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LECTURE BY EXPERT

So who owns the debt & note?

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Foreclosure is debt collection.

= a "Note" under UCC Article 3

What if you could easily AFFORD to make your mortgage payment but  when a Global Financial Crisis hit the globe,  all you were trying to do was switch from an adjustable interest rate to a stable "fixed rate loan" before your payments might suddently go higher if the rate jumped up, so you applied for a "loan modification " to do that,

 

BUT 

 

YOUR PAYMENTS WERE REFUSED FOR NO LEGITIMATE REASON - REPEATEDLY - by a "mortgage debt collector" who refused to provide the name of the actual OWNER of your loan - REPEATEDLY - and instead RELENTLESSLY THREATENED TO FORECLOSE  - after REPEATEDLY REFUSING YOUR PAYMENTS ???

Would you GO TO COURT SO A JUDGE COULD help you make those payments directly to this undisclosed Owner of your Loan  - since the debt-collector who kept refusing to take your money obviously was incentivized to illegally foreclose on your only home instead of collect loan payments on behalf of the "owner" who they refused to tell you who that was?

WHAT IF you realized that TWO SETS OF LAWS were in conflict  -- one set of procedures that allowed debt collectors to treat you exactly in this manner!    And another set of laws that cried "FOUL?"  

Would you insist IN AND OUT OF COURT that the LAWS be enforced by your Court, rather than the procedures that could "legitimize" these companies evicting you from your home by DELIBERATELY REFUSING YOUR  UNWAVERING OFFERS TO PAY?

What if the courts were in just as much CONFLICT amongst one another  - as these "procedures" were in conflict with other laws?      ....    (Read more)

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We drove and walked through the hardest-hit zip codes of Berkeley with this flyer - addresses from public records who had a "Notice of Default" recorded against it at county clerk's office.

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As we have updated on Case Updates home page -- as of April 9, 2019 we have uncovered the cleared path to resolution and right-making in this decade-long story.

The Ramos-Yamagishi family remains in possession and continues to claim our lawful right to dwelling in this humble home which has been in our family since 1965; and which our parents were greatly helped in purchasing by our good family friends I consider as much an aunt and uncle as any, the Stevensons, who owned it prior essentially gifting our family the chance to live and own this home with no down payment.   Neither my parents' nor I would be who we became as mature adults  if not for the Stevenson's helping our family into this little house in Berkeley over 50 years ago.  I would have been raised in a very different community during the tumult of the 1960s and 1970s.

 

This humble 1910 quick-and-dirty built bungalow post 1906 earthquake and fire,  situated on "the wrong side of the railroad tracks back in the day" has undergone major and sorely-needed renovations several times over by our family and friends' blood sweat and tears since that time and even til today.  We continue seeking relief through the judicial system and earnestly seek equitable relief in a court of our Constitutional Republic, knowing that this one family's controversy (and hopefully soon-resolution)  is witnessed by sentient beings everywhere, who are interested in these matters amongst humanity.

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