Who's on first and how do they get there?

 

THE “D2D” WILL ALWAYS START THEIR LIFE DEBT POSTURE AT A DISADVANTAGE.  BECAUSE THE BUSINESS OF DEBT IS NEVER TAUGHT AT ANY LEVEL OF “FORMAL EDUCATION”. 

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There is ONLY a “General Social Conditioning Consensus”, “If you borrow money you must pay it back”.  The problem with this statement is that it doesn’t complete the process, or the detail involved with the life of the debt obligation (aka the Life of the Loan).

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THE JUSTICE SYSTEM: “The debtor owes money NOT to the world at large but to a particular person or institution, and ONLY the person or institution entitled to payment may enforce the debt by foreclosing on the security.”  Yvanova, the Supreme Court of California (2016)

 

The life of loan path must deliver to each subsequent party "a lawful possession of a tangible interest".  Now the question should be how does the beneficial interest in a subject property move from entity to entity?  How do we identify the bona fide "Beneficial Interest Claimant"?

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It's all in the paperwork. 

It's all in the paperwork. 

It's all in the paperwork.

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Let's call the requisite paperwork to real property claims "Definitive Documents".  These are the equivalent of a vehicle "PINK SLIP".  No one in our social community would ever buy a vehicle without presentation of ownership through evidence of the original "PINK SLIP". 

 

• The Department of Motor Vehicles in all 50 States DO NOT ACCEPT copies of these ownership documents.

 

However, it appears that REAL PROPERTY DOCUMENTS do not have the same strict requirements.  HUMMMMMM!  DO NOT BE FOOLED!  The court system does have its STANDARD, but the "standard" MUST BE raised in any claim or action in a Court of Law or Court of Equity.

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Let us introduce you to the "DEFINITIVE DOCUMENT" standard of the 9th CIRCUIT COURT OF APPEALS.  THIS STANDARD IS WHERE YOU MUST BEGIN YOUR DEFENSE OR OFFENSE.

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BRANDRUP (2014) & NIDAY (2012):

(9th Circuit Court of Appeals 2014)

 

• BRANDRUP makes clear, the district court correctly held that MERS was not the beneficiary under plaintiffs’ deed of trust, because it is neither a lender nor the lender’s successor in interest.

  • BRANDRUP requires BOA to establish with “definitive documentation” that it is the true beneficiary under plaintiffs’ deed of trust. Id.; see also Niday v. GMAC Mortgage, 302 P.3d 444,454 & n.8 (Or. 2013) (suggesting that the relevant inquiry may be whether the foreclosing party is the “person entitled to enforce the note”).

 

• DEFINITIVE DOCUMENTS mean the documents (including any related agreements, instruments, schedules or exhibits) that are necessary or desirable to implement, or otherwise relate to, the Restructuring, including an Agreement, which shall be in form and substance reasonably satisfactory to the Requisite Creditors.

 

• ACCORDING TO THE COURT, the foreclosing party needs to come forward with ADMISSIBLE EVIDENCE demonstrating who presently possesses the note, who owns the note, and how those interests were acquired from the original lender.

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POSTURE A Standing Objection to any and all documents being used by Beneficial Interest Claimants as proof of the truth of the matter stated (hearsay, lack foundation & best evidence), as they (the conveyance documents) are currently being adjudicated as to their veracity and concurrently as to their ability to convey any lawful interest in the subject property.

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Here are some of the common documents being used by the Interlopers (aka the Parents of Ghost Claimants) for proof of the truth of the matter stated.

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• Deed of Trust/Mortgage (aka Security Instruments)

• Promissory Note

• Debt Obligation (Legal Concept)

• Notice of Default

• Assignment of Deed of Trust

• Negotiation of Promissory Note

• Allonge to Promissory Note

• Substitution of Trustee

• Notice of Trustee Sale

• Trustee Sale Deed

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The right to collect and the right to enforce are NECESSARY ELEMENTS to a LENDERS posture.  These are the only specific ways they (lender) can prove their rights and until you challenge their claims, the claims prevail.  

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This brings us to the definitive question of responsibility and we have a property to save.

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[Season 1, Episode 6]

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