is important to limit the time of response. Sending payment up front binds the Clerk in trust, as they have benefit of the instrument, and they are subject to perform, or be bound in trust to you. Legally this position is a position of role reversal, which is very uncomfortable for the ones who want to rule you with no questions asked. (See Example)

      Subpoena the Clerk to the Board of Commissioners to produce the oath required by NCGS 153A-26 for Clerk to the Board, Sheriff, Register of Deeds, and Clerk of Superior Court.

      Subpoena the Clerk of Superior Court to produce the oath required by NCGS 153A-26. (See Example)

      The Sheriff has to serve these subpoenas, and they will cost 15.00 each so send them to the Sheriff by Registered Mail WITH payment included, or take to the Sheriff's office, and get a RECEIPT for your payment (And keep copies of your subpoenas. [You also need to give the Sheriff 3x copies per subpoena])

      Practice, and memorize the questions to ask the Liar/Lawyer who is acting as the Trustee for the Bank.

      [Using full page clear labels, available at any office supply store, will allow you to cut and paste the information you need into your subpoenas. Then shoot copies of them and include the original when giving the three copies to the Sheriff for service.]

      (These ideas are only cursory. There is a multitude of information on the internet. USE IT.)

      QUESTIONS FOR THE "PLAYERS"

      North Carolina Statutes concerning foreclosure, and questions to ask pursuant to the statute:

      http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_45/GS_45-21.16.html



      Questions directed to the "Clerk of Superior Court" (COSC)



      Is the office of Clerk of Superior Court a County office? (This is a YES or NO answer)
      If NO, "Is the office of the Clerk of Superior Court a State office? (This is a YES or NO answer)
      If YES, "What statute confirms that the Clerk of Superior Court is a State office? (If you haven't seen the evil side of the justice system, here is where it should kick in, if it hasn't already. Expect them to say that the statute is irrelevant, or something that will attempt to distract you from the issue.)
      [NOTE: If they try to play games, and say they are an employee of the state, then I would ask: "Are you an officer of either the state of North Carolina , or the county of ______?" If they are absent office, then they are absent power. Period.]
      "Do you intend to give me the substantial due process right of cross-examination of any competent first-hand witnesses against me?" (Of course, they do NOT intend to give you this right, so it is important to get this on the record. They will claim YES, but their actions will show you what is going on in their minds)
      Questions directed to the "Trustee" (Either a lying, thieving attorney, or their lackey)

      Are you a competent fact witness concerning the Deed of Trust and/or Note that this case is concerned with? (YES or NO) [NOTE: They will surely try to Bullshit you, and say that they are familiar with this case. THIS IS NOT THE QUESTION, and if they try this, narrow down the question by saying: "DID YOU WITNESS ME SIGNING THE DEED OF TRUST, OR THE NOTE?" (If they say YES, ask the Court Reporter to swear them in, and then ask them to repeat their answer under oath [Unless they witnessed you sign the documents, they are WITHOUT ability to be a COMPETENT, FIRST HAND WITNESS against you.)
      Do you have the ORIGINAL Note with you today? (YES OR NO)
      (If they do not have the ORIGINAL Note) Ask them "Where, in the Deed of Trust, is a "copy" of an alleged Note authorized to evidence debt?" [This is a killer question, and will make the most seasoned attorney's pucker factor go off the scale. Rest assured they will do some quick talking, BUT STAY FOCUSED, and point out their inability to show that the Deed of Trust allows a "copy" of a Note to evidence debt."
      "Who, or what do you represent?" [This is a very fluid concept, in a foreclosure hearing, because actually, they are in several capacities. They get paid to foreclose, being a foreclosure mill, and thus they have a vested interest in the foreclosure effecting. Secondly, they have been substituted in as Trustee of the Deed of Trust, and as such, HAVE A DUTY to follow the terms. Producing a copy of a Note, when the DEED of TRUST calls for only the original to evidence debt, is a BREACH OF TRUST.]
      Pursuant with the Rules of Civil Procedure, you can motion (orally) to dismiss a case. If there is no competent first-hand fact witness that can testify that they saw you sign the Note, then Motion to Dismiss. If, additionally, there is no ORIGINAL produced, Motion to Dismiss.

      If the "Clerk" signs the order to allow foreclosure (likely, as they are all crooks) then you have preserved your evidence of fraud.
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