Filed chapter 13 to save home in foreclosure

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Filed chapter 13 to save home in foreclosure

Flex6169
I am hoping someone can give me some direction.  I live in Texas and it's a non judicial state.   I Became disabled and could not make 4 mortgage payments and Wells Fargo steam rolled over us using a 3rd party debt collector into facing a Nov 2017 court house step sale of our home.  We filed for a chapter 13 to stop the foreclosure.   We had our 341 creditors meeting Dec 2017.  I noticed the note provided in Nov by the 3rd party debt collector and the past ones from WF plus the one in our court house are not endorsed.  The proof of claim they filed in Dec for the creditors meeting was endorsed (robo stamped) I mentioned this to my attorney and be said he would challenge the proof of claim and we stand a good chance on getting our home for free.

Some back ground.  My status has been changed for a while.  I sent WF , 3rd party debt collector and Freddie Mac all QWR in which were ignored sending me a copy of the note and deed of trust.  I put the, in default.  I have my land patent, assignees , declaration etc... which is authenticated plus I did Lawful consideration and paid in 21 silver one dollar bills , I have a mechanics lien on the property.  My declaration of status is filed. Certificate of authority , power of attorney in fact and copy right and some ....  Still it did no good with these crooked attorneys and courts. I actually found 5 fraudulent things WF has done to include selling the note in 2007 without notifying us nor filing anything in the county which they have to do within 21 days after the transfer.  It makes no difference to these pirates

I'd like to trust my attorney a little since I've known him 12 years BUT he would not let me file my Authenticated COLB, Title Insurance , SSC as an asset.  All my paper work I signed as follows Last name, first attorney in fact For: FIRST MIDDLE LAST.  When I went to our meeting jotting was on wet ink and it was an electronic signature John Edward Doe DEBTOR.   I told him I didn't appreciate this and it's not correct.  He told me to let's get through this creditors meeting and deal with the Fraud afterwards.  I then said with a passion " I'm NOT the DEBTOR, I will NOT be a volunteer surety.  I am the Subrogee and demand to be subrogated"   The next words out of his mouth was priceless ... He said " your home has already been discharged you and I both know this but today is not the day for this"  so ..... Here we are. Even though want to trust him I know where is loyalty falls

Can anyone suggest what I can file in the case or do to get it all subrogated?  He knows I know more than I should.  I even told him that it now becomes an unsecured debt.  He agreed .  Do I say, I made a mistake and heres the corrections?  The judge signs the paper work the end of January 2018.  I have never had yo file anything in a court before and feel so defeated without that knowledge of Equity to damand subrogation.

What are some of yalls thoughts?

Thanks
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Re: Filed chapter 13 to save home in foreclosure

bill
This forum has 5 major weapons tailor made for your problems.  You ought to dig around a little more,   You got the right tool box you just haven't opened it up yet.

look for
CR(tm)
Quo warranto
civilian due process
christmas present
manditory judicial notice
FARA
golly,  I could go on...

and oh yea,.....if you stick with your attorney you may as well dig 2 graves.

 
Take the road less traveled
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Re: Filed chapter 13 to save home in foreclosure

liberated
In reply to this post by Flex6169
"The next words out of his mouth was priceless ... He said " your home has already been discharged you and I both know this but today is not the day for this"      what is he doing about it if he agrees it's been discharged?
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Re: Filed chapter 13 to save home in foreclosure

Flex6169
This post was updated on .
Will do and thank you!
He said he as going to challenge the proof of claim but its been two weeks and I have not seen anything yet.  I am researching fraud within foreclosures and mortgages so I can do HIS job for him and send him what the statutes actually say

From: "liberated [via UNDERGROUND CANTINA]" <ml+s83190n2162h25@n6.nabble.com> 
To: "Flex6169" <Larry.kalmowitz@unseen.is> 
Sent: Sunday, January 7, 2018 6:22:40 PM
Subject: Re: Filed chapter 13 to save home in foreclosure

"The next words out of his mouth was priceless ... He said " your home has already been discharged you and I both know this but today is not the day for this" what is he doing about it if he agrees it's been discharged?


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Re: Filed chapter 13 to save home in foreclosure

liberated
Fraud is a difficult thing to prove and probably a good idea to let that notion alone. What is the follow up with the attorney in regards to both of you knowing that the debt was discharged? Did you ever send him a letter of thanks for assisting at the creditors meeting and than memorializing what he said in regards to both of you knowing? Looking forward to his response and plan of action in regards therero. Asking what else he may need from you to assist him to that end.  GET AN ANSWER/RESPONSE from him. He dealt it so would be a good idea to stay on top of it, although I comprehend billable hours. Appears for whatever reason he said it that was already discharged this was a door opened or a gift to accept and ride that pony til the cows come home.

On another note what strikes me as odd, if people are filing bankruptcy, and since it is with the mother ship, United States/bankruptcy court (the court that comprehends everything financial), and ALL OBLIGATIONS are of the United States why is the one that filed not getting a certified copy of the docket and doing the A4V and return "pay to the -order of the United States of America" and deposit it with either the clerk, judge or appointed trustee?  Seems to me to be the appropriate venue and procedure as the bankruptcy process no doubt was done to stop the pirates and arrive at a peaceful solution, in this case discharge since ALL the obligations are known to be with U.S. 12 USC 411 and use that as the LAW that supports your authority in doing so along with 50 USC 4305(b)(2). They might threaten to dismiss the case however one has the right to file an objection and again put the law in front of them. It's their laws and it's not like you're making shit up. Might pay to do an assignment of interest since after all they own everything anyway. Probably have to get rid of the attorney of you have one or after seeing what he's doing about you both knowing that the mortgage/note was satisfied, do the complete assignment and A4V and send to him to handle shifting all the shit on him.

Bankruptcy, especially a 13 is a reorganization which the debtor is going to agree to a plan and pay something every month. Makes total sense the plan can zero everything out, eliminating all the debt, discharge everything upon assignment of interest, 12 USC 411.  EVERYTHING starts with an Federal Reserve Note. It and everything associated with it is an obligation of the United States so WTF. People must not be getting that or not staying on point and at worse case not petitioning the court for a ruling, a motion put in play under court seal to protect the interests of the United States and not making it public creating war? Somebody has to be accountable, which I believe would be the judge however the judge does need to see somebody, unemotional, evidence "in hand", conviction, unwaivering, peaceful. IMHO

You have my support so if there is anything you need prepared I'm onboard as it's time people started getting results.