The Existential Battle for the American Way of Life
Initially Posted on Substack
I have been thinking a lot about this battle I have been fighting and where I am right now. I recently came to the conclusion that it is bigger than most realize and even bigger than I had realized. It is an existential battle for the American way of life.
I am nearing the end of the journey, and the war is almost over. It is still unclear who will be the victor; however, if my faith serves me, God will ensure justice is served, even if it is not in this life. If I have learned anything on this journey it is that God is always in control. Whatever happens is only according to His will.
Sometimes I wonder if the entire purpose of this battle isn’t simply for me to let go of everything material, and cling to the promise of glory in the next life. “Vengeance is mine”, says the Lord. Why He put on my heart this fierce desire for justice in this world is beyond me. We, who have a strong faith, know that what we each experience is intended to bring us closer to God. So then, how do we resolve this while being engaged in any battle? These are the things I have grappled with, especially when I consider giving up.
A Lonely Battlefield Against a Monster System
Then I remember what it is I am fighting. I must say it is a lonely battlefield. While I have my foreclosure fighter friends who understand the fraud that is the current mortgage industry, I know of nobody who has made it as far as I have. I’m assuming they exist, but I do not know them. I wish I did, because only someone who has the conviction that I have been blessed, or maybe cursed, with would understand. Most of my fighter friends understand the futility of our court system. This is likely why most have opted out of the battle in the way that I have chosen to fight.
At this point I have no hope in our legal system but I feel the public should understand what has happened and how this particular battle threatens the very existence of America. What I have learned, and will be sharing, exposes a monster that might be too big, at this point, to destroy. I hope I’m wrong, and I hope what I expose will help the public to demand change. Please stay with me on this. I am, after all, trying to put into words what I have discovered over the course of fifteen years. The culmination of this has been the cause of some very dark moments in my life, and I do not depress easily. In fact, it is not the corruption that has caused such chaos in my soul, but the lack of knowledge, coupled with the desire for money, within the ranks of our government.
I see truth seekers, truth speakers, and individuals who appear to be incredibly principled glossing over this issue, and even subtly and sometimes not so subtly supporting it, even though the truth is hidden in plain sight. I see podcasters who are exposing the greatest evils in our world offering mortgage financing companies a platform and using these funds as a sponsorship. I see channels that regularly expose evils in the world who complain about mortgage rates and the skyrocketing cost of homes but fail to see what is right in front of them.
The Gaslighting Is Real… and It is Heavy
I have been accused of “squatting” on my own land by people who claim to care about me. My own aunt, who thinks she is awake to what is happening in our system had the gall to call me a squatter. And then she wondered why I have no use for her anymore. But I digress, sort of. It is important for people to see how this monster encourages family members to gaslight people for daring to question the status quo. The gaslighting is incredible. I have experienced it in nearly every aspect of my world, not the least of which has happened in the courts. I have been attacked because I am fighting for justice.
I was the subject of an “anonymous” flyer, which prominently showed my mugshot from fourteen years ago, which occurred as a result of challenging a building permit. Yes, I have been challenging the abuse of government authority as well. “Squatter” was the label used. The reason for the flyer is not relevant to this article except to say that no good deed goes unpunished. My point is that this is how the system has created a successful gaslighting tool to shame Americans from defending their properties. It uses our own neighbors and families to do so.
As a result of the very successful gaslighting campaigns and even things like these advertisements on podcasts of people we trust, our country is being destroyed. People are walking away from their properties because they have no true understanding of our financial system and they trust the “education” we have been given now for decades.
Apathy Is Destroying Our Country
Because of this lack of knowledge, most people don’t put up even the smallest fight. Many times, people walk away from their homes upon receiving a “Notice of Default”. Most others walk away from their homes upon receiving a summons for foreclosure. Few choose to research and even fewer stick it out as long as I have. As a result, the crooked players take over abandoned properties, inflate property values, and courts thus believe the homeowner had no claim.
People have been brainwashed into believing we need attorneys to defend ourselves and now, attorneys cost more than a mortgage payment. Then again, our public fool system fails to prepare us to understand the law or the system, so most people are incapable of defending their properties without an attorney. On top of this, we have this “sovereign citizen” (oxymoron) movement, or whatever it is, that has severely harmed pro se litigants.
The Danger of the “Sovereign Citizen” Argument
Don’t get me wrong, I went down that rabbit hole and even tried some of the things. I came to realize that even if any of it is true, those in our government do not believe in it or understand it. Worse, it is being used as a way to attack the credibility of homeowners or defendants who use these “methods”. At this point I just wish people would stop promoting this stuff and, especially, stop trying to use it in courts. We have an absolute right to defend ourselves and our own properties and the only real, but now nearly extinct, tool is the court system.
In fact, there are plenty of conventional defenses using the court’s own rules, the laws, and case law without resorting to “sovereign” arguments. It is my opinion that if only people would learn and understand property law and property rights, we could actually make a change. There is no “silver bullet”. While we understand now that we are the creditors of the entire system, and currency is created when we sign a “loan”, we must use existing laws to argue these things. They do exist, and yes, it can be complicated, but nothing will change unless we educate our judges. Of course, what we are seeing these days is not simply a lack of education but a concerted effort to rule against homeowners. This is a very serious problem that must be addressed. I hope to address this through my writings, and I hope something is done about it.
Property Rights – An Archaic Concept
Unfortunately, the current generation(s) of Americans have no idea what it means to work for their property and then fight for it. Back in the day, people literally toiled in order to acquire and hold on to their land. Today it has been easy to just leave when the going gets tough. I propose that those times are quickly coming to an end and people must understand the nature of property ownership and the laws that were put in place to protect it. Our founding fathers knew how important it was to place safeguards around our private property and we have some really good laws on this point. Why, then, are people’s properties being handed out like candy at a parade to corporations that do absolutely nothing to deserve those properties?
Look no further than the courts. The puppet masters figured out how to create a legal system that is fully contained within itself. The good attorneys are attacked and disbarred and the bad attorneys are protected. I will do a thorough post – or two or three – on this at some point. For now, suffice it to say that none of the injustice I plan on sharing with you would be possible without the complicity and actual actions of the judiciary.
Am I A “Squatter”?
That said, let’s talk about “Squatters” and what I am being accused of being.
Squatter: “a person who unlawfully occupies an uninhabited building or unused land”
Squatter vs. Trespasser
- Trespasser: Enters property without permission but without establishing residency. This is a criminal offense in all states, and police can remove them immediately legalclarity.org+1.
- Squatter: Establishes residency without permission. This is generally treated as a civil dispute over possession, not a criminal act, so removal usually requires a court order legalclarity.org+1.
I’ve owned and maintained the property since 2003 therefore I cannot be considered a “trespasser”. How about a “squatter”? I had a house built and we moved into the house in 2008. I had permission, from myself, to be a resident. I left the property when the sheriff served a “writ of assistance”; however the writ explicitly stated that possession was to be given to the “purchaser”, “WFBNA HV 2007-1”. I asked a lot of questions and did a lot of digging. What I learned is that the individual given possession has no connection to WFBNA or HV 2007-1 (more on this later). I was away from the property for several weeks, as I contacted various individuals claiming I needed their permission to access the property, or my personal property. I discovered that none of them could prove themselves to be the “purchaser” or its “assigns”.
I also learned that the sheriff’s office did not bother to verify or validate the identity or authority of the individual they “assisted” in taking possession. I have since acquired a great deal of information showing that I was forced to abandon my property. By the way, nobody actually took possession of the property. It was vacant and, essentially, abandoned. So I filed suit and reoccupied.
Most importantly, title has never been litigated. A summary judgment cannot be considered actual litigation and I now have evidence that a “sale” never actually occurred and therefore consideration was never paid. I have learned that the special master’s deed is void and therefore I believe, wholeheartedly, that the land still belongs to me regardless of the ramblings of the uneducated and ignorant, and even regardless of the refusal of the courts to do their job.
Check… or Check Mate?
I am currently in a sort of deadlock with the entity that claims I do not own my property but who can also not prove ownership in itself. What I have learned over the years is that foreclosed properties are not actually being acquired by anyone with lawful authority to take possession and that a foreclosure is essentially nothing more than a “forced abandonment” action. This appears to be true in one hundred percent of foreclosure situations involving allegedly securitized trusts.
Based on a great deal of research before the “eviction”, and a painstaking effort to attempt to obtain evidence that a foreclosure “sale” actually occurred and consideration was paid, I learned that practically nothing within the foreclosure process is legitimate. I mean, nothing is supported by any evidence and these entities taking homes can generally prove no authority to do so.
On one hand I could walk away and permanently leave my property and allow the crooks to take and sell my property or I can stake my claim and make them prove ownership and a right to possession. Once I get into the nitty gritty details you will understand the conundrum in which I have currently found myself. Eventually I will share how I went about this and the exact evidence I ultimately obtained but for purposes of this post, let me just say that I am far from being a “squatter” on my own land.
The Possession Vacuum, How this Began, and the Lack of Evidence of a “Sale”
I am dealing with a complete “possession vacuum” right now where various players are claiming I am not entitled to possession of my property while, at the same time, being unable to prove a lawful right to possession. Before I get into the details of this it is important for me to state that if I had even the slightest belief that the property does not belong to me, I would have been long gone. If the players had provided a modicum of evidence, I would not be at this juncture.
Below is a summary of why I went down this rabbit hole and what I discovered:
- Post 2008 financial crisis I learned that fraud was involved in the mortgage industry, particularly those originated by Countrywide Home Loans and its affiliates, which is the company that originated my mortgage.
- At some point Countrywide stopped sending me statements, and I began getting them from Bank of America, N.A. (BANA).
Who Was Entitled to Payments?
- Around October of 2011 I began sending qualified written requests (QWRs) to Bank of America, N.A. (BANA), to whom I was sending payments, asking for the identity of the owner of my note and for its lawful authority to seek payment.
- As I was disputing the validity of the debt, I ceased making payments (this was the recommendation from the pages I was following on this topic).
- BANA claimed my note was owned by Wells Fargo Bank, N.A. as trustee on behalf of the certificate holders of the Harborview Mortgage Loan Trust Mortgage Loan Pass-Through Certificates 2007-1, “WFBNA HV 2007-1”.
- I had never heard of this entity, I was no longer paying Countrywide, and there had been no evidence of any other entity acquiring a right to my payments. There was no assignment on the record in my county indicating this alleged ownership.
REMIC Laws are Strict
- As the note was purportedly in a REMIC trust, it should have been transferred within 90 days of execution. Without an assignment it was impossible to know if and when it ever transferred.
- Former employees of Countrywide were being deposed in foreclosures across the country around that time, and testifying that notes never made it into trusts but were actually imaged and destroyed.
- Shortly after responding to my QWR, BANA claimed “servicing rights” were transferred to Select Portfolio Servicing, Inc. (SPS).
The One-Sided Foreclosure Action and Summary Judgment
· A foreclosure action was not filed until March of 2013 and then not served until June of 2014, with an attached “corporate assignment of mortgage” (CAM) dated January of 2013.
- The CAM claimed the note was transferred from Mortgage Electronic Registration Systems, Inc. (MERS) to WFBNA HV 2007-1 by Greg Ott as “Vice President”.
- Greg Ott was an employee of SPS at all times relevant.
- Summary judgment was granted by then-judge David Thomson (now New Mexico Supreme Court justice) after a fifteen-minute hearing dedicated to the motion for summary judgment and two other motions. The only “evidence” relied upon was an “affidavit” of Diane Weinberger, an employee of SPS, who claimed SPS was “attorney-in-fact” for WFBNA HV 2007-1. I had attempted discovery, but SPS attorney Larry Montano of Holland & Hart LLP filed a Motion for Protective Order. Judgment was granted while this was pending.
No Evidence of Authority
- No power of attorney was ever provided in any filing nor is there a POA recorded in my county or in Salt Lake County, where SPS resides (I spoke to a county representative for twenty minutes who tried locating such POA).
- Other such POAs exist for other “trusts” but none for HV 2007-1
- Without any documentation of authority, not only does it appear than none exists, we also do not know what type of authority was actually conveyed. E.g. what WFBNA HV 2007-1 allows SPS to do on its behalf or whether it is legal.
- The Pooling and Servicing Agreement (PSA) for HV 2007-1 names Countrywide as master servicer and no other public filings with the SEC show SPS to have ever acquired servicing rights.
Special Master Not “Duly Appointed” and Discrepancies Between Judgment and “Sale”
- An alleged “sale” was held on March 3, 2021 by an individual named David Washburn (more on him later).
- Washburn executed a “special master’s deed” on March 4, 2021, which claims he was “duly appointed” at that time. However, here are the issues between the judgment and the notice of sale (NOS):
The Judgment granted ~$492,000 (likely an error due to the copying and pasting of these judgments for “rubber stamp” but never corrected).
The Judgment allowed interest from the date of judgment (8/22/2016) to the date of sale at a “prescribed rate”. According to the motion for summary judgment, the interest amount would be requested via separate motion, which never happened.
The NOS included a judgment amount of ~$617,000 with interest at a rate of 3.375% (never prescribed) for 15 months longer than allowed (15 months before the date of judgment).
The Judgment appointed Hon. Jay Harris (Ret.) or his designee as special master. Washburn was not designated nor was he substituted according to Rule 1-053 NMRA and therefore was not “duly appointed” as of March 4, 2021.
- Rule 1-053 NMRA requires that evidence and exhibits be attached to the special master’s report, which did not happen and never happens with foreclosure “sales”.
- I objected to the fact that Washburn was not “duly appointed” at the time of the sale, which alone should have voided the sale and required proper substitution.
- I also objected that Washburn is not a licensed attorney but was drafting or “filling in” legal documents (see State Ex. Rel Norvell v. Credit Bureau of Albuquerque, Inc.)
To learn more about Foreclosure Sales, read the following articles:
URGENT – Untrained Judges Approving Illegal Foreclosure Sales and
The Foreclosure Sale Crisis – Homeowners Losing Rights
Courts’ Denial of Disclosure of Records and Evidence Under IPRA
- I attempted to obtain the evidence relied upon to execute the deed via the Inspection of Public Records Act (IPRA) to Washburn in May of 2021; I sent the same IPRA request to the First Judicial District Court.
- Both Washburn and the FJDC denied my request claiming Washburn was privately employed and therefore not subject to IPRA.
- A presentment hearing, as well as a hearing on my motion to strike the report, was scheduled for August 4, 2021 but I did not have any evidence of a sale in order to properly object.
- I filed a Petition for Writ of Mandamus under IPRA in the FJDC in June of 2021, as time was of the essence.
- The FJDC judge assigned (Matthew Wilson) denied my petition, ordering the petition to be served as a regular civil action, which defeated the purpose.
- In July of 2021 I filed an expedited motion to compel the special master to produce evidence (along with other necessary documents) of the sale and I requested a stay pending such production.
Confirmation of Sale With No Actual Evidence
- At the hearing on August 4, 2021 Judge Bryan Biedscheid attempted to hear my motion to strike without addressing my expedited motion.
- After several attempts, and my repeated question of whether a stay would be granted, Biedscheid denied my request for stay and, regarding the expedited motion to compel, claimed that the other party should have an opportunity to respond.
- Instead of granting the stay so the other party could respond and so my due process rights would be preserved, Biedscheid issued the order confirming the sale, denied my motion to strike, and ignored my expedited motion (note – the opposing party never provided a response and Biedscheid never ruled on the motion).
- I amended my IPRA complaint to add the FJDC, as I believed (and still believe) that evidence of the sale is public record, as the special master is supposed to be an “arm of the court”.
- By this time, it was too late to legitimately challenge the “sale” therefore I did not appeal the confirmation.
- The court in the IPRA case ultimately dismissed my complaint claiming the Special Master’s records were not subject to IPRA disclosure.
The Non-Existence of Evidence and the Truth About Foreclosure “Sales”
- I was, however, able to obtain discovery from Washburn, the special master, and what I learned was shocking and worse than I originally believed. One of the counts on my lawsuit was unauthorized practice of law, as I believed that Washburn was drafting the documents himself. In truth it was the attorney hired by SPS that was drafting all of the documents and Washburn was signing the documents with no verification of anything. It turns out this is how it is done in all of these foreclosure “sales”.
- The most damning information I learned is that there is no evidence of a “credit” of a judgment or account. The special master executes a deed, claiming to have personal knowledge, without actually verifying whether an account was ever credited.
The story gets worse and worse, which I will continue later and fill in all of the blanks. Essentially what I have discovered, with evidence, is that the foreclosure action itself was entirely prosecuted by SPS using documents created by its own employees. The purported “authority” it claimed to have to act on behalf of WFBNA or HV 2007-1 was nothing more than a statement by SPS itself, with no supporting proof. The judges acted as agents of SPS throughout the entire process, as did the sheriff when serving the writ.
Judges Harming Homeowners
The reason it is necessary for you to know about all of this is: 1) so you can see how judges are harming homeowners by refusing to require evidence of anything, including a “sale”; 2) courts are actively hiding this information; 3) appeal of a “sale” with no evidence is futile, as there is no evidence for the appellate court to review; 4) judges’ orders are viewed as gospel and unimpeachable. On top of the validity a court’s order holds, if a sale is appealed and then affirmed, because there is nothing for the appellate court to review, it is nearly impossible to attack it. Nearly impossible, not impossible. What I have learned is that the facts, evidence, law, and truth are all on my side. But the courts are not. When the courts are not on the side of the people, we may as well not have any facts, evidence, law, or truth.
There is more to the story of the deed, which I will discuss in the next article. But for now, it is important for me to state that the “evidence” I was able to obtain through discovery in the IPRA lawsuit as well as another lawsuit – a trespass lawsuit against the players who served the “writ of assistance” is non-evidence. Or maybe it is evidence that a “sale” never actually occurred. My title has now been clouded and I have been deprived of property and injured through the unlawful execution of a writ. There are serious issues surrounding issuance of the writ, which I have not even touched on. The list goes on and on.
Violation of Due Process
The case law is very clear. Before anyone can be deprived of property there must be due process. People cannot be deprived of property “summarily”, without actual litigation of facts and evidence. See Ott v. Keller. Yet, in every foreclosure case I have ever researched in New Mexico, there is rarely litigation and primarily summary judgment along with the “rubber-stamping” of deeds and orders of confirmation of “sale”. I have never seen evidence provided with a sale report, and, to my knowledge, the entire “sale” process is conducted solely by the servicer’s attorney with no independent review by the court. This happens despite the requirement for the court to “supervise” the “sale”. See Armstrong v. Csurilla.
The people are going to continue losing their properties and “servicers” with absolutely no right to those properties will continue to take possession. In my case, SPS, also has subsidiary companies and affiliates that are directly involved in the valuation and listing of properties. Tell me this is not a conflict of interest!
Conflict of Interest – Judges and Special Masters
With regards to the foreclosure “sales”, it was always my belief that the reason no judge wants to engage me on the sale issue, is due to a deep conflict of interest. There is an incestuous relationship where every judge that presides over foreclosures essentially rubber stamps the special master’s report. The special master is hired and paid by the “servicer” and its attorney. The “servicer” engages in the foreclosure action claiming to act on behalf of the named plaintiff, which is usually a securitized trust. Thus, the judge is essentially an agent for the plaintiff.
The special master’s report is presumed valid, even without evidence. As a result, county land records consist of thousands of clouded titles and the only hope anyone has to rectify this is the passage of time and the continued apathy towards this serious situation.
So right now, it might look like I’m “squatting”, but in fact I am staking my claim to land that I acquired on my own, which I, alone (and my husband of course) have improved an maintain, and to which no individual has shown any right.
In the next article I will expand on this “squatting” issue as well as what I have learned. I will explain why I returned to my property after I was “forcibly” removed by the sheriff, and where things are right now. I will also discuss how the courts are the problem and how I, and many other foreclosure fighters, have lost all faith in our judiciary. They will not break us, but this information can break them, so it is important that it is shared.
