Statute of Limitations in Foreclosure....FREE HOUSES!

แชร์
ฝัง
  • เผยแพร่เมื่อ 10 ก.ย. 2024
  • The most important topic in mortgages and foreclosures...does the Statute of Limitations apply and will this result in "free" houses?
    This honestly is one of my favorite videos...just watch the way Judge Kevin Emas just hammers away and digs in deep into these questions...talk about fully engaged, with incredible command of facts and the law. Just think about how much preparation goes into an appeal like this...from all parties. Fantastic example of our legal system at work.

ความคิดเห็น • 173

  • @chadpreece970
    @chadpreece970 ปีที่แล้ว +4

    Once you sign the promissory note for qualification , before you sign the one at closing ask for a receipt or the security they sold to fund the loan, then after closing, do the same thing, read the contract and cross out terms or language you don't agree with, a promissory note is a negotiable instrument.

  • @susandutton4341
    @susandutton4341 6 ปีที่แล้ว +10

    Love this Judge, Citi Bank stole my house and over $15.000. I was part of a class action law suite against them and got back $1.79. Wow what a bunch of greedy criminals.

    • @empressempire183
      @empressempire183 ปีที่แล้ว +1

      What since did it make to do class actions when no class was there helping you buy it. Never do class actions just get the evidence of them having done wrong and file your own 😊

    • @TinaFaulk-ex9ty
      @TinaFaulk-ex9ty ปีที่แล้ว

      God Bless you! I need A Pennsylvania Attorney that goes after the trustee, the lawyers, and the BANK....NORTHWEST BANK!!!!!!! These fraudsters, yeah criminals they willingly knowing they are breaking the law and they are still doing it!!!!! They should be put behind bars!!!! How can these people sleep at night 🌙 😢😘😮❤🙏

    • @user-le5jy4nv1e
      @user-le5jy4nv1e 5 หลายเดือนก่อน

      What is maturity date? End of the loan? I guess! I’m thinking! Anyways

  • @susanhopemason
    @susanhopemason 8 ปีที่แล้ว +86

    People who say that the borrower should not get a free house, because they have borrowed money and then defaulted...apparently do not understand how the banking system actually operates. The "money" that the borrower borrows from a bank...DOES NOT EXIST, prior to the borrower signing the note, and then the bank literally transforms it into the actual "money" that the borrower is borrowing. Consideration is one of the conditions required, to make a contract valid and legally binding. A borrower, who believes...like most people do...that the money borrowed is real and pre-existing, and if that borrower pays his monthly payment for thirty years...the bank gets paid for that "loan"...which was created out of thin air...from literally...the borrows OWN CREDIT, 3 to 4 times, just from the borrower alone. The borrower puts up both the house, and his own future labor, as consideration. But the bank puts up NOTHING...and gets paid for that note many times over, even if the borrower defaults. In various different ways...the bank can get paid for each note, as many as 20 times over. So, essentially...people who believe that giving a borrower a free house...is a horrible and unjust thing...but apparently they must believe that it is fine for the bank to be paid many times over, for a loan of the borrowers own credit...which never existed before the borrower signed the note.

    • @quevicular
      @quevicular 8 ปีที่แล้ว +10

      Yep, all fraud from the get go. The banks dig into our unclaimed cestui que trust created at our birth and our pledge to secure the full faith and credit of the gov borrowing money from the IMF. Its a massive scam that has to start here. Everything else is secondary.

    • @7tbryant
      @7tbryant 8 ปีที่แล้ว +8

      You are correct!

    • @quevicular
      @quevicular 8 ปีที่แล้ว +2

      Tony Starks
      Here are the main reasons for why everything we do is so fucked up and why and how they have stolen our life estates.
      www.theeventchronicle.com/study/critical-knowledge-legal-ownership-souls-vatican-since-1306/

    • @travisjohnson6676
      @travisjohnson6676 8 ปีที่แล้ว +2

      Yes our banking system is deeply flawed. Your points about borrowing money into existence is a high level, esoteric discussion of economic philosophy.
      But the bottom line is money (at the "street" level) was borrowed so the person could buy a house and he should pay for it.
      If you start nullifying mortgages AND the resident keeps the house, you will destroy the housing market

    • @7tbryant
      @7tbryant 8 ปีที่แล้ว +1

      Travis Johnson true

  • @janbadinski7126
    @janbadinski7126 7 ปีที่แล้ว +8

    I love it that the judge used the word 'extort'.

    • @DanaNelson-fd4fu
      @DanaNelson-fd4fu 4 หลายเดือนก่อน

      He called the banks out for sure!

  • @se7ensnakes
    @se7ensnakes 7 ปีที่แล้ว +18

    The banks do not give you any of their own money. The money was created on the debtors signature. The money did not exist until after the debtor signed the promissory note. and the bank lays claim to house that they did nothing to financed. so either the banks get a free house or the dweller gets a free house.

    • @williambartlett8142
      @williambartlett8142 7 ปีที่แล้ว +1

      No you only need a few simple letters to stop them and if you end up in court the bank will need to pay you $766,000.00 because they are frauds. Need help call 406 200 8378 or billbart7@gmail.com

    • @themuscler9872
      @themuscler9872 6 ปีที่แล้ว +2

      +meaturama you the real idiot. money is gold and silver

    • @TSBOFRLM
      @TSBOFRLM 6 ปีที่แล้ว +3

      se7ensnakes You are so correct! The money never existed and they used the borrower’s signature 100 times over before the closing date....making the house pretty much paid before the borrower even takes possession of the home but then the bank makes the borrower pay for a home they’ve used their signature to already pay off... These predatory lenders!

    • @TSBOFRLM
      @TSBOFRLM 6 ปีที่แล้ว

      William Bartlett I need some understanding on what I can do against my mortgage company can I email you?

    • @se7ensnakes
      @se7ensnakes 6 ปีที่แล้ว

      meaturama
      My remark was made for people with an IQ greater than 40

  • @justinwax8579
    @justinwax8579 9 ปีที่แล้ว +23

    Fictional unrecorded modification dates? Banks can operate any way they want without any oversight. The poor homeowner who has had their home stolen must spend $30,000 plus to fight against fraud in court. Banks will spend millions to fight a case knowing they are in the wrong, knowing they cannot prove they have authority. Judges permit robo signing documents to be submitted and will conduct improper procedure aiding banks in extending the battle and causing distress for the homeowner.

    • @christinevasquez1730
      @christinevasquez1730 7 ปีที่แล้ว +1

      This is all tax evasion..

    • @kevinmartyn1617
      @kevinmartyn1617 7 ปีที่แล้ว +1

      Any Bank will NEVER admit that it made a "mistake" and on top of that bliss in life they just bundle the defaults contracts up and sell onto someone else which happened in 2008/9 whereby the USA have empty houses owned by several hundred people around the globe that purchase a slice of the debt!

    • @williambartlett8142
      @williambartlett8142 7 ปีที่แล้ว +1

      No you only need a few simple letters to stop them and if you end up in court the bank will need to pay you $766,000.00 because they are frauds. Need help call 406 200 8378 or billbart7@gmail.com

    • @nattyp7801
      @nattyp7801 5 ปีที่แล้ว

      Justin Wax U should have a TH-cam channel!!!

    • @soulfireonfire6423
      @soulfireonfire6423 2 ปีที่แล้ว

      @@kevinmartyn1617
      Where money was never loaned. Ever!

  • @quevicular
    @quevicular 2 ปีที่แล้ว +6

    Interesting how the judges in this case have their full name in upper and lowercase. When you are usually in a court of admiralty you know it because they never give you their first name and the last name is always capitalized

  • @imari2305
    @imari2305 7 ปีที่แล้ว +10

    This is why I will never take out a mortgage. Banks and Mortgage Lenders have defrauded so many unknowing people out of money over the years and now they're being exposed. Truly sad indeed.

    • @soulfireonfire6423
      @soulfireonfire6423 2 ปีที่แล้ว +3

      When they truly didn’t ever lend anyone anything but they did make an infinite amount of money selling your signature 10,20x more , then the money , you never borrowed .
      But we’re charge interest on.

    • @plop55
      @plop55 10 หลายเดือนก่อน

      It's called pay your mortgage and this doesn't happen, it's very simple.

    • @soulfireonfire6423
      @soulfireonfire6423 9 หลายเดือนก่อน

      @@plop55
      What’s real simple is ask the bank for proof they lent you money!
      They made money off your signature 10x the loan amount.

    • @soulfireonfire6423
      @soulfireonfire6423 9 หลายเดือนก่อน

      @@plop55
      You are not paying anything but your promise to pay a bank a certain amount of money.

  • @BiggerFatterBlog
    @BiggerFatterBlog 6 ปีที่แล้ว +4

    Banksters are gangsters and their lawyer should be given the death penalty.

    • @williamwagener
      @williamwagener 5 ปีที่แล้ว

      Amen. but first give the gangsters a Trial by a JURY of their victims: Hey... WE Found the NEST of the Bank Crooks
      th-cam.com/video/Jtr5WkUsYDk/w-d-xo.html FOUND the CRIMINALs at 411 IVY ST. San Diego.

  • @cdimmm
    @cdimmm 7 ปีที่แล้ว +5

    you can't be in default until after the maturity of the alleged loan. 10, 20, 30 years. Get it???

  • @immafreemann
    @immafreemann 6 ปีที่แล้ว +5

    The real question is did deutch bank ever loan its own money and can they prove it with the general accounting ledger that the money came from some account that was owned by the bank and that the promissory note did not get ledgered as an asset. If the promissory note was ledgered as an asset then it has value and they did not show you gave value prior to moving into the home.
    The Bank president admitted to all this in 1968 in the Credit River Decision and it was a common law action and could not be overturned by the higher courts because the US Constitution is clear -- any decision at common law cannot be overturned by any court unless it is another jury trial at common law at a later time for the same issue and the appellate courts and supreme courts are not jury courts.
    MORTGAGE LOANS ARE ALL FRAUD.
    A free house???? The homeowner never gets a free house they have their sweat and blood invested in fixing the house up, they made payments that they worked for and gave something of value. The lender never proves they gave anything of value under penalty of perjury and can never prove with bona fide factual evidence they did "no state can make anything but gold or silver coin a tender in payment of debts" Art.1, sec. 10. That also holds true for lending, no bills of credit can exist as money and federal reserve notes are is a "note" or promissory note , ie a promise to pay at some future time, and have the same exact value as your signed promisory note. A debt validationletter will prove no evdence exists that the lender and every other party to the Mortgage/Deed of Trust ever offered any OF THEIR OWN MONEY OR MONEY PERIOD.

    • @vineoflife1575
      @vineoflife1575 5 ปีที่แล้ว +1

      I've learned now you are exactly right!
      The crooks are stealing my family home of 50 years now I've become ill and seeking disability and cannot find work suitable. I pray every day and every night for a angel to come help me stop their evil attack on my life. My doctor has said the stress is killing me. I have no where to go. Not an exaggeration. Where is our help?

  • @samirosales5059
    @samirosales5059 7 ปีที่แล้ว +4

    your home loan is already paid off just from you signature on the closing.. go to title company that has your file and ask to look at your complete file... say no to making copies... look only thru file... look for the first pages or the last two pages of the file and what you need to look for is a letter for release of mortgage or a stamp of satisfaction and date on one of the pages.... when you find that you can make your copies of those and take them to court for fraud.... also look into the insurance company they used for your house because by law they have to get their own insurance on your home to protect their investment.... so they are tripple dipping... 1. they sell your contract to get their money up front to a third party.. 2... the insurance policy they get out by law was probably already used in a claim without u knowing and they got paid.... 3... you sending in those monthly payments just makes their pockets fatter.... and this goes for aaaaallll banks....

  • @chadpreece970
    @chadpreece970 ปีที่แล้ว +1

    Don't forget that the title is supposed to go with the mortgage , no titles are keep with mortgages anymore in fact most titles are hard to find, as MERES holds the titles electronically, the originals have been traded so much they've lost them

  • @JoyPeace-ej2uv
    @JoyPeace-ej2uv 9 หลายเดือนก่อน

    No one who has faithfully paid a mortgage for years which results in having paid the full original price of the house plus a significant amount of interest and taxes and repairs has achieved gaining a free house. The lender might not have achieved receiving the contracted amount of interest but. The purpose of the state of NC passing the law was to prevent the lender forgoing suing to receive their rights for an indefinite time then swooping in and seizing the home or business property in a now unexpected manner after the people involved have continued to spend money on maintenance and taxes.

  • @cdimmm
    @cdimmm 7 ปีที่แล้ว +11

    this is just a show, these robes know exactly what the scam is!

    • @williamwagener
      @williamwagener 5 ปีที่แล้ว

      WE Found the NEST of the Bank Crooks
      th-cam.com/video/Jtr5WkUsYDk/w-d-xo.html FOUND the CRIMINALs at 411 IVY ST. San Diego.

    • @quevicular
      @quevicular 5 ปีที่แล้ว +2

      @@williamwagener YES THEY SURE DO AND THEY HIDE THE FRAUD THROUGH THEIR SECRET WAYS. THIS HAS NEVER BEEN A CONSPIRACY THEORY. SOME JUDGES HAVE EVEN ADMITTED THIS AND HAVE STEPPED DOWN FROM THE BENCH/BANK AND DISBARRED THEMSELVES. ITS ALL A CONTROLLED SYTEM AND I THINK THEY SIGN A NON-CIRCUMCISION AGREEMENT AS WELL, WHICH ARE ALL BASED ON FRAUD AB INITIO, NUNC PTO TUNC.

  • @Captain-Cosmo
    @Captain-Cosmo 2 ปีที่แล้ว +1

    I'm not sure where the rocket science is here. The question is whether an accelerated demand is deccelerated by virtue of a dismissal of the case. A decceleration by default seems proper IF the acceleration were part of the proceedings (complaint), thereby restoring the parties to their respective positions prior to the filing of the suit. But if the acceleration occurred, say, by letter, prior to the litigation, then it would seem the court would be exceeding its reach to presume any control over that letter.

  • @hotpants9267
    @hotpants9267 ปีที่แล้ว

    Because I’m FORCLOSURE NOTE IS CALLED DUE IF FULL. IT DOES CHANGE.

  • @song9119
    @song9119 5 ปีที่แล้ว +1

    Once a foreclosure action is filed the loan is accelerated. If the court dismisses a foreclosure action how in the world is the borrower supposed to know that the loan has now been automatically de-accelerated (by that dismissal) and they can once again start making monthly payments?? The lenders arguments makes no sense to me

    • @Klynfullington
      @Klynfullington 9 หลายเดือนก่อน

      Maturity date is the key here

  • @user-le5jy4nv1e
    @user-le5jy4nv1e 5 หลายเดือนก่อน

    I don’t understand what the statues ore on/of the acceleration date?

  • @Itiswhatitis2015
    @Itiswhatitis2015 8 ปีที่แล้ว

    Docs that were in the 1st equity loan papers that were two other addresses with the same loan number that lived in a different area.

  • @user-le5jy4nv1e
    @user-le5jy4nv1e 5 หลายเดือนก่อน

    So every default is taken separately & different criteria etc!!! Correct?

  • @gino007able
    @gino007able 3 ปีที่แล้ว

    after heave handedness by the banking industry, this is what happened: The Third District withdrew its prior opinion and entered a revised opinion holding that deceleration automatically occurred on the dismissal of the Initial Action, regardless of whether the dismissal was with or without prejudice.

  • @joannthomases9304
    @joannthomases9304 ปีที่แล้ว

    How does one get a: He who lives, payout, on a death pledge ? It just sound pretty strange...Ever really wonder how nuts this really sounds, in the first place ?

  • @song9119
    @song9119 ปีที่แล้ว

    In New York State the legislator and governor just put an end to this gamesmanship and manipulation of the statute of limitations

  • @bradleyw3771
    @bradleyw3771 4 ปีที่แล้ว +1

    PAY WHAT LOAN? WHAT IS THE DEFINITION OF LOAN? WHERE WAS THE SUM OF MONEY THAT YOUR BANK GAVE TO THE BOWWER?????? WAS THERE A SUM OF MONEY PAID?

  • @Itiswhatitis2015
    @Itiswhatitis2015 8 ปีที่แล้ว

    Plus I had to give copies to child support and fax to release a lean that was court ordered by divorce judge to be paid only by my x

  • @gino007able
    @gino007able 3 ปีที่แล้ว

    why is the Court so concerned about the bank, if they mess up it's their problem? if I would slip and fall and I bring no action within 2 years I can never move forward on the case or if a final judgment is entered and I don't appeal within 30 days of the date of the judgment. it's solid law and I am barred.

  • @donaldwelsh3780
    @donaldwelsh3780 8 ปีที่แล้ว +1

    So if as the banks are saying that each payment is it's own contract for SOL then there should also exist 360 signatures - will they "Robo- Sign" these as well? Just askin'.

    • @roddiemc91
      @roddiemc91 8 ปีที่แล้ว

      +Donald Welsh - What is SOL??

    • @donaldwelsh3780
      @donaldwelsh3780 8 ปีที่แล้ว +2

      Statute Of Limitations

    • @roddiemc91
      @roddiemc91 8 ปีที่แล้ว

      Welsh- thank you, good comment. Seems like the laws just don't apply to them.

    • @donaldwelsh3780
      @donaldwelsh3780 8 ปีที่แล้ว +1

      The Golden Rule - he who has the gold makes the rules.

  • @cdimmm
    @cdimmm 7 ปีที่แล้ว +1

    no "statute of limitations" or latches i mean "laches" on a man making a claim of trespass.

  • @williamdowell7646
    @williamdowell7646 8 ปีที่แล้ว +1

    So what was the ruling???

    • @Cyberpunk2056
      @Cyberpunk2056 7 ปีที่แล้ว

      the bank lost BUT "Even though the bank can't enforce the mortgage, it has the ability to prevent a sale from going through, ( they still hold the Mortgage) The association would have to deal with them on some level and perhaps negotiate a payoff with them, otherwise hold off the sale of the property."

  • @robertcarey8237
    @robertcarey8237 7 ปีที่แล้ว +2

    what was the end result?

    • @therealrobertmcdonald
      @therealrobertmcdonald 7 ปีที่แล้ว +5

      robert carey Deutsche bank lost
      www.hisadvocates.org/printer-friendly-topic/statute-of-limitations-dooms-deutsche-bank-in-foreclosure

    • @robertcarey8237
      @robertcarey8237 7 ปีที่แล้ว

      thank you

  • @leesmith7883
    @leesmith7883 7 ปีที่แล้ว

    WTF did i just watch, the bank sent the borrowers a letter demanding payment in full, they never rescinded the demand or renewed the loan agreement, never altered the agreement to reflect any arrears, so that being the case the statute of limitations must apply or contracts and the law mean nothing

  • @Itiswhatitis2015
    @Itiswhatitis2015 8 ปีที่แล้ว

    So lock out date was 3/29/2011 I'm screwed today

  • @Itiswhatitis2015
    @Itiswhatitis2015 8 ปีที่แล้ว

    Is there any Legual help for a 58 year woman on ssi disability extremely low low limited income they mixed up the dates on the titles of the two equity loan Dec 2006 shows on the title that was joint owner with my son and Dec 2007 he wasn't able to qualify to be on the new equity loan that each equity loan paid off the last loan paying more money only the credit report Feb 2011 prior to lock out showed I had three mortgage loans and they all were in black destroying my credit the 2 substation of trustees and Mers had no standings Feb 20 2013 now I saw on the person who bought the home the stole their title show Mers Corp. I know I own that home only I'd never want to live there again I'd rent it. But I never got my justice served after finding all the 98 wrongs in my foreclosure I never had received a letter that I could go back and fight the foreclosure in court Jan 2011 unlawful detainer his title was rubber stamped not completely checked into. By fidelity title. And I found two

    • @sandyzbonski1575
      @sandyzbonski1575 8 ปีที่แล้ว +1

      In same Situation Need a great Lawyer Pd over 20K lawyer Won't go to Court

    • @daschundloverable
      @daschundloverable 7 ปีที่แล้ว

      same here................btw, they're in a club and we're not in it.

  • @themuscler9872
    @themuscler9872 6 ปีที่แล้ว

    who he representing they keep calling him counsel. don't they appoint everybody else to counsel

  • @se7ensnakes
    @se7ensnakes 7 ปีที่แล้ว

    notice of lack of prosecution

  • @Itiswhatitis2015
    @Itiswhatitis2015 8 ปีที่แล้ว +1

    At the end the title was owned by my first loan 1989 Washington mutual now chase

  • @GenosideTV
    @GenosideTV ปีที่แล้ว

    I just wanna know why these judges dont never know shit and be askin lawyers questions ass backwards

  • @donaldwelsh3780
    @donaldwelsh3780 8 ปีที่แล้ว

    I'm gonna throw up this !@#@ makes me so mad - as a former LEO, if I\"I" provide falsified affidavits - then what? We know the answer. Quit making this about what it is not!

  • @Itiswhatitis2015
    @Itiswhatitis2015 8 ปีที่แล้ว

    I believe they violated many laws with my case and mortgage. Predatory lending why didn't that note go on to be signed by the rest my neighbor said he was a broker not to worry he knew what he was doing only he screwed me with these equity loans he got for me in 2096

    • @speakvanholding247etc
      @speakvanholding247etc ปีที่แล้ว

      If you are completely ignorant of what you are doing and depending on people who have an interest in benefiting from the transaction, you are the blame. You as a man or woman, must learn to conduct your business with intelligence.