House to sell at Courthouse Steps
Posted in the London Forum
#1 Jan 5, 2012
My home is in foreclosure, I have not got a date yet but expect that my home will be sold on the courthouse steps. I was wondering if anyone has went through this. Are you required to let people come into your home to "look" at it?
#2 Jan 5, 2012
If it is being sold at the court house steps does that mean they are selling it for back taxes? I have never heard that a forclosed home being done like that. I would think that a foclosure would just go to the lender.
#3 Jan 5, 2012
Forclosures do go on the court house steps and the lender will be there to bid on it and no you dont have to let people in your house.
#4 Jan 5, 2012
No, foreclosed homes are typically sold on courthouse steps. And no, there shouldn't be anyone coming through the home.
#5 Jan 5, 2012
If the lender and the owner own the house why would the lender have to bid on it?
#6 Jan 5, 2012
You will be evicted from the property before they sell it. Its along process.
#7 Jan 5, 2012
Even though the lender is foreclosing its part of the foreclosure law to get the highest amount possible for the home and the lender wants the home they have to bid against others to buy it back. So therefore the home goes on forced auction and thats open to the public for bidding.
#8 Jan 5, 2012
If the lender has someone interested in buying it they will do any crooked thing they can to make sure that someone gets it. They will turn down others bids and anything else, Its all who you know in this crooked little town.
#9 Jan 5, 2012
Grace have you considered a short sale. You should also try to speak with your lender and try to renegotiate your interest and payments.
#11 Jan 5, 2012
“Institutions which pretend to lend money, and do not lend it, but create it, and when it is repaid to them, de-create it and have achieved the physically impossible miracle thereby, not only of getting something for nothing but also of getting perennial interest from it.”
So the Banks create money out of nothing and charge you, the customer, over 10% interest to borrow it. And woe betide you if you default.
Every Bank loan or overdraft is a creation of entirely new money (credit) and is a clear addition to the amount of money in the community. It is no more than a record in a Bank ledger or computer and is actually the creation of new money out of nothing.
The bank recorded your promissory note (money) as a loan from you to the bank. The bank even recorded a bank liability showing that the bank owes you $10,000 of money (promissory note) as a loan from you to the bank.
The proof is in Federal Reserve Bank publications Modern Money Mechanics, page 6, and Public Debt: Private Asset, page 2, and many other publications admit that the banker created new money when the bank used your promissory note as new money which the bank deposited into your checking account with your name on the checking account (a deposit records the loan from you to the bank).
The $10,000 loan from you to the bank funded the $10,000 check returned to you as a loan from the bank to you. Two loans were exchanged. Bankers universally agree that the one who funded the loan should be repaid their money. They owe you $10,000.
The bank never loaned other depositors' money to you, and the bank never loaned one cent of the bank's money to you. You funded the loan to yourself! You owe the bank $10,000 and the bank owes you $10,000 as proven by the bank's $10,000 bank liability.
What do banks do with this credit which we created with our signing of promises to pay? They lend it to you plus interest.
"A national bank has no authority to lend its credit."
Banks are not permitted to lend their money or their assets; they are allowed to lend only credit; credit which WE created. There is only liability which is being spread around with the added liability of interest attached to it each time it is used to ‘pay’ someone. The value of the note is thus diminished each time.
#12 Jan 5, 2012
"A holder who does not give value cannot qualify as a holder in due course." (Uniform Commercial Code §3-303.1)
In securities law, the most important requirement is full disclosure. Investors have to be given the full scoop. You cannot hold anything back. Everything-lawsuits, criminal records, market share, debt-has to be disclosed. This same type of disclosure is required in the Truth in Lending Act as well.
1. Does the bank raise an asset to itself, in addition to the liability?
2. Was this disclosed in the contract?
3. Was I compensated for the bank using my note, and my signature, to raise this asset to the bank?
4. Was this account containing the asset for the bank, opened before the bank received my note?
5. When I pay off the loan, who gets the asset the bank raised to itself, with my note?
QUESTIONS DERIVED FROM PRIMARY QUESTIONS
6. Is, there fraud Here?
7. If there is fraud here, what are the damages?
QUESTIONS THAT MAY LEAD TO THE DISCOVERY OF FRAUDULENT DAMAGES
8. Was there inducement?(Advertising, Solicitation)
9. What does the note represent?(Your promise to pay)
10. Where will you derive the funds to pay?(From your labor)
11. Is your labor, your property?(Duh!)
12. How many years will you be paying on this note?(5, 10, 15, 30)
13. What is the interest rate?(8%, 10%, 12%)
14. Is that interest rate compounded annually, monthly, weekly, or daily?
15. What is the actual rate of interest?(25-50%)
16. Does this violate the Usury Laws?(12% or higher annual interest rate)
17. Was this disclosed in the contract as required by the Federal Usury Disclosure Act?
18. Did the bank raise an asset to itself on your hand written name?(Without your knowledge and consent)
19. Did the bank use the note first (before) you received your loan, to raise the funds for the loan?(Did they sell it, or use it for collateral for a loan from another institution)
20. Does this make the note a negotiable instrument?(Tendering a future earnings instrument for consideration to a third party and endorsing, "without recourse.")
21. Did the bank properly apply the proceeds from your note to the purported debt?
22. What did the bank do with those proceeds?(Look at the building)
23. Who else is deriving a benefit from your note,(and hand written name) without your knowledge or consent?
24. Have you been damaged?
You will have to decide if there is fraud here. But, if you get a Complaint to Foreclose your Mortgage and you do not answer and dispute every allegation, then you must counterclaim.
#13 Jan 5, 2012
Everybody should be raising hell with banks, Fed Res, and government or we all lose.
#15 Jan 6, 2012
It's not the bank's fault she can't pay her payments. Anyway, no do not let anyone into your home. No you will not be evicted before the sale, after the property is sold, the could will confirm the sale and give the deed to the buyer in approximately 3-5 weeks and you will have to leave immediately then so you should prepare to move very soon after the sale. The property is sold to the highest bidder at the courthouse and you will be given notice at least 3 weeks prior and it will be in the local newspaper 3 weeks prior. If the process is not too far along, and you don't owe for a bunch of other liens and more than 1 mortgage, you should consider a short sale. Have you tried?
#16 Jan 6, 2012
No none wont come in your house when it sells at the courthouse it will be a commisioners sale most of the time the bank will buy it back and if the bank was insured by the government when you took out a loan the house will end up being A freedie mac or fannie mae at least that is what i was told . Usually by the time this is done through court the owner no longer lives in the house .
#17 Jan 6, 2012
Someone didnt want my first post to be seen,#10. Try it again later.
#18 Jan 6, 2012
The day the gold standard was removed on April 10th, 1933 by Order in Council 16, was the day that everything reversed, money turned into debt and most don’t know it. The truth in this system is that we are the creditors, and it is our signatures that create money.
#19 Jan 6, 2012
This should not be considered LEGAL ADVICE, strictly for EDUCATIONAL PURPOSES only, You know what I'm saying?
Everybody knows that EVERYTHING is Contracts. EVERY LAW is a commercial contract.
In other words, if I sent you a notice that says,“You owe me $100. If you don’t respond within 30 days, then you admit that this is true.” If in 30 days, you don’t send me a rebuttal to my offer, then the offer sticks. You truly owe me $100.
1) Show me that you are the Note Holder in Due Course.(ie. The guy at the end of the chain who is holding the note)
2) Show me that you still have my original wet ink signature. By law, the other party must maintain safekeeping of your legal documents. You have the right to inspect them. USC Title 18, Part 1, Chapter 101 Section 2071.
3) Show me that you are actually a creditor according to Generally Accepted Accounting Principles (GAAP).
They are required to answer your questions point for point. Failure to satisfy any point means they have not proven their claim and have forfeited their right to the claim.
What 3) means is… if I lent you money, I must show in my books that I’ve taken money out of my account (or debit it), and credit it to your account… which makes me a creditor.
Administrative Procedure Act”(APA), and is codified into law under
US Code Title 5, section 500. What that means is that the bank has to give you notice before they can foreclose on your property. One of the most important things to take away from the APA is the ability to assert “silence means acquiescence.” This is “the default option.
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