Monday, May 3, 2010

IT'S NOT TOO LATE IF YOUR HOME HAS BEEN STOLEN, FILE TO VACATE THE JUDGMENT

DO YOU SUSPECT FRAUD?
Move to Vacate the Judgment
for Lack of Subject Matter Jurisdiction
Over The Case.


Subject Matter Jurisdiction can be invoked for cases where fraud has been used by the lender to win their case against a homeowner.  90% of foreclosure cases docs have had to be created because when mortgage loans were securitized the NOTES were liquidated, a requirement prior to the bundling of these thousands of mortgages into a master pooling and servicing agreement to be sold in pieces to investors.

So, now,  when a homeowner learns an entity did not have a right to foreclose because they did not own the note, or perhaps they did own the note but failed to register it with the county register of deeds, or they held a false or altered assignment, or any number of other fraudulant "acts" they should take the matter back to Court a move to vacate the judgment.

The foreclosing entity must prove they own BOTH the Promissory Note and the Mortgage, these two work together.  The Promissory Note enables the owner of the Mortgage agreement to enforce the terms and conditions of that mortgage Agreement.  Without the Note the mortgage can not legally be enforced.  And the note without the mortgage is a nullity.  Lenders often squeeze through the Court because homeowners do not understand this, and they neglect to question this important NOTE ownership.  Assignments of mortgage are frequent.  Assignments of NOTES absolutely are not.    THE SEPARATION OF THE NOTE AND THE MORTGAGE RENDERS THE MORTGAGE UNENFORCEABLE IN EVERY INSTANCE.  THERE ARE NO EXCEPTIONS.  And once the note and mortgage have been separated, they can not be subsequently assigned.  Once separated they are VOID, UNENFORCEABLE AND WITHOUT VALUE.

Subject matter jurisdiction can never be time barred so it can be filed to vacate a judgment at any time.

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