By Bob Hurt, 13 July 2014, Distribute Freely
With respect to the message from Lee, way below, John Stuart is full of baloney and so is N.W. Raja the so-called mortgage forensic auditor. Please forward this reply to your mailing list. I write to set the below issue straight for the readers misled by the Stuart (show-me-the-loan) and Raja (securitization audit) BULLSHOUTS. This has to do with the 2011 Virginia Eastern USDC case of Jeffrey Brown v HSBC, for which Raja prepared a long-winded forensic exam (securitization audit).
- The so-called forensic audit report is full of meaningless history and conjecture and legal conclusions and contains not a single salient, demonstrable fact in support of the conclusions. Therefore it is worthless, and Jeffrey Brown wasted his money on it.
- In the memorandum opinion
- The court dismissed the counts 1 and 2 for fraud because the complaint did not contain the proper elements for that cause of action.
- The court dismissed count 3 and chided the plaintiff for his “show me the note” nonsense because Virginia’s non-judicial foreclosure procedure does not require a show of the note.
- The court denounced the securitization argument on the basis that nothing related to it made the note unenforceable, and because it had nothing to do with the plaintiff’s failure to make payments. And the court cited two cases in support of that view.
- The court dismissed the RICO claim Count 4 for failure to state a claim of fraud, or that any RICO violation injured the plaintiff.
- The Court dismissed count 5 (TILA rescission, RESPA, FDCPA) for failing to show the will and allege the ability to repay the lender the amount of the loan, and RESPA statute of limitations had tolled, the plaintiff’s conclusory allegations about FDCPA violations lacked factual support, etc.
- The court dismissed count 6 (slander of title) for failure to state a claim, and denounced the diatribe against mortgage backed securities and the mortgage industry (neither are illegal).
- The court dismissed count 7 (unjust enrichment) as just more whining about the mortgage industry, and because it provided no legal basis for relief.
- The court dismissed count 8 (civil conspiracy) for failure to state a colorable claim
- The court dismissed count 9 (breach of fiduciary duty), a bogus legal conclusion, for failure to state a claim.
- For all of the above reasons, the court denied the request for declaratory judgment AND dismissed the whole case, counts 1-3 and 6 with prejudice, and warned plaintiff not to file any more frivolous complaints or suffer sanctions under Rule 11.
- Here are the relevant case documents:
- Docket report – http://ia600503.us.archive.org/29/items/gov.uscourts.vaed.261118/gov.uscourts.vaed.261118.docket.html
- Loan Document – http://ia600503.us.archive.org/29/items/gov.uscourts.vaed.261118/gov.uscourts.vaed.261118.1.3.pdf
- Deed of Trust – http://ia600503.us.archive.org/29/items/gov.uscourts.vaed.261118/gov.uscourts.vaed.261118.1.4.pdf
- Memorandum Opinion – http://ia600503.us.archive.org/29/items/gov.uscourts.vaed.261118/gov.uscourts.vaed.261118.73.0.pdf
- Order of dismissal of 4 counts with prejudice, and sanction warning – http://ia600503.us.archive.org/29/items/gov.uscourts.vaed.261118/gov.uscourts.vaed.261118.76.0.pdf
Bottom line, Brown got his bottom torn up in federal court because of
- The incompetence of his legal adviser (John Stuart, I presume?),
- Reliance on a worthless securitization audit (a roll of T.P. would have more value) to save the day, and
- A TERRIBLE litigation strategy.
The mortgagor never became a party to assignment or securitization of the note, and has no standing to dispute or enforce either one in court, in spite of 2 or 3 anomalous court opinions to the contrary.
REMEMBER, all who read this, ONLY ONE METHODOLOGY stands a chance of beating the bank in a foreclosure mess – MORTGAGE ATTACK:
- Get a comprehensive mortgage examination by a competent professional, and
- Use the resulting evidence to negotiate a settlement or
- Sue for the torts, breaches, and legal errors underlying the mortgage itself.
You cannot successfully defend against foreclosure of a valid mortgage which the mortgagor BREACHED. Your best and only viable defense lies in MORTGAGE ATTACK with proof in hand that the mortgage lacks validity. Here’s the best example of such an attack that I know of:
- Brown v Quicken Loans, West Virginia
For full details on the principles of Mortgage Attack, see http://mortgageattack.com. NO, I don’t sell anything. I’m just a mortgage attack evangelist.
|Bob Hurt Blog 1 2 3 f t
2460 Persian Drive #70
Clearwater, FL 33763
Email Call: (727) 669-5511
Law Studies: Donate E-Letter Subscribe
Learn to Litigate with Jurisdictionary
On 2014-07-08 02:57, paralegals wrote:
Date: June 17, 2014 21:44:55 PM PDT
Subject: Fw: INFO on HOW MORTGAGES are created !!
Thought you all would be interested in this info, if you don’t
already have it….
I have a link from John Stuart, which then provides two HYPER links,
so I will give you those here….
Here is the TEXT from the above link and below that will be the
two LINKS with a total of 32 pages. Share with others you know
that have a MORTGAGE. At least you will have the facts of what
they do when the BANKS create a FAKE LOAN from THIN AIR>>>>
Show me the loan!
A legal doctrine developed by: John Chester; of the family Stuart
Show Me the Loan Clarification and Example of a Forensic Exam From
Attached is some of the best shit I have EVER forwarded, I mean
that. You need to read them both.
We all know I created the saying “Show me the Loan” because every
one else was saying “show me the Note” I don’t believe anyone. I
know almost everyone else has been brainwashed by the government
and the banks.
But holy shit. Some one has used my phrase Show me the loan
and written a short paper explaining exactly why I say it. Its
excellent. I get plagarized a lot, usually it pisses me off. This
time I don’t care. I just want the truth out there. That short
document shows the truth, I think better than I have shown it. This
document kicked my ass as far as teaching goes. I don’t mind getting
my ass kicked if it helps save some of you. Shit, my life is a
daily ass kicking any way.
I have also attached by link below a 27 page forensic exam and 5
page HOW LOAN ARE CREATED.
You MUST read both of these until you understand them. When you
understand these you will get it.
John C. Stuart http://www.showmetheloan.net/ — Not sure if this
link is still good…. These are the other two links that are tied to
the above article http://www.myprivateaudio.com/show_me_the_loan2.pdf
— 5 pages <http://www.myprivateaudio.com/68-1_Forensic_Exam.pdf>