If we are a country of laws, it seems the banks should also be required to follow the law!

I think he also thinks I am just trying to skip out on my mortgage. I think he still thinks I am a bad guy.

I am sure he is ignoring the law. But I could tell by his face that he was genuinely concerned by all of this. He listened intently.

During the hearing, opposing counsel, who wants to make me out as someone trying to game the system, made a serious mistake. She told the judge that all I had to do to confirm that Fannie Mae held my mortgage was go to Fannie Mae’s website and look up my loan. Well after the hearing I did, and Fannie Mae’s website clearly shows that Fannie Mae does not own my loan as my original lender, now servicer, has been telling the judge. OOPS! It took me all of five minutes to find out.

So today or Monday I will file a motion with the court (it is already done) to make payments into the registry of the court pending appeal and as part of my grounds I will be attaching a screen shot of the Fannie Mae web page which shows that Fannie Mae does not own my loan. Putting funds into the registry of the court is something a party, who owes money, but does not know who he owes, is something the courts commonly do. I will get to point out once again nobody knows who I actually owe and it would certainly be unjust to continue paying someone who can’t prove that I owe who they claim I owe.

So we will have a hearing on that next Friday or the following Friday. It is uncommon to allow this though when you have lost at the trial level so I don’t expect the judge to allow me to do so, but he might.

In the meantime, we will be getting ready to go to the Court of Appeals, and after that, the Tennessee Supreme Court.

If anyone wants a copy of it I will send a pdf.

Email me at davidgmillsatty@hotmail.com.

Hearing is put off till October 28.

I am current on my mortgage, and actually what prompted me to take the action I am taking is that I had paid off my second mortgage but my lender refused to surrender my paid off second mortgage note. My lender also refused to prove to me that it had my first mortgage note or that it had the authority to make payment demands.

So I decided to sue my lender.

I decided that if the “produce the note” strategy was working for people who were in default, it would work for those who are not in default. If the bank doesn’t have the right to foreclose, it doesn’t have the right to demand payment either.

The Uniform Commercial Code is the homeowner’s best friend.

UCC 3-501 requires a lender to “exhibit the note” when the lender makes demand for payment, and the borrower demands to see the note. Technically a demand for payment occurs every month, and it also occurs when a bank begins foreclosure proceedings.

UCC 3-501 also requires a servicer to show authority to make a demand for payment, if it does not own the note, but is merely servicing it. In the event a noteholder or servicer or will not exhibit the note or perform other legal requirements when requested to do so by the borrower, this UCC section allows the borrower to discontinue payments WITHOUT DISHONOR until such time as the noteholder or servicer complies with all laws or contract provisions.

Also helpful is UCC 3-309. UCC 3-309 requires the lender go through certain steps to prove up a note (make it enforceable) that is lost or destroyed. This is not easy for the lender to do, if one is willing to contest everything the lender does to try to prove up the note. This proof takes witnesses, who may not be able to say what the law requires, if the witnesses are thoroughly cross-examined. (Tip: Don’t let the lender get by with self-serving affidavits; take their witnesses’ depositions). Moreover, this section requires the lender to give adequate protection in the event the lender can make the lost note enforceable. That may be difficult for a lender that is under FDIC scrutiny and whose stock is in the tank.

I filed suit in March and so far my lender has vigorously put off answering my suit with what I believe was a meritless motion to dismiss, but has not yet produced either note, and has confirmed my unpaid note was sold to Fannie Mae. This is clearly a justiciable controversy as will be clear when I ask the court to allow me to put my future payments into the registry of the court until the note is proven up and authority to make demand is proven.

If the bank really believed it had the evidence to compel me to pay, it would have gladly produced the note by now with proof of authority to demand payment. They have steadfastly avoided having to do this. Chances are the note is lost or destroyed.

It gets even better. MERS is the sole beneficiary of my Deed of Trust (quite often the case for homeowners on Deeds of Trust since 2000). The Arkansas Supreme Court has just ruled in March of this year that MERS was not the beneficiary of a Deed of Trust (with language verbatim to mine) despite what the Deed of Trust said, because MERS has no interest in the note payments or in the corpus of the trust (homeowner’s obligation to pay). No beneficiary means the Deed of Trust is fatally flawed.

More and more it is looking like I will have the lien on my home removed and I may well never have a noteholder to pay. I could even get some of my money back.

I have a hearing before the court (I’m in Memphis, TN) on August 28. We shall see what the court does in this first hearing.

If anyone would like a copy of my complaint, email me at davidgmillsatty@hotmail.com and I will send a pdf copy.

I would welcome anyone wishing to post a pdf of my complaint on a prominent website for review as I don’t have a website of my own.

I took on my own industry in the 1960’s for the practice of REDLINING, and have done it again for something much more hideous…hijacking our government institutions and attempting to establish world rule by setting up one international bank under varous names who tell legislators what they want passed. So far they have gotten what they want in the U.S.

Through discovery I have uncovered two basic widespread truths:
1) Insiders in the government are on the take for favors to the mega-banks, and
2) the mega-banks are making numerous, and big, mistakes.

The Office of the Comptroller of the Currency has protected Wells Fargo ( the old Norwest boys using a new name and an old stagecoach )using a mask called America’s Servicing Company to do dastardly deeds with total immunity ( so far ). Congress and the new President have been selling us hope that does not exist, in fact it is designed to launder even MORE money into the insiders pockets. Hope for Homeowners took millions of govt money and produced only 51 modifications !! MEANWHILE fdoeclosure attorneys have been billing foreclosed borrowers enormous fees for the Hope for Homeowners program !!!

Daily I uncover more and more incredibly shocking wrongdoings and legal remedies for myself..so much it is hard keeping up with things they are trying, and have so far, gotten away with.

The biggest problem is that the average and honest citizen and lawyer is no match for the organizational and influential polished machine the Entrenched Ruling Elite have had years to perfect. But that is slowly changing.

I’ll give it a little shove with three documentaries : FIRST WE TAKE THIER MONEY, THEN WE TAKE THEIR HOMES, HOW BANKS CHEAT YOU, and RETHINKING FORECLOSURE.

Any input any of you have, would be greatly appreciated and publicized.

Feel free to call me
As for MERS, their exec’s are now afraid to speak with me because I’ve caught them with their pants down, so far down their tripping over their own ankles..seems they are awash in Unfair and Deceptive Trade Practices that I’m amazed no attorney has called them on the carpet for as yet.

My two-inch thick action is growing and expanding, and I am looking forard to my depo’ing Dick Kovacevich, John Stumph, and James Strother and a few dozen of the MERS insiders plus a few top exec’s at about six big banks that WILL be able to explain to Congress AND the American public just what they have done with our monetary system and
representative form of government that right now represents only these insiders.

I’m looking for good, capable, clean Independent candidates for federal office in the upcoming elections..care to run or know someone who should be recruited ???

All it will take is about 30 house seats and 10 senate seats to change things..the pay is great and retirement benefits OFF THE WALL..and that’s just if you don’t accept bribes and payoffs !!!