Guy Te
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Hi, this is Guy Te here. Some major events have occurred in the favor of people fighting foreclosure who were wrongfully foreclosed on and have been put out of their homes, or who want to start or continue fighting foreclosure and recover damages and/or keep or get their home back if possible. And also I want to talk about something that can benefit everyone regarding their land even if not in foreclosure.
In the following brief email news and research report I am going to talk a little about:
1. The down fall of MERS and a major court decision and how that benefits people/you
2. The Down fall of the Securitization Process and a second major court decision and how that benefits people/you
3. The Land Patent and and a numerous court decisions, and how that benefits people/you
Without Prejudice
Guy Te
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Special News Report:
Important - It Appears MERS is on the Way Down from its High Position and Some Banks Too Hint Hint
First, if after reading this If you need help or are in contact or want to contact those that needs help to stop foreclosure now is the time to take advantage of the weakened position that the banks are starting to be put in at the courts. One attorney said as you will see below the door is opened to make it possible for many people who have been foreclosed on to recover their homes according to reuters news. Call me at 772 249 3151 and please by all means if you so desire pass this email along to your friends and family just in case someone needs help to stop foreclosure or wants help to establish more excellent ownership rights over their land and property. You can also visit http://help-to-stop-foreclosure.net/ <http://help-to-stop-foreclosure.net/> or http://thereluctantprophet.net/ <http://thereluctantprophet.net/> and fill out a form to contact me; or email guyte@desktoprevealer.net <http://us.mc1216.mail.yahoo.com/mc/compose?to=guyte@desktoprevealer.net> .
1.
It appears MERS is on the Way Down from its High Lofty Securitization Profit Funnel Position in the banking industry and it makes one wonder if certain banks aren't far behind.
In a recent court ruling by the Massachusetts Supreme Court in US Bank National Association v. Ibanez - No. SJC – 10694 et al., (October 7, 2010 – January 7, 2011) the court held that the common industry practice of assigning a mortgage "in blank," meaning without specifying to whom the mortgage would be assigned until after the fact does not constitute a proper assignment. In addition the Court further held that, without proof of a proper assignment to a party foreclosing prior to the initiation of the foreclosure proceedings, and without proof that the party from whom the mortgage was assigned is holder of the mortgage at the time of such assignment, such proceedings to foreclose are deficient and the trustees cannot not rely on assignments after the fact to cure deficiency.
You can read these news articles:
http://foreclosureblues.wordpress.com/2011/01/08/massachusetts-supreme-court-hands-down-ruling-in-ibanez-invalidates-postforeclosure-assignments-and-assignments-in-blank-isaac-gradman/ <http://foreclosureblues.wordpress.com/2011/01/08/massachusetts-supreme-court-hands-down-ruling-in-ibanez-invalidates-postforeclosure-assignments-and-assignments-in-blank-isaac-gradman/>
"I'm ecstatic," Glenn Russell, a lawyer for the LaRaces, said in an interview. "The fact the decision applies retroactively could mean thousands of homeowners can seek recovery for homes wrongfully foreclosed upon."
http://www.reuters.com/article/2011/01/07/us-usa-foreclosures-ruling-idUSTRE7063M620110107?pageNumber=3 <http://www.reuters.com/article/2011/01/07/us-usa-foreclosures-ruling-idUSTRE7063M620110107?pageNumber=3>
2.
Secondly also, due to a Judge's ruling where Judge Robert Grossman found that MERS has no right to transfer mortgages, MERS appears to have proceeded with the logical next step to dismantle much of a banks needs for its services and, therefore, it is likely on its way out of the mortgage scene and/or existence.
"U.S. Bankruptcy Judge Robert E. Grossman in Central Islip, New York, in a decision he said he knew would have a “significant impact,” wrote that the membership rules of the company’s Mortgage Electronic Registration Systems, or MERS, don’t make it an agent of the banks that own the mortgages.
“MERS’s theory that it can act as a ‘common agent’ for undisclosed principals is not supported by the law,” Grossman wrote in a Feb. 10 opinion. “MERS did not have authority, as ‘nominee’ or agent, to assign the mortgage absent a showing that it was given specific written directions by its principal.”"
http://www.bloomberg.com/news/2011-02-14/merscorp-has-no-right-to-transfer-mortgages-u-s-judge-says.html <http://www.bloomberg.com/news/2011-02-14/merscorp-has-no-right-to-transfer-mortgages-u-s-judge-says.html>
Reportedly Merscorp Inc., which operates the electronic-registration system, contains about half of all U.S. home mortgages, but I think it is probably significantly more since almost no "Promissory Notes" have been recorded in county records in most states over the last ten (10) years of so, and the ones that don't openly record MERS as part of the transaction in the document(s) have to be recorded somewhere, and likely not properly, hint, hint.
There is a MERS proposed amendment to Membership Rule 8. The amendment will require MERS Members not to foreclose using the MERS’ name. There is a 90-day comment period on the proposed Rule which is consistent with the MERS Membership Rules. During this period MERS is requesting that Members do not commence foreclosures in MERS’ name.
http://www.zerohedge.com/article/mers-exits-stage-left-tells-members-not-foreclose-mers-name <http://www.zerohedge.com/article/mers-exits-stage-left-tells-members-not-foreclose-mers-name>
3.
Lastly, Land Patent Updates are a good way for all homeowners, whether going through foreclosure challenges or not to help protect their interest and possessory rights over their property and home. In areas across the county I have heard of there being varies possible benefits from properly updating a land patent into the landowners name for the portion of land that has been assigned/deeded to them. Depending on local and state laws some people have seen property tax relief, zoning regulations relief, privacy relief, and various types of relief from governmental or some other party's interference with the use of ones property. These types of benefits and more are possible with a properly done land patent update. So check it one online for yourself and give me a call with questions about how to do it right according to my research. Here are some case law that talk about land patents and there benefit to the landowner. This is what the courts have said, to my understanding and research.
Land Patents are based on treaties and the supremacy clause of the Constitution, Article six paragraph two and with the support of paragraph three;
"This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."
"The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States."
Bouvier's Law Dictionary - 1856 Edition:
TREATY, international law. A treaty is a compact made between two or more independent nations with a view to the public welfare treaties are for a perpetuity, or for a considerable time. Those matters which are accomplished by a single act, and are at once perfected in their execution, are called agreements, conventions and pactions....
...
4. A treaty is declared to be the supreme law of the land, and is therefore obligatory on courts; 1 Cranch, R. 103; 1 Wash. C. C. R. 322 1 Paine, 55; whenever it operates of itself without the aid of a legislative provision; but when the terms of the stipulation import a contract, and either of the parties engages to perform a particular act, the treaty addresses itself to the polit-ical, not the judicial department, and the legislature must execute the contract before it can become a rule of the court. 2 Pet. S. C. Rep. 814. Vide Story on the Constitut. Index, h. t.; Serg. Constit. Law, Index, h. t.; 4 Hall's Law Journal, 461; 6 Wheat. 161: 3 Dall. 199; 1 Kent, Comm. 165, 284.
5. Treaties are divided into personal and real. The personal relate exclusively to the persons of the contracting parties, such as family alliances, and treaties guarantying the throne to a particular sovereign and his family. As they relate to the persons they expire of course on the death of the sov-ereign or the extinction of his family. Real treaties relate solely to the subject-matters of the convention, independently of the persons of the contracting parties, and continue to bind the state, although there may be changes in its constitution, or in the persons of its rulers. Vattel, Law of Nat. b. 2, c. 12, 183-197.
Land Patent help establish a form of allodial title, which is what American land ownership is suppose to be, but this form of ownership has be deceptively taken away from the people:
For the meaning of Allodial Blacks Law Dictionary say’s check the 2nd Edition. Pg. 60, 3rd Edition. Pg. 96, 4th Edition. Pg. 100, 5th Edition. Pg. 70, 6th Edition Pg. 76.
"Free; not holding of any lord or superior; owned without obligation of vassalage or fealty; the opposite of feudal. Barker v. Dayton, 28 Wis. 384; Wallace v. Harmstad, 44 Pa. 499."
7th Edition. Pg.76. "Held in absolute ownership; pertaining to an allodium."
8th Edition Pg. 83 "Held in absolute ownership; pertaining to an allodium. Cf. FEUDAL. — Also spelled alodial. The term allodial’ originally had no necessary reference to the mode in which the ownership of land had been conferred; it simply meant land held in absolute ownership, not in dependence upon any other body or person in whom the proprietary rights were supposed to reside, or to whom the possessor of land was bound to render service. It would thus properly apply to the land which in the original settlement had been allotted to individuals, while bookland was primarily applicable to land the title to which rested on a formal grant. Before long, however, the words appear to have been used synonymously to express land held in absolute ownership, the subject of free disposition inter vivos or by will." Kenelm E. Digby, An Introduction to the History of the Law of Real Property 11—12 -5th ed. 1897."
Check one of theses - Black's 2nd Edition Pg. 60, 3rd Edition Pg. 96, 4th Edition Pg. 100, 5th Edition Pg. 70, 6th Edition Pg. 76:
Allodium. "Land held absolutely in one’s own right, and not of any lord or superior; land not subject to feudal duties or burdens. An estate held by absolute ownership, Without recognizing any superior to whom any duty is due on account thereof. 1 Washb. Real Prop. 16. McCartee v. Orphan Asylum, 9 Cow., N.Y. 511, 18 Am. Dec. 516."
Check the 7th Edition pg. 76, 8th Edition Pg. 83 "Allodium (a-lob-dee-am), n. An estate held in fee simple absolute and termed alod; alode:
‘In this country, one who has full ownership of land is said to own it allodially — that is, free of feudal services and incidents.’ Thomas F. Bergin & Paul 0. Haskell, Preface to Estates in Land and Future Interests 18 (2d ed. 1984)."
Also Check - Bouvier’s Dictionary 1856 Edition:
"Allodium estates. Signifies an absolute estate of inheritance, in contradistinction to a feud. 2. In this country the title to land is essentially allodial, and every tenant in fee simple has an absolute and perfect title, yet in technical language his estate is called an estate in fee simple, and the tenure free and common socage. 3 Kent, Com. 390; Cruise, Prel. Dis. c. 1, 13; 2 Bl. Com. 45. For the etymology of this word, vide 3 Kent Com. 398 note; 2 Bouv. Inst. n. 1692."
The language within the Land Patent gives you your rights as an assign, it says something to the effect of "and assigns forever". The Founding Fathers gave people absolute control of their property under God, they called it Sovereignty in numerous court cases also. Now today, you as a deed holder with possessory right (attempts to unlawfully take away those rights notwithstanding) can update your portion of the original land patent into your name and exercise the language within patents the Founding Fathers created and gave you by saying in the patents the rights to ownership secured the patented rights to the patent holders and their "heirs and assigns forever," or wording like or similar to that.
Deed Give only Semblance or Color of Title Not True Title at Law as Described by Law Dictionary and Court Cases Below:
Blacks Law 4th Edition:
"COLOR OF TITLE. The appearance, semblance, or simulacrum of title. Also termed "apparent title."
Any fact, extraneous to the act or mere will of the claimant, which has the appearance, on its face, of supporting his claim of a present title to land, but which, for some defect, in reality falls short of establishing it. Howth v. Farrar, C.C.A. Tex., 94 F.2d 654, 658; Saltmarsh V. Crommelin, 24 Ala. 352.
"Any instrument having a grantor and grantee, and containing a description of the lands intended to be conveyed, and apt words for their conveyance, gives color of title to the lands described. Such an instrument purports to be a conveyance of the title, and because it does not, for some reason, have that effect, it passes only color or the semblance of a title." Brooks v. Bruyn, 35 Ill. 392.
"Color of title" is not synonymous with • ‘claim of title." To constitute "color of title" there must be a paper title to give color to the adverse possession, whereas, a "claim of title" may be shown wholly by parol Walton V. Slkes, 165 Ga. 422, 141 S.E. 188, 190."
The following types of deeds are color of title instrument: warranty deed, quit claim deed, sheriffs deed, trustee’s deed, judicial deed, tax deed, wig or any other like instrument that purportedly conveys the title. These documents state that they convey ownership to the land, but these, however, are actually a color of title, see G. Thompson, Title to Real Property, Preparation and examination of Abstracts, Ch. 3, Section 73, p.93 (1919). A color of title is that which in appearance is title, but which in reality is not title. Wright v Mattison, 18 How. (U.S.) 50 (1855)."
"A warranty deed is like any other deed of conveyance. Mahrenholz v County Board of School Trustees of Lawrence County1 et. al., 93 Ill, app. 3d 366 (1981). A warranty deed or deed of conveyance is a color of title, as stated in Demosey v Burns, 281 Ill. 644, 650 (1917) (Deeds constitute colors of title); see also Dryden v Newman, 116 111. 186 (1886) (A deed that purports to convey interest in the land is a color of title); Hinckley v Green, 52 Ill. 223 (1869) (A deed which, on its face, purports~to convey a title, constitutes a claim and color of title); Busch v Huston, 75 Ill. 343 (1874); Chicking v Failes, 26 Ill. 508 (1861). A quit claim deed is a color of title as stated in Safford v Stubbs, 117 ILL. 389 (1886); see also Hooway v Clark, 27 ILL. 483 (1861) and McCellan v Kellogg, 17 Ill. 498 (1855). Quit claim deeds can pass the title as effectively as a warrant with full covenants. Grant v Bennett, 96 Ill. 513, 525 (1880); See also Morgan v Clayton, 61 Ill. 35 (1871); Brady v spurck, 27 Ill. 478 (1861); Butterfield v Smith, 11 Ill. 485 (1849). Sheriffs deeds also are colors of title. Kendrick v Latham, 25 Fla. 819 (1889); as is a judicial deed, Huls v Buntin, 47 111. 396 (1865). The Illinois Supreme Court went into detail in its determination that a tax deed is only color of title. “There the complainant seem to have relied upon the tax deed as conveying to him the fee, and to sustain such a bill, it was incumbent of him to show that all the requirements of the law had been complied with.” A simple tax deed by itself is only a color of title. Fee simple can only be acquired through adverse possession via payment of taxes; claim and color of title, plus seven years of payment of taxes. Thus any tax deed purports, on its face, to convey title is a good color of title. Walker v Converse, 148 Ill. 622, 629 (1894); see also Peadro v Carriker, 168 Ill. 570 (1897); Chicago v Middlebrooke, 143 Ill. 265 (1892); Piatt County v Gooden, 97 Ill. 84 (1880); Stubblefield v Borders, 92 Ill. 570 (1897);
Coleman v Billings, 89 Ill. 183 (1878); Whitney v Stevens, 89 Ill. 53 (1878); Thomas v Eckard, 88 III. 593 (1878); Hollowav v Clarke, 27 Ill. 483 (1861). A will passes only a color of title. Baldwin v Ratcliff, 125 Ill. 376 (1888); Bradley v Rees, 113 Ill. 327 (1885) (A wig can pass only so much as the testator owns, though it may attempt to pass more). A trustee’s deed, a mortgages and strict foreclosure, Chickerin~ v Failes, 26 Ill. 508, 519 (1861), or any document defining the extent of a disseisor’s claim or purported claim, Cook v Norton, 43 Ill. 391 (1867), all have been held to be colors of title. In fact, “(t]here is nothing here requiring a deed, to establish a color of title, and under the former decisions of this court, color or title may exist without a deed.” Baldwin v Ratcliff, 125 Ill. 376, 383 (1882); County of Piatt v Goodell, 97 Ill. 84 (1880); Smith v Ferguson, 91 Ill. 304 (1878); Hassett v Ridgely, 49 111. 197 (1868); Brooks v. Bruyn, 35 Ill. 392 (1864); McCagg v Heacock, 34 Ill. 476 (1864); Bride v Watt, 23 Ill. 507 (1860); and Woodward v Blanchard, 16111. 424 (1855). All of these cases being still valid and none being overruled, in effect, the statements in these cases are well established law. All of the documents described in these cases are the main avenues of claimed land ownership in America today, yet none actually conveys the true and allodial title. They in fact convey something quite different."
http://www.1215.org/lawnotes/lawnotes/landpatent/08.rtf <http://www.1215.org/lawnotes/lawnotes/landpatent/08.rtf>
Color of Title is similar to or like a presumption of title, or presumption of real title, and "color of title" stands as good title until the contrary is proved or better title is proven, such as with a land patent update title ownership being put in place by you. The Maxim of law is "A presumption will stand good until the contrary is proved;" and "All things are presumed to be lawfully done and duly performed until the contrary is proved." A land patent update can give you superior title to what the banks and others usually have in the form of various deeds and give you greater control and freedom over your land, and your property thereon.
Special types of Land Patents and Land Grants are something that can aid people in making their rightful claim over their property, to help prevent others from taking it unlawfully and unjustly. Land Patents provide superior title over other types of title commonly used by those trying to take property unfairly, and there are times when people have said they found legitimate land patents can, in conjunction with other things, help shield against unreasonable property seizures There are no guarantees of this, but as they say, "Nothing ventured, nothing gained.""
With the help you get updating a land patent into your name the patent can possibly yield significant property tax relief and zone regulations relief and relief from other government regulations and/or neighbor disputes, control or demands on your property and land, and more, all depending on the laws in your state and area.
Your Next Friend Law Research Help - God Bless!
Without Prejudice
In Christ - as He is so are we in this world, 1 John 4:17
Guy Te
