Pro Se Primer 101 – No. 2 – Security Instrument: Pivotal In Your Fight Against Foreclosure Fraud

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Judge: [responding to a Borrower]

Mr. Borrower, at Cornell University they have an incredible piece of scientific equipment known as the Tunneling Electron Microscope. Now, this microscope is so powerful that by firing electrons you can actually see images of the atom, the infinitesimally minute building blocks of our universe. Mr. Borrower, if I were using that microscope right now, I still wouldn’t be able to locate my interest in your problem.

The Frasier TV series.

Does “The Security Instrument” even sound like part of your home loan? If you go to court your Pretender/Lender is going to claim that you signed it with your eyes wide open. What the heck is it then, right? Well it is the key piece in EVERY SINGLE ILLEGAL FORECLOSURE since the middle 1990s.

In the first “Pro se Primer 101 of Terms You Need to Know to Fight Illegal Foreclosures, which can be found which can be found on this website, I described the relationship of the “Essential” document (instrument really, but this is a Primer 101) which is the Promissory Note and how it represents the debt that you owe.

You allegedly signed both the Promissory Note and the Security Instrument (mortgage or deed of trust) at your closing. But I’m sure 99% of my readers did not know which document it was and if they saw it again they would not recognize it as theirs.

But, this Security Instrument is the only document used by these genius attorneys on behalf of the Fictitious Payee (real legal term) to throw you and your family into the streets. They used it to foreclose on borrowers and not only is that illegal it is unbelievably stupid. But, it has worked against unsuspecting borrowers approximately 20 million times.

You see, what the Security Instrument is intended to do is follow your Promissory Note around and it is the rule book for your loan. It describes your loan. It describes that the Promissory Note and it 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 the parties can and can’t do if you are unable to pay off your loan.

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

Still the only claim that I have ever seen by these “foreclosing Parties” is that they were assigned the Security Instrument and that means they can take your house.

That is not true. But nearly every foreclosure in the last 20 years was done by invoking the assignment of the Security Instrument.

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

But Judicial Foreclosure states they call the Security Instrument in their states a mortgage. So you folks living in those states have a home loan which consists of the Promissory Note and a mortgage. Of, course this is confusing.

Now, I’m going to confuse you even further. The Security Instrument in Non-Judicial states is called a Deed of Trust.

I won’t be able to straighten all of this out in this one Primer. 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 workout.

Let’s talk about the word deed. Lots to confuse you there. The word Trust has three different meaning. You can see it coming from everywhere there. I will get to those right away. I know you are curious.

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

This might help. I say it all the time.

‘When you make a house payment, you are not paying off your house, as we say. When you make a house payment, what you are really doing is purchasing back your Promissory Note that was signed by you.

But, it’s the judges that are getting fooled. The “assignment of a mortgage” sounds like the assignment of a home loan, but IT IS NOT. In fact you can’t assign the mortgage. It belongs to the Promissory Note. So, the assignment of a mortgage doesn’t do anything because the Promissory Note does not follow a mortgage (security instrument). But a mortgage always follows the Promissory Note.

I promise you I am right. If you were foreclosed after 1995 there was no real Promissory Note anywhere and your foreclosure was based on the assignment of a mortgage in Judicial States. Not because that is legal. It is, in fact, not legal at all. It simply cannot be done.

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

The majority of the judges in America either (1) never read the laws concerning loaning money, (2) Are too stupid (pardon me, but there is no other way to say it) to understand basic American law even if they read it, or (3) Are prejudiced and biased and the attorneys of this country (which every one knows is a cult like the one Kevin Bacon’s character Ryan Hardy fights in “The Following) will not challenge the judges when they are wrong. So, go read all the law you want. Call me, like my clients do and tell me you found some more good law you want to show me.

Our laws aren’t bad and my clients aren’t duped. It is, beyond a doubt, the very players that we trust and that we should be able to trust, and we cannot trust that have displaced twenty million American families turning them into essentially refugees. If there are about 3 people average in every family, The that is 60 million American refugees. More than all of the trouble spots of the world put together. It is 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 non-judicial foreclosure provisions in their state laws; however, judicial foreclosure lawsuits are common

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

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