Retirement Investments vs Mortgage Backed Securities

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Retirement Investments vs Mortgage Backed Securities

We the people are the beneficiariesAfter hundreds of hours of research into this giant mortgage debacle I have put 

together this brief description for the purpose of explaining its depth and

severity, and what can be done about it.

The unprecedented volume of illegal foreclosure practices led to a February

2012 settlement of $25 billion with the nation’s five largest mortgage servicers,

brought forth by the U.S. Department of Housing and Urban Development, the

Justice Department, and Attorneys General from 49 states. Described in this

policy brief, are the legal and policy issues that led to the 2010 Foreclosure-

Gate fraud. Thereby resulting in the National Mortgage Settlement, and

implications for future litigation exposure for taxpayers, who remain liable for

losses on mortgages owned or guaranteed by the tax payers via Government 

Sponsored Enterprises (GSE).

I will show how this problem is affecting us in, not only our property rights

issues, but soon will also affect the security and savings of retirement and

investment packages of millions of unsuspecting government employees, and

the employees of large corporations.

Once the fog is cleared through discovery, the solution will be self-evident.

BACKGROUND

Congress created Federal National Mortgage Association, or (Fannie Mae) in

1938 in order to use our tax dollars to buy home loans, or notes from lenders.

Fannie Mae began with $1 billion worth of US taxpayers’ dollars to use for

purchasing the taxpayers’ notes. Through the years the amount garnished, or

stolen from the US taxpayers, by Fannie Mae has grown to several trillions. The

money was used to continue to collect the Notes signed and issued by the US

taxpayers. These promissory Notes or loans have therefore been paid in full

through the “subsidies” taken from the US taxpayers by Government SponsoredEnterprises (GSE) like Fannie Mae, et al. GSEs continue and even today use

taxpayers’ money to pay the banks for the people’s Promissory notes.

After the GSE purchased our note with our US tax dollars; the banks then

proceed to bill us for the alleged loan, but with compound interest added, for a

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note they no longer possess. Again the bank was fully reimbursed for the note

with our own US tax dollars via the GSE.

This is where the problem of liability arises, because it has been generally

thought that the banks were the lenders, and note holders, which means they

used their own money to buy our note. This is not the way things work anymore. In reality the banks have shifted their modus operandi primarily to

act as servicers, or “debt collectors” for the alleged note holder which is

purported to be MERS the servicer, or the GSE, but quite literally the true

owners are the US tax payers. Yes We the People are the true note holders! It 

was our money that was used to fund our loans not the GSE, the bank, or any

other façade organization. This is why I will resist them, and do whatever is

necessary to expose and halt this thievery.

The GSEs were only set up to siphon off the money from the tax payer andcreate the illusion that the note was still owned by the bank, thereby clouding

the chain of title. A few of the smaller banks didn’t become a part of this racket 

and sell the note to the GSE, but these banks are in the extreme minority today.

Therefore foreclosures have been processed primarily by the banks, purporting

to be the beneficiaries, or the “note holders”. It wasn’t  until some of the

homeowners began fighting back, and discovered that neither the GSE, nor the

bank was the beneficiary, and henceforth had no legal standing to assign,

transfer, or foreclose on the note.The courts found that the bankers could neither produce the note, nor could

they even identify who the note holder was.

Can Fannie Mae Claim Beneficial Rights to the note?

If Fannie Mae purchased the notes, then why didn’t Fannie Mae step up and

take over the foreclosure process as beneficiary, or note holder?

462 Mass. 569, 969 N.E.2d 1118   The 2010 Court decision held that moving

forward, Banks and foreclosing entities require possession of both the

mortgage and the note in order to properly transfer title or foreclose.

Legally and ethically, only the note holder/owner can be its beneficiary. Fannie

Mae has two huge problems with qualifying as the “beneficiary” or note Holder:

1.  They used our taxes as capital to purchase our notes, so the notes should

automatically default back to the US taxpayers.

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2.  Fannie Mae has changed the structure of the notes from loans to stocks

through the securitization process, and packaged them into Mortgage

Backed Securities (MBS) and sold them to unsuspecting investors, a large

share is financed by government employee's retirement savings.

Because of these reasons Fannie Mae foresaw the problem of purporting to be

the beneficiary; so in order to further obscure their position, and cloud the

chain of title between the note and the true note holders, “We The People”, they

created another party, Mortgage Electronic Registration Systems, Inc. (MERS)

which would be called the “nominee” beneficiary to stand in place of the true

beneficiary. This is a very deceptive way to separate the taxpayers from their

investment, and the true ownership of their “theoretically” binding purchases.

So in this manner MERS creates another level of clouding the chain of title.MERS is purposefully given the illusion of the note’s beneficiary by being listed

as “beneficiary nominee” on the deed of trust recorded at the county. MERS is

also said to be created to more efficiently preform the laborious task of 

assigning mortgages from one bank to another. Keep in mind that the

traditional lawful assignment/transfer recorded at the local county recorder’s

office happened because the note was sold from one bank to another, which

means the note was signed over to the new entity. However, with MERS it only

pertains to servicing rights. Actual ownership of the note is seeminglyirrelevant. Although any legal transfer of the notes’ beneficial interest must be

performed by the true beneficiary, according to law. This little secret has

eluded home owners, judges, and the local sheriff as they act on what they

believe is truth, and allow the illegal home confiscations to continue.

Although MERS has been able to fool some Judges into allowing false

beneficiaries to foreclose on the people’s property, MERS continues to lose

ground where informed and decent judges preside.

MERS continued to proliferate as the “nominee beneficiary” and by September

2010 approximately 65 million American mortgages were in their name. MERS

is a Delaware corporation whose sole shareholder is MersCorp. MersCorp and

its specified members have agreed to include the MERS corporate name on any

mortgage that was executed in conjunction with any mortgage loan made by

any member of MersCorp. Thus in place of the original lender “the taxpayer” 

MERS is named as t he “nominee”, a so called “nominated” and a separate

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corporation. MERS is used to transfer the note around, in order to create a

deceptive ownership cloud and further separate the note from the true lenders,

the US taxpayers. This has given MERS a largely unchallenged illusion as the

beneficiary/note holder. MERS is thereby able to take the spotlight off of the

servicer who claims to be the beneficiary, and Fannie Mae who if targetedwould easily lose the battle of beneficial rights to the note for the above stated

reasons 1, and 2. Therefore it is no surprise that MersCorp was created by the

former C.E.O.’s of Fannie Mae, Freddie Mac, Indy Mac, Countrywide, Stewart 

Title Insurance and the American Land Title Association in the early 1990’s.

The executives of these companies have stolen billions of dollars of unearned

bonuses and free stock by creating so-called mortgage backed securities using

mortgage loans to almost any borrower thereby creating a huge false demand

for residential homes causing the housing market to falsely inflate the value of most all homes. MERS was used to transfer loans around so as to obscure the

huge scale of their banks and Fannie Mae’s true involvement. MERS has thereby

enjoyed unbridled power to transfer trillions of dollars’ worth of notes paid by

the US taxpayers at the behest of the US bankers in conjunction with the GSEs

like Fannie Mae, et al. These are extraordinary crimes against the true

beneficiaries “we the people”, and our dutifully paid taxes. And the plot 

thickens.

HOW MORTGAGED BACKED SECURITIES ARE USED TO STEAL FROM

RETIREES AND INVESTORS.

The US Banks National Association, GSE, MERS, Federal Reserve, et al , will be

referred to as the US Money Changing System. The US Money Changing System

operates by and large unchecked, and unscathed by the US regulatory agencies,

who allow them to perpetrate these crimes against the US taxpayers, or we the

people, with an occasional hand slap for an appearance of diligence. The

reason why I am categorizing these entities as the US Money Changing System

is simple, they all work in agreement to steal from the US tax pool and line their

own pockets with the unsuspecting, and unrepresented taxpayers’ money.

They are accomplishing these crimes against  “we the people” obscured by

myriads of ever changing regulations and unlawful entities, while purposefully

overlooking the element of their program at its foundation that actually is

“stealing our taxes”.

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Armed with an illusion of prosperity and short term gain based in greed, tax

funded subsidies have only brought more debt and long term troubles to our

country.

At this point in time this false structure built on tax subsidies seems

overwhelmingly large and all encompassing, and therefore seemingly “too bigto fail”. They purport themselves to be necessary because of how broad and

wide their illusionary effect seems for our country. The truth is the debt is

owed to the taxpayers and should default back to them, not the US Money

Changing System. Our system of trade and capital would thrive without these

market manipulators stealing our taxes and investments. In truth our taxes are

an investment in our government to do what is good for the country. But when

we are lied to and deceived at this scale it is almost unbelievable, and out of 

fear most ignore the problem until it eventually overtakes them.The Federal Reserve Bank is privately owned and has never been audited. The

Federal Reserve Bank prints new money now at a breathtaking rate of over $85

billion a month in what is called quantitative easing three (QE3).

The US Money Changing System has undermined the government’s retirement 

investments by duping their investment purchasers into investing their

retirement money into the multiple securitized note packages, or Mortgage

Backed Securities (MBS), all the while the investors have been largely ignorant 

of their true value, as being disconnected from their beneficiaries by the falsedeed of trust, or its security instrument. A note is not a security, it is a loan, and

a loan cannot be sold as a stock unless it is converted into a stock. This

conversion called “securitization” nullifies the collectable properties that the

note once had. Fannie Mae has securitized these notes, which reclassifies them

as stocks, then packaging them and selling them as stock investments to

unsuspecting investors, largely the US, State, and local government employees

for retirement packages. Most investors don’t understand the process these

notes have gone through with securitizing them and changing their structure

into stocks. They have been told they are backed by mortgages, or deeds of 

trust, when in reality the note has been severed from the deed of trust through

the break in the chain of title. They have sold retirement packages to state and

federal employees by investing a high percentage of their hard earned monies

into these mortgaged backed securities. The MBS are fraudulent “snake oil ” to

retirees, and investors, and are failing as they are slowly being uncovered one

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step at a time through lawsuits of various investment entities that are

discovering their true nature and demanding restitution through lawsuits,

because the stocks are not paying off as promised.

A full disclosure of this system would shock the general public (who are paying

taxes) into action; thus their illusion of ownership/power is being kept alive bythe lack of integrity in the enforcement of our State and Federal law, and by the

ever expanding barrage of foggy regulations sluggishly enforced by federal

agencies, such as the OCC, SEC, Treasury Dept. FDIC, etc.

CONCLUSION

To reiterate, the loan originator was the only beneficiary as shown on a

promissory note. Because MERS has assigned beneficial interests of the loan to

other servicers, or debt collectors, they have clouded the title and separated theassets from the investors, or beneficiaries. We the people could demand

restoration of these real property and MBS investments and reclaim our soon

to fail investments.

If the judicial system will uphold the law, as the Washington Supreme Court did

in Bain (Kristin), et al. v. Mortg. Elec. Registration Sys., et al., No. 86206-1 against 

such damaging and illegal actions from these entities, then we the people may

enjoy the security our law was designed to create, but if the local justice system

fails to uphold our State law, and allow this breach, these illegal entities willwreak havoc within our local communities, and eventually even our retirement 

investments will be lost in the ever declining world of “mortgaged backed 

securities investments”. This would warrant we the people to rigorously defend

our property rights and civil rights.

By: Samuel Salmon