First Lawsuit:
Our escapade from bankster
fraud began after refinancing in May of 2005 for hurricane damage in South Florida during 2004.
Due to predatory lending practices of Washington Mutal Bank [WaMu], $10,000 for a REFI and violations of TILA, RESPA, HOEPA, FDCPA,
Breach of Contract and Fraud, we filed suit in US District Court, Renfrow vs WaMu et.al., in March 2008.
We filed the suit ourselves, hired, and fired several attorneys for incompetance and malpractice, finally wining the case with no representation.
In our Complaint, we rescinded the loan due to TILA violations. We did this in the Complaint so they could not deny, as they were Served.
Right to Rescind extends to 3 years for TILA violations, under
15 USC 1635.
The Code of Federal Regulations which gives that statute force and effect at law is
12 CFR 226.23[d][1-3], backed up by the Supreme Court of the United States [SCOTUS] in the
Jesinoski case. Here is what Justice Scalia wrote;
"The receipt of the rescission notice means there is no more
mortgage and there is no more note until a court says otherwise.
And the court can’t say otherwise unless the “lender” brings
a lawsuit to challenge the rescission within 20 days of receipt.
Since there have been no such lawsuits filed to my knowledge it
therefore appears to me that all notices of rescission that
were ignored or “rejected by letter” had the effect of making
the mortgage and note permanently void by operation of law
without any lawsuit needed to enforce that presumption."
Justice Antonin Scalia, in Jesinoski v. Countrywide Home Loans, Inc.
Could this be the banksters "achilles heal"!? Accordingly our Note & Mortgage is VOID at Law, and we owe nothing.
That is called Remedy at Law. The Bank has 20 days upon Notice of Rescission, to effectuate and reflect the change in the Records (and in our case they failed to do so),
or to contest and file an action. But they were already in our action. In Defendant's Answer to our Complaint,
WaMu asked the US District Court to allow the principal to remain in place. The Judge could not, and did not,
allow as it was already rescinded (read Supreme Court Justice Scalia's response in the Jesinoski case - Note he died suspiciously soon after).
We won that case based on Fraud, Damages based on TILA violations, and to Quiet Title. However, it was against the original mortgage broker,
who was shut down by the State of Florida, so we could not collect. But we will attempt to attach to the Defendants in our Quiet Title Action (see 4th Lawsuit below)
as all Assignees are subject to and liable to the Rescission rights to same extent as original lender - 15 USC 1641(c),
Belini v. WaMu, FA, 412 F.3d 17, p. 28 (1 st Cir. 2005).
2nd and 3rd Lawsuit:
Meanwhile during the pendency of that case, in September 2008, the Office of Thrift Supervision, in what was by far the largest bank failure in American history,
seized WaMu and placed it into receivership. JP Morgan Chase Bank [JPMCB] then bought most banking operations of WaMu from the receivership of the FDIC.
JPMCB, on behalf of Wells Fargo Bank, then sue for Foreclosure in FL State Court circumventing our due process in the US District Court.
Not one Foreclosure, but twice - dismissing both cases as they had No Standing.
This of course damages us by having to Defend against such Fraud on us, and the Court.
They also filed an "Assignment of Mortgage" in the Records slandering our Title. It was created by the lawfirm of Marshall C Watson who was shut down for fraudulently
Robo-signing documents for these "pretender lenders". The Remedy at Law mentioned above,
biased judges and attorneys refer to as "a free house". Nothing could be further from the truth! Our attorney did not even "object".
I also found out the Judge had investments in, and a loan with, JPMCB. Of course ... he would not recuse himself from our case.
They claimed our Note went into a "REMIC Trust".
These so called trusts, are securitized trusts proving on the face of their Complaint, bifurcation (meaning to separate).
Under SCOTUS Carpenter vs Longan, 83 US 271 140+ years standing,
and in Florida under Vance vs. Fields (172 So. 2d 613 (Fla. 4th DCA 1965)),
"The note and mortgage are inseparable; the former as essential, the latter as an incident. An assignment of the note carries the mortgage with it, while an assignment of the latter alone is a nullity."
You cannot separate the note from the mortgage. So, what good is an "assignment of mortgage"?
Once a note is securitized it is no longer a note ... it is a "security" which comes under "securities law".
One must ask - Why do Judges want to ignore these most basic understandings and facts? Can you say conspiracy boys and girls? Or, are they just ignorant ... as in ignoring it? Same thing - right?
It has also been shown, that once it is securitized the original note is destroyed. For why, and proof, see State Street Bank and Trust Company v. Lord, 851 So. 2d 790 (Fla. 4th DCA 2003)
and the
Florida Bankers Assoc Comment Letter. Is the reason they file their Complaints with "Lost Note Affidavits",
hoping the ignorant judge will overlook this obvious attempt to perpetuate fraud on the court? Duh! Believe it or not, we've had lawyers tell us,
"judges don't care about the law"! What?!? Without Law, you have chaos - period!
4th Lawsuit:
Our current situation, as of April 2019, we as Plaintiffs are represented in FL State Court in a Quiet Title action, filed Nov. 2018,
against JP Morgan Chase Bank NA, Wells Fargo Bank NA, Chase Home Finance LLC, and Freddie Mac, as
Res Judicata we have
already won and there is no Note or Mortgage. Defense attorney is attempting to settle out of Court in our 4th case, but is refusing to
provide compensation for our attorney fees, damages, or monetary award granted by our win in U.S. District Court.
Since WaMu failed, we are entitled to the award because servicers have liability under RESPA: see 12 U.S.C. §2605(c), (e), (f),
and may be liable for unfair and deceptive trade practices if it calculates and/or collects incorrect amounts, as in our case.
[See Sundance Apts. I, Inc. v. Gen. Elec. Capital Corp., 581 F. Supp. 2d 1215 (S.D. Fla. 2008)] Furthermore, they also want us to agree to keep silent - hence the need to finally upload this article.
As of the last week of April, we have filed a Motion for Default, due to the fact, 5 months later, they have failed to file their Answer within 30 days of our Complaint.
Bottom line, after 11 years, approx. $100,000 later .. we are still waiting for Justice in America,
to be able to close on the sale of our house and move on with life after interruption by the
Luciferian Bankster Cartel fraud [see my PSP book]
and their unconstitutional and illegal Babylonian Ponzi Money Scam [see my NMT book - NO MORE TAXES]!
During this time, many cases have come and gone, yet ours still lingers. In fact, many banks have been shut down by the FDIC,
see Full List here,
layed off their employees, merged, or went out of business since 2008, due to the Crash from which we are still attempting to recover.
The U.S. Government bailed out the Big Banks, as well as other globalist conglomerates around the world, including insurance giant AIG, with the
"Emergency Economic Stabilization Act". Thus placing the burden on the backs of US taxpayers - meaning, sending you into
deeper debt. Apparently every U.S. family owes the Federal Reserve Corp. over $872,160.
This does not however, include "Unfunded Liabilities",
so muliply that figure by three. Suffice it to say, You are in-fact an indentured slave. All predicated on a Fraud! See my NMT book -
NO MORE TAXES.
Here are some of the recent lawsuits against these Banksters!
The False Claims act is the primary law the government uses to prosecute
vendors it feels fraudulently represented themselves while doing
business with the nation.
CFPB Orders Amerisave To Pay $19.3 Million For Bait-And-Switch Scheme.
The U.S. Bank P.O. Box Class Action Lawsuit is Gibson, et al. v. U.S. Bank NA, Case No. 1:19-cv-00538-DAP, in the U.S. District Court for the Northern District of Ohio.
US Banks agree to pay $25 Billion in homeowner help.
The list is growing regarding companies that settled with the government
over FHA lending violations, including Wells Fargo, which recently agreed to a $1.2 billion settlement.
Franklin American, settles with the government for $70 million.
Bank of America to Pay $16.65 Billion in Historic Justice Dept. lawsuit.
Walter Investment, settled for $29.6 million for False Claims Act violations.
First Tennessee, the regional bank for First Horizon National,
settled for $212.5 million for faulty underwriting.
WELLS FARGO INVOLVED IN MUTIPLE CLASS ACTION LAWSUITS
A $142 Million Settlement Wells Fargo Fake Account Class Action. And here is how you can File a Claim.
Wells Fargo $110 Million Settlement in 2017.
Wells Fargo Settles for $480 Million in Class Action by Investors for Securiies FRAUD.
JP MORGAN CHASE BANK INVOLVED IN MUTIPLE CLASS ACTION LAWSUITS
Wage & Hour Class Action Settlement - $8.3 Million.
JP Morgan Settles for $2.25 Million for TCPA Class Action violated federal law when it used “robocalling” as a part of a marketing scheme to contact consumers without their permission. and Here.
JP Morgan Chase Class Action for Overcharging Crypto Buyers.
JP Morgan Chase Pays BILLIONS in Fines for Mortgage FRAUD.
Massachusetts federal court alleges that defendant JPMorgan Chase Bank
NA acted improperly in foreclosing on mortgages and
selling foreclosed properties without authorization to accelerate such
proceedings.
Coral Gables Attorney Secures $4.6 Million Settlement Against
JP Morgan Chase Bank for overlooking suspicious activity of businessman
who lured investors into a muli-million investment trap.
JP Morgan Chase Bank in Discrimination Lawsuit again!
JP Morgan Chase Settles for $16.7 Million to Branch Mgrs.
JP Morgan Chase Sued for Wrongful Death
Michael A. Lorig suffered from depression and mental illness, and the
bank pressured him to retire rather than granting a long-term disability
so he could be treated, according to the lawsuit filed in Manhattan
federal court.
ERISA class-action lawsuit against J.P. Morgan Chase alleging a breach
of fiduciary duty in its stable value fund by a class of participants
has been settled for $75 million.
National Consumer Law Center files 5 Class Action Lawsuits
Five class action suits on behalf of Massachusetts residents
to challenge the way the nation's major banks and mortgage servicers are
implementing the Home Affordable Modification Program. The lawsuits cite
the failure of Wells Fargo Bank, Bank of America, Litton Loan Servicing,
Citimortgage, and J.P. Morgan Chase Bank to honor their written
agreements with homeowners seeking a loan modification.
There are many, more. Do a word search, always using Startpage.com "Bank lawsuits payout Billions". Also see, Where Did All the Money Go. Also see this article, reposted at CFLA - New Plan to Make Wall Street Pay for Creating the Financial Crisis, by Rev. Jessie Jackson, Sr.
If you find yourself wondering if there has been fraud, or TILA violations with your loan, I recommend you consider getting a Forensic Mortgage Audit performed by CFLA. You should at least consider a COTA-Chain of Title Assessment. As always, do you homework first! And ... Good Luck finding an accomplished, capable attorney.
Wake Up and Smell the Stench.
At some point the masses must wake-up and demand, whom the bible refers to as the
“Rich Men of the Earth”, be brought to justice for their crimes against nature and mankind.
The final reckoning may soon be upon us all. Mankind has to make a choice, as relying on
government always results in failure.
CHANGE IS COMING ...
BE A PART OF IT - VISIT National Liberty Alliance,
take the Free Constitution Course, the Civics Course, and get involved to take back our Republic.
