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INCORRECT FOUNDATIONAL PRESUMPTIONS THAT MAKE YOU LOSE IN A FORECLOSURE.

1. There was a loan. No, there was not! A "loan" confers assets from one party was lent to another party. The Note was exchanged for money which was exchanged for the property. That is not a loan, that is a purchase using a Note. Almost all purchases of any type in America are done with a Note of some type. FRNs are just Notes.

2. The documents are correct. It does not matter who knows the documents are forged and/or fraudulent if the court must PRESUME they are valid. You CANNOT discuss validity of documents when they are PRESUMED valid. The ONLY action where the documents are NOT PRESUMED valid is a QUIET TITLE.

3. The bank has the "legal and/or lawful right" to conduct business in that state, including without limitations: lend, foreclose, "hold" money, "hold" property, etc. In most cases the "lenders" don't have the required licenses in place to conduct the type of business they are conducting. Sometimes, one of their sub-organizations does but that does not count. In actuality, in most of the cases the foreclosing entity is a different entity with a similar sounding name.

4. The bank or some entity has valid title. This is almost never true. Its called a chain of title for a reason and once any link in the chain is broken there is not a chain of title. You can't have 2 chains of title, it is an all or nothing scenario.

All of the great information, discussions, legal doctrines, remedies, etc. out there just don't matter. What you need is to have a judge adjudicate ownership of the property pursuant to the validity of all of the documents. Invalid, false, forged and fraudulent documents DO NOT COUNT, there is only one type of case to do that in, its called Quiet Title. You file a Quiet Title lawsuit as the plaintiff and it stops all other actions (foreclosure etc.) indefinitely. It is not a stay, it is estoppel.

There are 2 types of Quiet title:

Action to Quiet Title and Quiet Title Action; it depends on possession.

Black's Law 5th edition

Action to Quiet Title: One in which plaintiff asserts his own estate and declares generally that defendant claims some estate in the land, without defining it, and avers that the claim is without foundation, and calls on defendant to set forth the nature of his claim so that it may be determined by decree. (clipped)

Quiet Title Action: A proceeding to establish the plaintiff's title to land by bringing into court an adverse claimant and there compelling him either to establish his claim or be forever after estopped from asserting it.

Definition... Doctrine of Legal Acumen: If a defect in, or invalidity of, a claim to land is such as to require legal acumen to discover it, whether it appears upon the face of the record or proceedings, or is to be proved aliunde (from elsewhere), then the powers or jurisdiction of a court of equity may be invoked to remove the cloud created by such defect or invalidity.

Note: Courts normally operate in presumption and assume all evidence is valid.... BUT, In a Quiet Title law suit, which asserts the Doctrine of Legal Acumen, the court must validate all evidence and therefore can not manipulate the outcome of the suit by accepting fraudulent, invalid documents. If there is a break in the chain of title due to fraud or error in filing etc. the court must award clear (quiet) title to the plaintiff. WOW! The Remedy is in the Record!

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