Wednesday, August 18, 2010

Fighting Foreclosure Fraud

Fighting Foreclosure Fraud

Featuring

John Stuart

the man who created

"SHOW ME THE LOAN"

and

William McCaffrey, Expert Witness/former VP of a national bank and other guest speakers

Join us for 2 days in Scottsdale, Arizona at the

Millennium Resort Scottsdale McCormick Ranch

7401 North Scottsdale Road, Scottsdale, Arizona, Phone: (480) 948 5050 begin_of_the_skype_highlighting              (480) 948 5050      end_of_the_skype_highlighting begin_of_the_skype_highlighting              (480) 948 5050      end_of_the_skype_highlighting begin_of_the_skype_highlighting              (480) 948 5050      end_of_the_skype_highlighting

Saturday September 4th | Class from 9am to 6pm

Sunday September 5th | Mock Court | 10 to 4

Coffee and liquid refreshments included both days, Bring a thumb drive/laptop to download documents etc., Free Wi-Fi provided, A library of educational materials, documents, examples of pleadings, etc.

Come learn from the man that created this doctrine!

Learn why and how You NEVER received a "LOAN" and the

Bank exchanged your PROMISSORY NOTE for the HOME

Saturday, Sept 4th: John Stuart (whose knowledge is sought out by attorneys)will teach "SHOW ME THE LOAN" doctrine.

Sunday, Sept 5th: John Stuart will conduct a “Mock Court” to

elaborate on the use of the material provided

This event will fill up fast. 100% of the previous guests voted this was the BEST seminar they have ever attended. You will learn concepts lawyers and bankers do not want you to know. This may be the LAST seminar by John Stuart before he enters working society. http://www.myprivateaudio.com/John-Stuart--Forclosure-Seminar.html

www.mortgage-challenge.net

This seminar is being held to help spread the word about the fraud committed by the banks and the donations will be used for continuing

research into how to stop the banks from stealing our homes.

REGISTRATION

Please register as soon as possible so we can have enough refreshments and tables available for everyone’s comfort. If you can’t pay until you show up, just let us know you are coming for sure.

$275 DONATION

GROUP RATES: 2-5 $230 each, 6-10 $190 each

Hotel registration is separate from registering for the seminar. Contact the Hotel directly for room reservations and tell them you are there for the seminar.

Special Room rates for seminar attendees

Contact the Millennium Resort Scottsdale McCormick Ranch

7401 North Scottsdale Road, Scottsdale, Arizona

Phone: (480) 948 5050 for room reservations.

The Millennium Resort is offering discounted room rates to our attendees.

Standard room $79. Lakeside room $99, 2-bedroom Villa $149. 3-bedroom Villa for $199.

The resort has mountain views and is immediately adjacent to The McCormick Ranch Golf Club; the intimate lakeside retreat offers countless opportunities for fun and rejuvenation. Southwestern décor flavors each of the guest rooms and suites featuring spacious designs, and FREE high speed Internet access. When you are in the mood for award winning cuisine, stop by Piñon Grill, their signature restaurant, or allow them to promptly deliver your meal. Just moments away, Scottsdale’s excitement awaits, be it a visit to the Phoenix Art Museum, local Casinos, a desert jeep tour, splash in a water park, or a casual game of championship golf. There is also a private fishing lake and boats for rent at the resort.

Registration Instructions for the Seminar: You can now sign up and pay thru PAYPAL at: SHOWMETHELOAN.NET

480-236-5725

Money Orders: Send by mail, or certified or registered mail or other carrier to:

John Stuart (or blank), c/o 10407 W. Trumbull Rd. Tolleson, Arizona (85353)

Notify us by email you are coming: themobinem@ymail.com

Money Order ONLY: write “voluntary donation” on the memo line. Include: a S.A.S.E. for your M.O. to be returned to in case of over sales; and a note with your email address and phone number for contact info. Seating is limited to 240.

John Stuart is not involved in any political and/or legal groups and does not give legal advice.



http://www.showmetheloan.net/

Wednesday, August 4, 2010

STANDING

STANDING

The legal right to initiate a lawsuit. To do so, a person must be sufficiently affected by the matter at hand, and there must be a case or controversy that can be resolved by legal action.There are three requirements for Article III standing: (1) injury in fact, which means an invasion of a legally protected interest that is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical; (2) a causal relationship between the injury and the challenged conduct, which means that the injury fairly can be traced to the challenged action of the defendant, and has not resulted from the independent action of some third party not before the court; and (3) a likelihood that the injury will be redressed by a favorable decision, which means that the prospect of obtaining relief from the injury as a result of a favorable ruling is not too speculative. Lujan v. Defenders of Wildlife, 112 S. Ct. 2130, 2136 (1992) (Lujan). The party invoking federal jurisdiction bears the burden of establishing each of these elements. Id.

In deciding whether xxx has standing, a court must consider the allegations of fact contained in xxx's declaration and other affidavits in support of his assertion of standing. See Warth v. Seldin, 422 U.S. 490, 501 (1974) (Warth). see also Warth, 422 U.S. at 501 (when addressing motion to dismiss for lack of standing, both district court and court of appeals must accept as true all material allegations of the complaint and must construe the complaint in favor of the party claiming standing).

Standing is founded "in concern about the proper--and properly limited--role of the courts in a democratic society. " Warth, 422 U.S. at 498. When an individual seeks to avail himself of the federal courts to determine the validity of a legislative action, he must show that he "is immediately in danger of sustaining a direct injury." Ex parte Levitt, 302 U.S. 633, 634 (1937). This requirement is necessary to ensure that "federal courts reserve their judicial power for `concrete legal issues, presented in actual cases, not abstractions.' " Associated General Contractors of California v. Coalition for Economic Equity, 950 F.2d 1401, 1406 (9th Cir. 1991) (quoting United Public Workers, 330 U.S. at 89), cert. denied, 112 S. Ct. 1670 (1992). National Environmental Policy Act (NEPA), 42 U.S.C. S 4331, et seq.

Someone who seeks injunctive or declaratory relief "must show a very significant possibility' of future harm in order to have standing to bring suit." Nelsen v. King County, 895 F.2d 1248, 1250 (9th Cir. 1990), cert. denied, 112 S. Ct. 875 (1992).


John C; of the family Stuart, sui juris
The Ecclesiastical Order of : Mobius Nemesis
/Notice: This e-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copy of this communication is strictly prohibited. Please reply to the sender that you have received the message in error and then delete it. Thank you.

Tuesday, July 20, 2010

The Inquisition

by John Stuart

Please forward to everyone.

We need to file charges with the Secretary of State, County Attorney, State and Attorney, FBI, etc.

I believe if we derail the notaries we will derail the current inquisition just as I believe if people had done so centuries ago they would have derailed the Inquisition then.

Everything they are doing now, as they did then, is based on notaries verifying lies as truth so they "leaders" could do as they were told by their leaders. Back then it was the Catholic church, today it is the banks. Lets learn from history instead of repeating it.

Abridged Treatise on the similarities between the Religious Inquisition of the Middle Ages and the Banking Inquisition of Modern day America

I Notaries

A. Religious Inquisition: Three Notaries

The Religious Inquisition used Notaries to certify “confessions” of the accused were “recorded” with the church so they could be used to condemn the supposed heretics. Obviously, such confessions were usually non-existent. In fact its almost comical how few young maidens were ever prosecuted yet found themselves under the protectorate of the local priests after their whole families were slaughtered as heretics.

notario de secuestros (Notary of Property), who registered the goods of the accused

notario del secreto (Notary of the Secreto), who recorded the testimony of the defendant and the witnesses; and

escribano general (General Notary), secretary of the court.

B. Banking Inquisition: Three notarized documents

The Banking Inquisition uses Notaries to certify fraudulent, forged and false documents which are then “recorded” as true so they can be used to steal a person’s home. Again, its comical how few of the recorded documents are valid yet the lawyers wind up being able to sell the homes to cover their legal fees.

Corporate Assignment of the Deed of Trust

Substitution of Trustee

Notice of Trustee Sale

II Property Ownership

A. Religious Inquisition: feudal legal structures

People thought they had the right to “allodial” title and the land they “owned” was really theirs and did not belong to the church or the government

B. Banking Inquisition: tenancy

Americans believe they actually own their homes and don’t know that they are really only tenants on property that belongs to the government

John C; of the family Stuart, sui juris

The Ecclesiastical Order of : Mobius Nemesis
/Notice: This e-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copy of this communication is strictly prohibited. Please reply to the sender that you have received the message in error and then delete it. Thank you.

Thursday, July 15, 2010

Everyone needs to know and use this trick.

Just in from John Stuart:

Forcible Detainer/Unlaful Detainer (same thing, just depends on the state) are almost always done in JUSTICE COURT. JUSTICE COURT usually have a "monetary limit," in Arizona it is $10,000.

When the Bank files to remove you from your home after winning a foreclosure case they file a Forcible Detainer/Unlaful Detainer to get the court order. By filing in JUSTICE COURT they can usually get away with a bench trial instead of a jury trial.

A trick to remove the case to SUPERIOR COURT is to answer and include a counter claim above the JUSTICE COURT's limit. The JUSTICE COURT must then move the case to SUPERIOR COURT. This could garner the homeowner weeks and even months and make it more likey there will be a jury trial.

Everyone needs to know and use this trick.

Wednesday, July 14, 2010

SMTL Updates from John Stuart

If you go to the site below and read all of it you will discover why I say it is all about the loan now and why I used to say the real issue was tax avoidance by the banks.

It appears people are starting to discover ways to prove my theories. This stuff is real.

You NEVER recieved a LOAN.

They will get out of paying the taxes.

The government already knew.

Here's the bottom line:

"The important thing about the Pooling and Servicing Agreement is you will find in virtually every case that all of the parties who are involved violate nearly every provision of their own Pooling and Servicing Agreement. This has important consequences that we will talk more about later, but the Securities and Exchange Commission rules requires these trusts to provide important other reporting information that was widely ignored or worse, falsified by the entities in control of these trusts. Finding such information can be a key to defending your case."

http://mattweidnerlaw.com/blog/2010/05/finding-pooling-and-servicing-agreements-is-key-to-killing-your-foreclosure-case/

This is worth reading

http://www.ripoffreport.com/mortgage-companies/first-magnus-financi/first-magnus-financial-of-ariz-c3e7e.htm

two minute wake up call

http://www.youtube.com/watch?v=KZeiSKnhOBc

Attorneys that are foreclosing on homes have personal interest in every property

From a good source the attorneys that are foreclosing on homes have personal interest in every property which is illegal. Everyone needs to do a FOIA bond request on each case because MILLER bonds are being filed by the attorneys


PAYMENT AND PERFORMANCE BONDS: FEDERAL PROJECT BONDS (MILLER BONDS)

For certain types of jobs (larger State and Federal jobs, many private jobs) the Contractors are required to post bonds which guaranty payment to qualified claimants ("Payment Bonds") or guaranty performance for the Owners ("Performance Bonds.") Suits on bonds are a favorite means of relief for claimants since there is an insurance company (the Bonding Company) available with plenty of assets and quite often the bond, itself, provides that the prevailing party will get attorneys fees incurred in bringing the action.

(Note, however, that if the Bond is not as great as the total claims of the claimants, that the money is divided among those claimants who have perfected their rights.)

Additionally, for certain types of projects, the payment bond does not require proof of incorporation of materials or labor, simply that an authorized agent ordered the labor or materials. Most notable of this type of bond claim are legal actions based on Federal Projects ("Miller Bond Actions") which are brought in federal courts and Miller Bonds must be posted on all federal projects of any magnitude.

The Miller Bond is the sole protection available to the claimant on federal projects. Unlike State public jobs, there are no Stop Notice Actions available for Federal Projects. And, of course, no mechanics liens are ever available on any public job, state or federal, since one cannot foreclose on a public piece of property.

In bond actions the claimant must give notice to the owner and bonding company within ninety days of when the last labor or material was supplied to the job and must bring action on the bond within one year of last supplying labor or materials.

Of course, one can always sue for breach of contract any party in breach such as the owner or contractor, but if one seeks a secured claim, only the Miller Bond provides such on a federal project. However, since incorporation of labor or materials need not be proven, and since attorneys fees are awarded if the claimant wins, Miller Bond actions are quite often the most efficient method of collection on construction disputes. A famous Miller Bond case allowed a claimant recovery for goods shipped to a federal base on Cuba, but never delivered since the ship sank before the goods were delivered to the job site. The federal court allowed full recovery for the claimant since the goods had been ordered. (In a state job, since the goods were not incorporated into the job, no recovery on the stop notice would have been allowed and in a private job, no mechanics lien recovery would have been allowed since the materials were not incorporated.)


John C; of the family Stuart, sui juris
The Ecclesiastical Order of : Mobius Nemesis
/Notice: This e-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copy of this communication is strictly prohibited. Please reply to the sender that you have received the message in error and then delete it. Thank you.
*********************************Confidentiality Notice***************************************"**"***

Thursday, July 8, 2010

Here is the newest COMPLAINT. Its set for USDC.

FOR EDUCATION PURPOSES ONLY. NOT LEGAL ADVICE.

Click here to download the 33 page complaint

John C; of the family Stuart, sui juris
The Ecclesiastical Order of : Mobius Nemesis
/Notice: This e-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copy of this communication is strictly prohibited. Please reply to the sender that you have received the message in error and then delete it. Thank you.
******************************
***Confidentiality Notice***************************************"**"***
This electronic transmission and any attached documents or other writings are confidential and are for the sole use of the intended recipient (s) identified above. This message may contain information that is privileged, confidential or otherwise protected from disclosure under applicable law. If the receiver of this information is not the intended recipient, or the employee, or agent responsible for delivering the information to the intended recipient, you are hereby notified that any use, reading dissemination, distribution, copying or storage of this information is strictly prohibited. If you have received this information in error, please notify the sender by return mail and delete the electronic transmission, including all attachments from your system.

Wednesday, June 30, 2010

Fighting Mortgage Fraud and Foreclosure Fraud

Michael Philip Rothermel

Presents


Fighting Mortgage Fraud and


Foreclosure Fraud


Seminar | Workshop


Featuring


John Stuart


"SHOW ME THE LOAN"


and


William McCaffrey, Expert


Witness/former VP of a national bank


“BANKING AND


DOCUMENT FRAUD”


You NEVER received a "LOAN"/Banks BOUGHT your PROMISSORY NOTE


Join us for 2 days in Phoenix Arizona


in the Superstition Ballroom at the

Millennium Resort Scottsdale McCormick Ranch

7401 North Scottsdale Road, Scottsdale, Arizona,

Phone: (480) 948 5050


Saturday July 10th | Class


from 9am to 6pm


Lunch: Noon to 1:30PM


plus 2 breaks


Sunday July 11th | Moot


Court | 10am


A library of educational materials, documents, examples of pleadings, and pertinent laws and case law will be provided on CD or DVD.


Attendance Includes Free


DVD of seminar (to be sent)


You will not get this information anywhere else

except John's private classes in Phoenix.


If You know of someone that has an attorney that wants to help the people by beating up on the banks illegal foreclosure activities, or anyone that wants to get out of an upside-down mortgage or foreclosure problem or that has lost their home to a foreclosure and wants their home back, please immediately forward this information to them.
Proceeds from the seminar go to support the effort to save peoples’ homes.

Seminar for Fighting Fraudulent Foreclosures –

Past, Present and Future

Saturday, July 10: John Stuart (whose knowledge is sought out by attorneys and other professionals) will speak about his "SHOW ME THE LOAN" doctrine, followed by expert William McCaffrey.

Sunday, July 11: John Stuart and William McCaffrey will conduct a “Moot Court” to elaborate on the use of the material provided and to answer questions. John will interrogate the expert witness from the perspectives of the banks and of the homeowners.

Learn about the banking and document fraud that conclusively proves you NEVER received a "LOAN" and the Banks “BOUGHT” your Promissory Note.

Learn why the "Show Me the Note" defense/offense may not work and is a moot point.

Learn how to utilize the “Show Me the LOAN” concept against the Bank’s CEO’s.

Learn of other issues and topics relating to the fraudulent, felonious and criminal foreclosure activities of the banks’ personnel and attorneys.

William McCaffrey who testifies as an expert on behalf of homeowners regarding fraud committed by the banks will conclude Saturday’s session. He will explain the mortgage pooling and servicing agreements, who really owns the note, and how loans are pooled into mortgage-backed securities which are traded on the stock market!

Tentative schedule for Saturday’s seminar is 9:00 am to Noon, lunch until 1:30 pm, with class until 6:00 pm.

Sunday schedule will be Moot Court from 9:30 am to 2:00 pm.

The event will be recorded on DVD and sent to attendees. There will also be a library of educational materials, documents, examples of pleadings, and pertinent laws and case law provided on CD or DVD.

PREREGISTRATION SPECIAL $275 - $500
Until July 8th the donation for the seminar is $275 for one and $500 for a couple.

$20 per night stimulus for a room at the hotel.

Contact the Millennium Resort Scottsdale McCormick Ranch 7401 North Scottsdale Road, Scottsdale, Arizona, Phone: (480) 948 5050 for room reservations. The Millennium Resort is offering discounted room rates of $69.00. Discounts on a Lakeside room for $89.00, 2-bedroom Villa for $149.00 or a 3-bedroom Villa for $199.00 are also available.

The resort has mountain views and is immediately adjacent to The McCormick Ranch Golf Club; the intimate lakeside retreat offers countless opportunities for fun and rejuvenation. Southwestern décor flavors each of the guest rooms and suites featuring spacious designs, and convenient high speed Internet access. When you are in the mood for award winning cuisine, stop by Piñon Grill, their signature restaurant, or allow them to promptly deliver your meal. Just moments away, Scottsdale’s excitement awaits, be it a visit to the Phoenix Art Museum, local Casinos, a desert jeep tour, splash in a water park, or a casual game of championship golf. There will be copious tanning available free.

Please send Seminar donation of $275/$500 [PayPal Gift] to support the ongoing and past efforts of a team of researchers and slaves to the cause. Send reservations and inquiries to mikesseminar@gmail.com. PayPal to the - mikesseminar@gmail.com . Advise if your payments are being mailed to Michael Rothermel, P O box 102, Arlington, Arizona, 85322 to reserve your spot. Seating is limited to 210. Contact Mike: 623-386-7449.

http://www.myprivateaudio.com/John-Stuart--Forclosure-Seminar.html . http://privateaudio.homestead.com/Mike-Rothermel-on-Mortgage-Fraud.html .

Our team wants to end this fraud.

Look for updates on My Private Audio web site and at our

Mortgage-Challenge Yahoo group

http://groups.yahoo.com/group/mortgage-challenge/

and see the posts with the subject line: SEMINAR UPDATE

Diagram showing how a Deed of Trust and Promissory Note are handled by a Bank



































click above images to enlarge

Click here to view the actual diagram

10. You have NO LEGAL RIGHT to the PNC since you sold it and were paid in cash, property, etc.

11. The Bank can do what they want with the PN since they bought it and have paid you; ‘res judicata’

12. The Bank has failed to ‘Specifically Perform’ and give you the loan you are paying for.

13. You failed to notify the Bank of the Banks failure, so you must be ok with not receiving the loan.

14. If you sue the Bank for not giving you the money for the loan- they must prove they did give you

said money; but then they can’t prove they bought the PN; so why did they sell the PN?


Defendants used the money Defendants’ received from Defendants’ sale of Plaintiff’s check/Promissory Note to fraudulently encumber Plaintiff’s real Property by claiming said money paid to the third party(s) was Defendants’ money.

Thus, Defendants’ encumbrances on Plaintiff’s real Property are prima facie evidence of Defendants’ fraud as it is a functional impossibility for the sum of the check/Promissory Note to be used twice against Plaintiff.

More simply stated:

a. Plaintiff sold a Promissory Note to Defendants.

b. Defendants then re-sold said Promissory Note yet still failed to pay Plaintiff.

c. Defendants unlawfully used the money Defendants should have paid Plaintiff to purchase specific debts.

d. Defendants’ purchased said debts in Defendants name instead of Plaintiff’s name.

e. Defendants used said purchase to transfer the lien rights on Plaintiff’s real Property from the third party to Defendants.

i) Defendants used Plaintiff’s money to buy the lien under Defendants name so as to put the lien in Defendants name instead of removing said lien.

ii) Such criminal act is known in law as fraudulent conversion.

f. Defendant then unlawfully claimed encumbrances on Plaintiff’s real Property for the debts paid off in Defendants’ name with Plaintiff’s money.

g. Defendants’ then used ‘legalese’ to trick Plaintiff into believing that Defendants’had given Plaintiff a “LOAN.”

h. Plaintiff made monthly payments on said “LOAN” until such a time as Plaintiff discovered material facts evidencing Defendants fraudulent and criminal acts.

i. Plaintiff discovered that Defendants used the money from the sale of the Promissory Note; and NOT the money from any “LOAN;” to pay off the aforementioned debts.

j. It is a functional impossibility for the “LOAN” to have occurred as such would require the same exact money to be spent twice, once for the purchase of the liens and once to be given to Plaintiff as a “LOAN.”

i) The purchase of the lien(s) did occur; therefore the “LOAN” could not have occurred.

ii) For the “LOAN” to occur, then the lien purchase by Defendants could have not occurred.

k. To date, Plaintiff has still NOT received the “LOAN” promised by Defendants.

l. Plaintiff has been financially devastated by Defendants’ failure to supply the “LOAN” Plaintiff has paid several months on, and is still waiting to receive.

m. Defendants knowingly, intelligently and willfully created the previous scenario to defraud Plaintiff and millions of other Americans in a far reaching conspiracy to overthrow the government of the United States and unlawfully steal land from Americans in the single largest act of conspiratory terrorism in the history of the world as evidenced by the man that created the concept almost one hundred years ago:

– J.P. Morgan circa 1913: “Capital must protect itself in every way... Debts must be collected and loans and mortgages foreclosed as soon as possible. When through a process of law the common people have lost their homes, they will be more tractable and more easily governed by the strong arm of the law applied by the central power of leading financiers. People without homes will not quarrel with their leaders. This is well known among our principle men now engaged in forming an imperialism of capitalism to govern the world. By dividing the people we can get them to expend their energies in fighting over questions of no importance to us except as teachers of the common herd.