There is no "Silver Bullet'... but almost...
No disclosure... NO (LEGAL) SALE?
This technique has been used by many with impressive results. Don Barber for example, has not paid one single $3,000 monthly payment on his $450,000 home in over 8 years and the mortgage has disappeared from his credit report.
Yes, you will be in and out of court, but if foreclosure is threatening you with becoming homeless, will you "go down without swinging"?
When you realize that fraud has been committed by the bank, and that the bank turned you into a criminal, maybe it is time to "ask for the file" and take a look, right?
Funny thing is, the bank will refuse to show you the file, much less will they bring it to court, but without showing you the file, the bank can not legally foreclose. Remember that contract law is supreme and full disclosure between the parties to a contract is mandatory. Failure to disclose constitutes "Breach of Contract".
The Loan agreement (contract) states that they are to lend you THEIR MONEY... .
Instead, the Bank deposited your promissory note into an account at the Bank... .
The Bank sends a check / wire from that account to your seller in violation of the Agreement (contract) since it states they are lending you "their money" (after fooling you into committing fraud as per 18 U.S.C. 1001)...
The usual argument is that they used your assets to fund your loan.
That the bank didn't lend you any money. 1) "No State shall make any thing but gold or silver coin a tender in payment of debt" U.S. Constitution Article 1 Section 10. 2) “A bank is not the holder in due course upon merely crediting the depositors account.” Bankers Trust v. Nagler, 229 NYS 2d 142, 143. 3) “The doctrine of ultra vires is a most powerful weapon to keep private corporations within their legitimate spheres and to punish them for violations of their corporate charters, and it probably is not invoked too often .. . Zinc Carbonate Co. v. First National Bank, 103 Wis 125, 79 NW 229. American Express Co. v. Citizens State Bank, 194 NW 430.
That the bank does not have any lawful consideration in the contract nor lawful Equity in the note. 1) “checks, drafts, money orders, and bank notes are not lawful money of the United States” State v. Neilon, 73 Pac 324, 43 Ore 168. 2) The Money and credit first came into existence when they credited it. Mr. Morgan admitted that no United States Law of Statute existed which gave him the right to do this. A lawful consideration must exist and be tendered to support the note. (See Anheuser Busch Brewing Co. v. Emma Mason, 44 Minn. 318. 46 NW 558. ) 3) The Jury found there was no lawful consideration and I agree Only God can create something of value out of nothing. Montgomery Bank vs. Jerome Daly.
That the bank has misrepresented the facts to you (fraud) in a contractual agreement. 1) “It has been settled beyond controversy that a national bank, under federal Law being limited in its powers and capacity, cannot lend its credit by guaranteeing the debts of another. All such contracts entered into by its officers are ultra vires”. Howard & Foster Co. v. Citizens Nat’l Bank of Union, 133 SC 202, 130 SE 759(1926). 2) "In the federal courts, it is well established that a national bank has not power to lend its credit to another by becoming surety, indorser, or guarantor for him.”' Farmers and Miners Bank v. Bluefield Nat 'l Bank, 11 F 2d 83, 271 U.S. 669. 3) "A national bank has no power to lend its credit to any person or corporation . . . Bowen v. Needles Nat. Bank, 94 F 925 36 CCA 553, certiorari denied in 20 S.Ct 1024, 176 US 682, 44 LED 637.
BUT... although the above is true... and because you initiated the fraud (made man)... and the fact that contract law is supreme... WHAT I WOULD DO TO STOP A FORECLOSURE IS... ASK TO SEE " THE ENTIRE FILE" and when they refuse / fail to disclose the file, they are in breach of contract... therefore.... GAME OVER!
AS EASY AS 1-2-3?
Numerous testimonials proving it works, Don Barber's is just one.
NOTE 1: The files are in http://openoffice.org format
NOTE 2: If your browser don't open open office format, right click and save to a folder/desktop
- Mail "nice offer & demands” (NOAD) certified mail to the bank and STOP the Foreclosure. (NOTE: When the bank gets your NOAD, they will begin to squirm and call you names, let me know what they say and I will provide the antidote to whatever bullshit they throw your way. You're just "asking for the entire file" (NOAD).
- By mailing "nice offer & demands” certified mail to the bank, the Monthly Payment “requirement” will STOP…, No More Monthly Payments! (how much would you save? – I’ll help you all the way). (NOTE: When the bank gets your NOAD, they will begin to squirm and call you names, let me know what they say and I will provide the antidote to whatever bullshit they throw your way.You're just "asking for the entire file" (NOAD).
- 30 days later, file "3-Page Petition" at the court house together with "EXHIBIT X - MEMORANDUM OF LAW" and EXHIBIT “Q” (Copy of "nice offer & demands” (NOAD), use the legal system, to your advantage (finally), and end up with your house Free & Clear. Prepare, print, and sign in from´nt of a notary (notarize) the "3-Page Petition" and "EXHIBIT X - MEMORANDUM OF LAW" in case you need it (NOTE: if you are in a judicial state, getting sued by the bank in court for foreclosure, use the "3 page Petition as Defendant" Instead and make sure all documents shows YOU as the DEFENDANT) (NOTE: When the bank gets served with your filed 3 page petition, they know they are doomed, they will begin to squirm like fish out of water, they will call you names and the Judge may even agree ewith them because the Juudge is an idiot catering to the corrupt banking industry, which is unconstitutional and violates due process, let me know what they say and I will provide the antidote to whatever bullshit they throw your way. If they ignore your demands and they foreclose anyway, don't panic, it is illegal and unlawful to foreclose without validating their claim, they just committed another felony, use "3 Page Petition After The Forc Sale" to get your house / building back. Keep pushing it until a Judge that actually follows the law hears it? Whaaaat? You actually thought all Judges are there upholding the law and that Banks play by the rules? Welcome to REALITY baby, lol.