Pro Se Primer 101 – No. 2 – Security Tool: Essential in Your Fight Against Foreclosure Fraud

Judge: [responding to a Borrower]

Mr. Borrower, at Cornell University they have some incredible scientific equipment known as a scanning electron microscope. Now this microscope is so powerful that by shooting electrons you can see images of the atom, the infinitesimally tiny building blocks of our universe. Mr. Borrower, if I were using that microscope right now, I still couldn’t place my interest in his problem.

Frasier TV series.

Does “The Security Instrument” even sound like part of your home loan? If you go to court, your suitor/lender will claim that you signed it with your eyes wide open. What the hell is it then, right? Well, it’s the lynchpin in EVERY ILLEGAL FORECLOSURE since the mid 1990’s.

In the first “Pro se Manual 101 of the terms you need to know to fight against illegal foreclosures, which can be found on this website, I described the relationship of the document “Essentials” (instrument actually, but this is a Manual 101 ) what the Note is and how it represents the debt you owe.

Supposedly you signed both the Note and the Security Instrument (mortgage or deed of trust) at your closing. But I am sure that 99% of my readers did not know what document it was and if they saw it again they would not recognize it as theirs.

But, this Instrument of Security is the only document used by these genius lawyers on behalf of the Fictitious Beneficiary (actual legal term) to launch you and your family onto the streets. They used it to foreclose on borrowers and it is not only illegal but incredibly stupid. But it has worked against unsuspecting borrowers an estimated 20 million times.

You see, what the Security Instrument is intended to do is follow your Note and it is the rule book for your loan. Describe your loan. It describes that the Promissory Note is the only evidence that you even received a loan. It describes what happens if you pay off your loan, and it describes what all parties can and cannot do if you are unable to pay your loan.

But, it is not evidence that the executing party owns your Note. It has no value and you cannot transfer ownership of your loan (Note).

Still, the only claim I’ve seen from these “Executing Parties” is that they’ve been assigned the Security Instrument and that means they can take your house.

That is not true. But almost all the foreclosures in the last 20 years were carried out invoking the assignment of the Security Instrument.

But let’s go back to the 1st Pro Se Primer 101 and the word “mortgage”. We talk about it having two definitions or meanings, but that is not legally true. The word “mortgage” is basically a slang term for “Home Loan” for citizens in all 50 states and DC and some of those semi-state islands. For people in judicial foreclosure states, this means that it can only be foreclosed on by the party who actually has a legally valid interest in the property and goes to the appropriate court and files a foreclosure lawsuit. Judicial foreclosure is much better for the borrower.

But judicial foreclosure states call the security instrument a mortgage in their states. So you, the people who live in those states, have a mortgage loan that consists of the Note and a mortgage. Of course this is confusing.

Now, I’m going to confuse you even more. The Security Instrument in Non-Judicial statements is called the Deed of Trust.

I will not be able to clarify all this in this basic manual. You see, the phrase “Deed of Trust” has two out of three words that will be the subject of how it all works and how it doesn’t all work.

Let’s talk about the word action. Much to confuse you there. The word trust has three different meanings. You can see it coming from everywhere there. I’ll get to those right away. I know you’re curious.

So take this from this article, the Note is essential and the mortgage or Deed of Trust is incidental. Foreclosure “under the mortgage” just means that the mortgage was used as the rule book. You foreclose on the Note.

This might help. I say it all the time.

‘When you pay for a house, you are not paying for your house, as we say. When you make a payment on a house, what you are really doing is buying back your Note that you signed.

But, it is the judges who are being deceived. The “assignment of a mortgage” sounds like the assignment of a mortgage loan, but it IS NOT. In fact, the mortgage cannot be assigned. It belongs to the promissory note. So, the assignment of a mortgage does nothing because the Note does not follow a mortgage (collateral title). But a mortgage always follows the Note.

I promise you I’m right. If you were foreclosed after 1995, there was no actual promissory note anywhere and your foreclosure was based on the assignment of a mortgage in Court States. Not because that’s legal. In fact, it is not legal at all. It just can’t be done.

OK, you ask me, so how did it happen? Well, I have tried to keep my faith in the integrity of our American courts, but I was a fool.

Most judges in the United States (1) never read the laws relating to money lending, (2) are too stupid (excuse me, but there’s no other way to put it) to understand basic American laws even if they read them , or (3) they’re biased and biased and the lawyers in this country (which everyone knows is a cult like the one Kevin Bacon’s character Ryan Hardy fights in “The Following) won’t challenge judges when they’re wrong. So go read all the law you want. Call me, like my clients do, and tell me you found any other good laws you want to show me.

Our laws are not bad and my clients are not deceived. They are, without a doubt, the same players we trust and should be able to trust, and cannot trust, who have displaced twenty million American families essentially turning them into refugees. If there are about 3 people on average in each family, that’s 60 million American refugees. More than all the hotspots in the world combined. It’s still happening.

If evil triumphs only when good men do nothing, what are you going to do?

JUDICIAL FORECLOSURE STATES ARE:

Connecticut, Delaware, Florida. Illinois, Indiana, Kansas, Kentucky, Louisiana,

Maine, Maryland, Massachusetts, Nebraska, New Jersey, New Mexico, New York,

North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota,

Vermont, Wisconsin.

Oklahoma, South Dakota, and Wisconsin have nonjudicial foreclosure provisions in their state laws; however, judicial foreclosure laws are common

THE NON-JUDICIAL FORECLOSURE STATES ARE:

Alabama, Alaska, Arizona, Arkansas, California, California, Colorado,

District of Columbia, Georgia, Hawaii, Iowa, Michigan, Minnesota, Mississippi,

Missouri, Montana, Nevada, New Hampshire, North Carolina, Oregon, Tennessee,

Texas, Utah, Virginia, West Virginia, Wyoming