According to ASC 860 and REMIC rules, when a mortgage is transferred into a mortgage-backed security (REMIC), the transferor (bank) gives up all rights and authority, meaning the trustee cannot exercise power of sale over the property; homeowners can challenge foreclosure claims by requesting proof of the mortgage-backed security trust and the pooling and servicing agreement, as the law prohibits encumbrances on properties transferred into REMICs.
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The Mortgages Game Is a Lie...Added:
Councilor, the congregator, to the Federal Reserve Act back 38 Statutes at Large 251 section [music] 16 speaks of any notes [clears throat] deposited as security. Ladies and gentlemen >> or business only. The word is any with no exclusion because any >> [music] >> means by definition any clue. Clarity.
Clarity. Section 16, the problem with your note is the collateral security.
Ladies and gentlemen Got something we want to talk to you all about.
Now, I got to turn this off cuz I don't want to see that on the screen.
1 second.
Ladies and gentlemen Some of you are not going to get it. And I can't help you.
Some of you are going to get it and you're going to get greedy.
Some of you are going to get it and you're going to be like, "Oh!"
And then others "I want that, too."
Without knowing what we're talking about.
Some of you this is going to apply to.
Some of you this is going to apply to because it happened to you. Some of you this is going to apply to because it's happening to you now.
But you need to pay attention. I don't care if you think it doesn't apply to you. You need to pay attention. Now, this is going to be short. Not going to be long. I ain't got time for long because I got work to do on the property while we have these comfortable temperatures. CUZ WHEN THE SUMMER comes Hohoho! It's going to be scorching.
Ladies and gentlemen Here are the rules.
Did you know that if you have a mortgage and your mortgage is part of a mortgage-backed security, pay attention.
And your mortgage is part of a mortgage-backed security. I'm not talking about hard money loans.
Mortgage-backed securities is what I'm talking about. Pay attention.
And you have a trustee saying, "Hey, you owe us some money." You have a servicer are "Hey, you owe us some money."
You need to check them.
If the trustee says, "Hey, if you don't pay, we selling your property."
Just write them and ask them, "Hey, are you guys saying that you have a power of sale?
And I just need you to show me where that is cuz I can't find that nowhere."
They're going to send you a copy of your deed and they're going to highlight where it says power of sale.
You're going to write them back, "Well, thank you for that clarification, but I had already asked y'all previously and you going ask the servicer for proof of the mortgage-backed security trust that it's been put in. That's all you want IS JUST PROVE IT TO THE MORTGAGE-BACKED SECURITY. IF YOU CAN get the pooling and servicing agreement, get the pooling and servicing agreement.
Ooh. Get proof THAT THERE IS A REMIC.
THAT'S ALL YOU GOT TO DO IS CALL THEM AND ASK THEM. THEY CAN'T WITHHOLD IT FROM YOU. THEY HAVE to give that information. It's amazing.
Oh. Oh.
So, you say, "But wait a minute, Mr. Trustee. How can you have a power of sale when there is a Pay attention.
a mortgage-backed security.
The law doesn't allow a mortgage-backed security and a power of sale to exist simultaneously.
ASC 860 says no.
That's all you got to do is remember ASC 860. You ain't got to point out the exact section. He's supposed to know it.
Now, let me make sure you understand.
ASC 860 under reclassification ladies and gentlemen, go and read it. It lets you know that the When they place it into a REMIC, when they place it as a mortgage-backed security, it cannot have any encumbrances.
Encumbrances meaning a lien.
It cannot have from the person transferring it into the REMIC, which is the bank, doing it on your behalf, but don't worry about the on your behalf part.
It says that they can no longer have control over it. They no longer have authority concerning the mortgage back security. There's a new trustee. The old trustee is gone. The new trustee does not have POWER OF SALE.
WHY? BECAUSE THE mortgage and the note has been combined. He doesn't have power of sale.
REMEMBER, THERE CAN BE NO ENCUMBRANCES.
I'M SORRY IF YOU DIDN'T understand me the first time.
ASC 860 is under the Administrative Procedures Act.
It's not a law.
It is a regulation for them that they must follow. They are mandated to follow that. It's not a recommendation. It is a regulation for them to follow.
It is under the Administrative Procedures Act. Some of you don't understand about the Administrative Procedures Act and how that act operates in the affirmative as your friend.
Learn the Administrative Procedures Act application. Not go and learn the Administrative Procedures Act. No, no, no, no, nobody's saying that.
Nobody's saying that y'all should go out there and learn the whole Administrative Procedures Act.
Oof.
You don't need to learn the act. You just need to learn the procedure, the policy, the procedure that they must follow it. You don't have to follow the Administrative Procedures Act. Remember how the Supreme Court said you have to exhaust your administrative remedies? No, you don't.
You don't have to exhaust nothing. There is no law requiring you to go through administrative procedures.
The administrative procedure is for them. That act applies to them. It doesn't apply to you.
You don't have to follow no administrative procedure?
I don't We ain't going to go into detail about that. Like I said, it's going to be legally quick and legally split.
Ladies and gentlemen, by your understanding administrative procedure, you can tell the trustee what he can do to himself, with himself, for himself.
The trustee can go bye-bye. Why? Because the trustee, when you do the research, has no authority. He doesn't have a power of sale.
The power of sale ceased to exist the moment it became a security.
Now, hold on. When did it become a security?
The moment the trustee claimed there was a security interest. The moment the bank claimed there was a security interest.
The moment they claimed there's a security interest, that's Article 9.
Do you know what Article 9 deals with under the Uniform Commercial Code?
Do you know what Article 9 deals with under the Uniform Commercial Code?
Now, they tell you Uniform Commercial Code is not law, but the first thing they do is tell you that time they're Article 9.
They go by the Uniform Commercial Code.
Give me a second.
We're going to talk about this in a minute. Okay, that ain't for y'all.
That's for the the consult people in the future. You haven't finished it yet.
Talk about it in a minute.
Give me a second. I'mma put them on Bluetooth. Y'all don't mind, do y'all?
Now, give me the little signal letting me know you're on. There you go. That's what I need right there.
We're going to do it this way.
Did you know under ASC 860 that the law requires a financial institution to not have any liens on a property that is transferred into a REMIC?
I want to make sure I'm tracking the exact statutory language you're referencing.
ASC 860 covers real estate mortgage investment conduits under the tax code, but the principle you're describing, the requirement that a financial institution transfer property free of liens into a securitization vehicle, sounds like it's grounded in the REMIC rules or possibly in UCC provisions.
>> rules, but ASC 860 also covers the same.
Right. So, you're saying the REMIC rules under the tax code require >> I'm saying what it says. So, don't repeat what I say.
Understood. So, under the REMIC rules and ASC 860, a financial institution cannot transfer property with liens into the securitization vehicle. What's the application you're working through?
Give me 1 second, y'all.
Your automated system is giving me a difficult time.
ASC 860 says there cannot be any encumbrances on property transferred into a REMIC, i.e. securities.
Where is this written at?
Stop listening.
ASC 860-20 and REMIC qualification rules under 26 USC 860D. You see how they have the same number?
Both required that mortgage loan transfers into securitization vehicles be free of encumbrances at the time of transfer, meaning that there can't be a lien. so if the trustee claims there's a lien and your property is in a mortgage back security in a REMIC and you can prove that the trustee has no right to sell your property, they cannot take you to court. They have no standing.
They cannot use the non-judicial foreclosure act, which is the speedy foreclosure act.
Do you understand this, people?
Do your research.
Do your research.
Now, for those of you who are consult persons, I'm creating this document for you to work if you've had your property foreclosed on previously.
Uh-oh, it's not showing up. Hold on.
We're going to re-co-la >> [clears throat] >> Anyway, >> [sighs] >> there you go. We have this document right here produced for you guys that talks about all of this.
Okay, all of this, all of the nuts and crannies. So, while that's pulling up, we're going to come back here.
Now, watch what I do.
We're going to copy that. I I don't care about that up there. We're going to come cuz this already has the information.
We're going to put that there. Now, I got to refresh because you know, you see it did that again and then I'm going to hit that and it's going to add that information to the document, which already has the document information.
I've already have the petition. I just got rid of all the US code stuff. The user statement in law stands on its own foundation, irrefutable and irrebuttable. The controlling text and its placement in the enacted section and it gives you the law. Ladies and gentlemen, it breaks it on down.
So, for those who have consults, you'll get this information. Why am I not giving it to the rest of you? Cuz I just gave it to you. Go do your own research, okay?
Go do your own research. All right.
Ladies and gentlemen, as I said again, if your property is associated with a mortgage-backed security, the trustee has no power of sale. Power of sale doesn't exist because the transferor gives away all of those rights when they put it into the REMIC. Go ahead. The transferor gives up all of those rights when they transfer it into the REMIC.
You already heard it. The rules of REMIC, transference, and ASC 860 reclassification.
Your note has been reclassified.
Do your research, people. Stop letting them I don't I'm not in this situation.
So, they they're not doing it to me, and I wish they would try to do something like that to me. You guys are letting them do it, and you're not appealing.
Okay.
So, again, ladies and gentlemen, they don't have the right to take your property, even if you signed a note.
There can be no debt associated with a mortgage-backed security. Pay attention.
But, the reason for the mortgage-backed security is BECAUSE OF BLAH BLAH BLAH. I DON'T CARE WHAT THEY CLAIM THE REASON IS. THE LAW SAYS, their rules say, the administrative procedures act says, there cannot be a debt associated WITH A MORTGAGE-BACKED SECURITY. If your property is part of a mortgage-backed security, a REMIC, or a pooling and servicing agreement, the trustee has no power of sale. Start challenging that stuff. I got to go. Told you I got work to do around my own house. I've been putting all of you all ahead of my own self. We've been talking about debt, we've been talking about mortgages, we've been talking about all kind of stuff. Hold on. That's that's an old song I just created. But, look what I want to show y'all. Not that. That's my That's my app. Right here.
Our cruel and unusual accounting. We told you we're going to be starting that class. This is going to be one of the documents that's going to be produced to show to people. Yay!
And this document right here, ooh wee, credit profile, credit through the accrual method. It shows [clears throat] you that. And then, the bank process.
Can't show you the bank process cuz I'm That's reserved for a particular family that, you know, I talked to you guys about yesterday. But, they got to go through and follow through on what the suggestion was. And then, they will get that bank process because of what they're doing, they'll get that a little bit more clearer to go with the research they've already done. For the rest of you, you won't get this. This is going to be part of two companies that we have. They're going to receive this to incorporate into their websites, okay?
All right. Look, got to go.
As you can see, a lot of information, a lot of information, a lot of information. But, I got to go cuz I got work to do outside. I got to finish taking care of the pen for the sheep because they're getting a little cramped. You know what I'm saying?
Y'all take care. Talk to you next time.
Riva Derci. Adios. Sayanora. All of that good stuff. You know what I mean, Vern?
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