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7/8/9 talkshoe.com’ s AIB RADIO, Maria on mortgages, letter of marque and reprisal 1/4 00minutes 46 seconds Maria: We 've just gotten some validation of information that everyone has a right to cancel their mortgage even though there is a 3 year period to review disclosure requirements and documents because mortgage companies have never disclosed the truth behind the promissory note and the initial transaction paying for the property and that the deed of trust is a bogus void fraud on the people. The issue here pertaining to the Truth in Lending Act 15 United States Code subsection 1601 except[?] and also listed under 12 CFR (Code of Federal Regulations) part 226, allows the right to cancel and puts the stipulation of 3 years to review the disclosure documents. But if the required disclosures are never made by the lender to the borrower under TILA and there's nothing in writing that disclosure has been made then the right to cancel does not initiate until the lender or the [blank blank] produced all of the required disclosures, which they never do. So when you get a notice of sale, at any time you can still attack such notice of sale under fraud, and there's numerous supreme court cases that validate the fact that the general doctrine, fraud vitiating everything including the most solemn contract and documents and the [garbled] judgments, and that is the united states vs Throckmorton which is located at 98 US 61. Only after disclosures have been made does the 3 day right to cancel period begin. Y ou can go in and take that into fraud. 3:52 Its 3 years to review the disclosure documents but the 3 day period only begins after the lender has produced and given to the borrower all of the required disclosures. And that means to disclose the Title Page to the borrower that the deed of trust is a fake and a fraud. And if the person knew that the deed of trust was not really [needed?] in a mortgage, because the mortgage was all taken care of with the promissory note. If you knew the deed of trust was a fake and a fraud, would you have signed it? Harvey: It might have been a deal killer. Maria: That's the issue. It couldn't kill the deal Harvey if you signed the promissory note and tendered that back at closing. Its not supposed to be a deal killer. But it does establish the fact through the Title Page that the property is paid for the minute the borrower, [who is] the settlor, cause you're not a borrower, the minute the settlor signs the p romissory note, everything is paid. All of the voluminous papers that you sign at closing are superfluous and void, with no disclosure cause they're not really needed. Caller: How do you enforce those documents in the very beginning at closing? How could you get the note from the title closer and bring it to the recorder's office and get it recorded. Cause normally they don't let you walk away with those documents. Maria: Y ou can get a copy of the documents that you signed. They have to give you a copy. Whether its a blank copy [or] made out, you have to be smart enough to look at the document and tell them that you want a copy of everything you signed. They give you a copy of what you signed, and they keep the original. That's fine. Just sign it as settlor, record it and turn it back in to them. T urn it into the company that the first payment that you're supposed to pay, with a 1099A and say have a nice day. [notarize your autograph and send papers by registered mail return receipt requested]. Caller: Wow, that's incredible. I'm a mortgage broker by trade and I feel so guilty when I'm at the closing table and I see what's going on there. Maria: You can instruct your client that they have the right to request the foreclosing, 72 hours before closing , and this is under Regulation Z, that they request to see the entire closing package and to take it to their counselor 72 hours before closing. It is a violation and I believe a felony if they don't give it to you. 8:00 And that includes the promi ssory note. So when they give you the promissory note, you simply sign it and take it b ack to them at closing. Caller: Are you talking about the copy or the original they give you at the closing table? Maria: Doesn't matter if they give you a copy. Its all made out, its blank, they have to give it to you 3 days before closing... Sometimes they're labeled promissory note, sometimes adjustable rate note, sometimes just a note. If you sign it as a settlor and record it, its a negotiable instrument that is actionable. Harvey: because the bank can make it a negotiable instrument right? Yes, that's their job. 11:17 Y ou're recourse if you're in post foreclosure is to demand of the mortgage company the Title Page and/or to file suit against the mortgage company based on the fact and to be your right to cancel based on the fact that the mortgage company has never fulfilled their disclosure requirement. So the 3 days doesn't start until they give you those disclosures number one. Y ou have to look at what they give you. I haven't looked at a mortgage in 15-20 years. 14:44 What is the Title Page? The historical progression of what occurred in the transaction and it will show that the property is  paid  for before  you sign the deed of trust. So our object in education is to educate people in [garbled] so that when they come across the deed of trust they simply do not sign it. They set it aside and say I will do that later. And you finish whatever else you gotta do and when you get back to that deed of trust to finish the closing you can eyeball that closing agent or that escrow agent and say I want to see the title page now before I sign this. And I'm not sure what their reaction would be in a closing other than if they refuse to give it to you it can cost

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