Special Report - Releasing Your Debt and Gaining Your Freedom, Jan 2013 - Short Version

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Releasing Your Debt and Gaining Your Freedom

Special Report

Peace of Mind, LLC

866 – 4-‐Way-‐Out or 866-‐492-‐9688

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Special Report: How To Release Your Mortgage

Peace of Mind, LLC Page 2 of 37 Copyright 2010

WHO WE ARE .............................................................................................................................................................. 3 OUR MISSION STATEMENT .............................................................................................................................................. 4 OUR HISTORY ............................................................................................................................................................... 4 WHY RELEASE THE MORTGAGE ON YOUR HOME? ............................................................................................................... 4 HOW BANKS CREATE MONEY .......................................................................................................................................... 4 WHAT IS A LOAN AGREEMENT? ........................................................................................................................................ 5 HOW DO YOU SATISFY THE MORTGAGE? ........................................................................................................................... 5 WHAT CONSTITUTES FRAUD IN LENDING ............................................................................................................................ 6 IMPORTANT LEGAL FACTS ................................................................................................................................................ 6 WHO REALLY OWNS YOUR MORTGAGE? ........................................................................................................................... 7 FEDERAL LEGISLATION: TILA AND RESPA .......................................................................................................................... 7 RESCISSION .................................................................................................................................................................. 9 BANKS MUST PRODUCE THE ORIGINAL NOTE .................................................................................................................... 10 WHAT TO EXPECT WHEN YOU RESCIND A LOAN? .............................................................................................................. 11 WHO CAN HELP YOU? ................................................................................................................................................. 11 NEGATIVE EFFECTS OF FORECLOSURE .............................................................................................................................. 12 PROCESSES WE PROVIDE .............................................................................................................................................. 13 WHAT GETS RECORDED AND LEGAL DOCUMENTS WE USE .................................................................................................. 15 SCAMS AND ALERTS ..................................................................................................................................................... 21 FREQUENTLY ASKED QUESTIONS ..................................................................................................................................... 23 WHY LOAN MODIFICATION IS NOT IN YOUR FAVOR ........................................................................................................... 31 SERVICING OF THE LOAN ............................................................................................................................................... 33 SUPPORTING ORGANIZATIONS ........................................................................................................................................ 35 BENEFITS OF OUR PROGRAM: ................................................................................................................................. 36 WHEN CAN I BEGIN? ................................................................................................................................................... 36 DISCLAIMER & DISCLOSURES ......................................................................................................................................... 36



Who We Are

At Peace of Mind LLC, we believe the following things are true...

1. People will always need to use credit 2. The average debtor is unaware of the full extent of their options when faced with debt

collectors 3. Debt collectors frequently take advantage of the debtor’s lack of knowledge instead of

helping them to settle the debt fairly

Everybody’s circumstances are different. That’s why we begin with a comprehensive discussion to learn exactly how we can help you pay off debt fast and repair your credit. We love to work with good, honest, hardworking people like you who truly deserve freedom from debt.

Peace of Mind LLC is a protective entity for clients who need a leg up in debt relief. We are a privately held company without affiliation to any government agencies, debt collection services or banks. We provide solutions for every individual client that will best serve them as they deal with debt. While there are plenty of other financial institutions out there who would be willing to give you debt advice, it’s best to deal with a debt specialist like Peace Of Mind LLC.

Our Mission Statement

We are a trusted and recognized resource for debt solutions, achieved by educating today’s consumers about their right to protect and preserve their assets against creditors and maintain freedom from debt.

Peace of Mind LLC provides debt solutions including education, debt management plans, debt reduction and elimination, and credit repair. Peace of Mind LLC helps consumers overburdened with debt avoid bankruptcy and get back on the path to financial security.

Our History

Our founder, Zen, experienced precisely the problem our clients face. With significant investments in real estate, he’d been confident that the level of debt he’d taken on was reasonable given all of the assets he owned. Zen lost a good deal of value in his assets during economic downturn and was forced to begin liquidating his life’s savings to satisfy his creditors. Soon, he was under a crushing debt load and faced with a dilemma – go back to his native South Africa, leaving all of his problems behind him or stay and face the reality of his situation. Being no stranger to adversity, Zen was determined to rebuild. He sought help, but what he found was companies that wanted to hurt him; that wanted to use his poor situation against him. They told him he needed to “rebuild your credit” before they’d work with him or “use our consolidation to pay off your debt faster”… but their strategies left Zen no better off. It seemed to him that it was time to do something different. Zen decided it was time to look inward… After



spending a good deal of time learning the ins and outs of how to handle debt, and of course acquiring a good deal of first-hand experience, Zen started Peace of Mind LLC so others wouldn’t have to live through what he did. Over the years, Peace of Mind LLC has grown and expanded with offices from New York to Florida, and from North Carolina to California. We’ve helped thousands of Americans get back on their feet and gain their freedom from debt. Peace of Mind LLC proudly continues to uphold the Zen’s vision of preventing honest people like you from becoming victims of debt.

Why Release the Mortgage on Your Home? There is no need to let the banking industry take advantage of you any more than they already have. This economy is not your fault, the real estate market down-‐turn is not your fault, and, more importantly, your mortgage loan was paid in full the day you took it out to buy your house.

Just think about it – if you are in or near foreclosure, despite your arrearages, your lender has not lost a single penny on your property or your alleged loan. They sold it a long time ago and ridded themselves of all liability. If they foreclose on you, they'll simply sell it again and make their profits. Then, after they have you and your family on the street, they'll turn around and sue you for a deficiency judgment.

Whether you want financial freedom from monthly payments or are looking to pocket a few extra dollars to make ends meet, it doesn’t hurt to be released from your mortgage. But how can we accomplish this? What exactly does it mean to “release your mortgage”?

Well, one must first understand what money is and how mortgages are created…

How Banks Create Money Banks create money by demanding deposits or book entries that reflect how much lawful money the bank owes its customers. The bank’s assets are cash plus IOUs and promissory notes that the borrower signs when they borrow money or when cash is lent.

Example: If a bank has 10 people deposit $5,000, totaling $50,000, in cash (legal money) and the bank’s reserve is 5%, then the bank will lend 20 times this amount, or $1,000,000 in “credit” money. What the bank has actually done, however, is loaned its credit with the purpose of “circulating credit” as “money”. The bank knows if all 20 people come at once demanding their money, the bank will close its doors. The bank creates the illusion it has lots of money or credit so it doesn’t cause a panic. Listen to Related Audio Here.

Notice: The Federal Reserve Bank of Chicago in its booklet Modern Money Mechanics, page 3, states; “In the United States neither paper currency [e.g. Federal Reserve Notes] nor deposits have value as commodities. Intrinsically, a dollar bill is just a piece of paper, deposits merely book entries”. The acceptance of said “currency” is merely a “confidence” game predicated upon the people's faith or “confidence” that these currencies/instruments can be exchanged and accepted for goods and services.



Individuals have been stopped from using and have no access to 'lawful constitutional money of exchange' (See U.S. Constitution – Art. I § X) to 'PAY DEBTS AT LAW', and pursuant to HJR-‐192, can only discharge fines, fees, debts, and judgments 'dollar for dollar' via commercial paper or upon Individual’s exemption.

What is a Loan Agreement? The bank advertises that it loans money. Then it says, “Sign here”, but they don’t sign because they’re not loaning their money. They are just collecting a note which acts like money. In a mortgage transaction, the bank receives the equity of your home for free, in exchange for an unpaid bank liability that the bank can’t pay without returning the mortgage note. The bank receives your mortgage note without investing one cent. Then it sells the note for cash or an asset that can be converted to cash.

Example: A person wants to borrow $100,000 to purchase a property, so the bank issues a $100,000 liability/note. The $100,000 is a lien placed on the property the bank received without investment (the bank never put up any money). The alleged borrower effectively created money by signing the promissory note. This note acts like money, so the bank deposits your mortgage note as money with which to issue a check. This check then acts like the ‘real’ money the home seller/builder receives.

The Fraud: The bank effectively made you a depositor, not a borrower. Your promise to pay gave value to a note that the bank sells to a third party to realize legal money. No actual loan was generated from the transaction. One cannot repay what was never loaned in the first place!

How Do You Satisfy the Mortgage?

Under the law, a procedure for satisfying your mortgage is provided. The procedure is found in UCC Article 3 Section 603 paragraph (b). We go to the lender and do what is called a tender. We put the full amount of your note on the table with a demand they produce the note. When they fail to produce the note, an operation of law called "discharge" occurs. This is a judicial action resulting in an order of discharge as satisfaction on the mortgage, which gets recorded. Then a new title is created for your home.

Peace of Mind, LLC partners with clients to provide the documents and process-‐of-‐service steps necessary to accomplish your agenda. We joint-‐venture with you to streamline the process by providing you with information you need and doing the documents for you.

We know what works and what does not. A real example is, under the law, you must record a satisfaction of mortgage on an existing mortgage. Even though the company coming after you now is not the note holder and you can run them off, you will have to continue running them off until the real note holder comes forward.

Summary of Steps Involved:



• Send a copy of your mortgage statement to see if you qualify • Sign partnership agreement • Formulate a strategy depending on your situation • Prep documents to send to the lender • Send TILA Demand Letter to lender • Record Confession of Judgment • Record Full Reconveyance • Put asset into trust for protection • File UCC1 / UCC3 / Bonds • File forms with the IRS • Enforce liens on lender

What Constitutes Fraud in Lending A photo-‐copy image on paper is NOT the same thing imaged by the copy. A picture of a baby IS NOT THE BABY! A copy of your signature IS NOT YOUR SIGNATURE! Have you ever tried to cash a copy of a money order? Make a scene, insist on cashing the copy, and experience the unpleasant consequences of your claim!

The ONLY way to prove the existence of the REAL and EXISTING money order is to produce the actual money order! The ONLY way to prove the existence of the REAL, breathing, living baby is to produce the baby! The ONLY way to prove the existence of the REAL $100 Federal Reserve note is to produce the actual Federal Reserve note if you are in actual possession and have claim to the ORIGINAL Federal Reserve note!

The courts routinely nullify wooden-‐headed "laws" passed by Congress. At Peace of Mind, LLC we have the power to totally stop "their" scare tactics by demanding to inspect the ORIGINAL note and mortgage. Inspection of the ORIGINAL note and mortgage is NOT an unreasonable demand. A COPY is a COUNTERFEIT, FORGED, PHOTO-‐SHOPPED and FRAUDULENT image designed to DECEIVE! ALL law is based upon CASE LAW DECISION made by the COURTS. The U.S. Code is NOT the LAW. The LAW is recorded in the STATUTES AT LARGE and this is the same for all States. The codes are "prima facie" evidence of the laws. Thus, a COPY of a security is a FRAUD!

Important Legal Facts The Uniform Commercial Code (UCC), first published in 1952, is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states.. The UCC provides a uniform law designed to simplify and modernize the consumer credit and usury laws, to further consumer understanding of the terms of credit transactions and to protect consumers against unfair practices.

Any transaction to discharge a debt liability is in accordance and compliance with UCC 3-‐104; Title IV, Sec 401 (FRA); USC Title 12; USC Title 28, §§1631, 3002; and the Foreign Sovereign Immunity Act under necessity.



Everything since June 1933 operates in commerce. Why is this important? The Congress of the United States did legislate and provide the American people a remedy/means to discharge all debts “dollar for dollar” via HJR 192 – due to the declared Bankruptcy of the Corporate United States via the abolishment of constitutional coin and currency under Executive Order declared by president Franklin Roosevelt. HJR-‐192 superseded Public Law, replacing it with public policy. This eliminated our ability to PAY our debts, allowing only for their DISCHARGE. There are numerous references to Case Law, Legislative History, State and Federal Statutes/Codes, Federal Reserve Bank Publications, Supreme Court decisions, the Uniform Commercial Code, U.S. Constitution, State Constitutions, and general recognized maxims of Law which establish:

That, the lawful coin (i.e. organic medium of exchange) and the former ability to PAY debts – has been replaced with fiat, paper currency, with the limited capacity to only DISCHARGE debts.

That, the United States Congress did legislate and provide the American people a remedy/means to discharge all debts “dollar for dollar” via HJR 192 – due to the declared Bankruptcy of the Corporate United States via the abolishment of constitutional coin and currency.

The Bottom Line to Release Your Mortgage: The Bank is NOT the Creditor, you are! Without being the creditor, the bank has no rights and cannot do anything except comply with your demands. Your job is to put the burden on the bank to prove they are, indeed, the Creditors and hold an actual note to your property.

Who Really Owns Your Mortgage? Have you ever tried walking in to a bank and asking for a loan to pay your rent? You know what the answer will be. So, why is it that the bank will lend us vast amounts of money to take out a mortgage and take on expenses that will be much higher than rent for the same place? Because it is profitable for them to put people in debt.

With all the scandal out there, it’s clear that banks are taking advantage of people. Banks are creating false and misleading contracts every day and collecting interest payments in the process, too. Banks do their best to hide the fact that they never created legal money for you to purchase your home. A controversy of allegedly shoddy paperwork has raised doubts about the legitimacy of foreclosures nationwide, eliciting complaints from homeowners and investors alike. The Congressional Oversight Panel, a bailout watchdog, released a statement according to the Huffington Post that says the scandal over alleged “robo-‐signers,” foreclosure processors who approve documents without reading them, “may have concealed much deeper problems” in the mortgage industry.

Federal Legislation: TILA and RESPA



The homeowner is always confronted with the difficult task of researching information about what to expect in the coming months. This research includes a number of different subjects covering such issues as the foreclosure process, loan modification, legal statutes, and current trends.

At Peace of Mind, LLC, we have a process which also covers forensic loan audits and TILA and RESPA.

TILA and RESPA are the two main pieces of federal legislation which govern certain processes regarding lending, and especially so in the mortgage lending arena. TILA stands for the Truth In Lending Act, and RESPA stands for the Real Estate Settlement Procedures Act. These are specific legislative acts designed to protect the borrower.

TILA is the main effort of Congress to ensure fair lending and to protect the borrower. Its purpose is to promote the informed use of consumer credit, the costs of borrowing money, the terms of the loan, and other much needed information. It requires providing certain disclosures of relevant information for each transaction that is considered, and it provides the legal remedies for each violation of the Act.

RESPA is another effort of Congress to regulate lending. RESPA is designed to protect the borrower by ensuring (1) fair settlement proceedings through early disclosure of settlement costs, (2) the prevention of “kickbacks” and “illegal referral fees” that increase borrowing costs to the consumer, and (3) the prohibition of certain acts that increase borrowing costs.

There is much more detail to these acts, but the focus should primarily be on TILA because most foreclosure defenses will be based upon TILA violations. TILA is a technical statute. This simply means that any “material violation” can invoke the remedies as provided for in the Act. The “material” violations that most frequently invoke potential remedies are:

• APR • Finance Charge • Amount Financed • Total Payments • Payment Schedule • Right to Cancel Violations

Common Remedies for violations of TILA are:

• Attorneys’ fees and court costs for successful enforcement and rescission actions • Statutory damages, a minimum of $200 but no more than $2,000 • Actual damages • Double the correctly calculated finance charge (but not less than $100 or more than

$1,000 for individual actions) • Rescission, the most valuable remedy



Rescission

Rescission is the process of legally canceling a loan. If a violation of material disclosures is severe enough, and the threshold for severity is quite low, then the borrower has the opportunity to “rescind” or “cancel” the loan.

In the rescission process, the borrower finds violations of the TILA that offer rescission as a remedy. The borrower notifies the lender of rescission by letter. The security interest (the Note and Deed of Trust) automatically becomes void, and the lender has 20 days within which to take any and all actions necessary to reflect the termination of the security interest. The lender is obligated to return any money or property given as earnest money or down payment within those 20 days. The borrower is not liable for any finance or other charges and is entitled to recover all fees incurred in the transaction. The borrower is obligated to return to the lender any money or property the borrower received as part of the credit transaction within 20 days, as their part of the rescission.

If the lender does not take possession of the property or money within 20 days, then the property is retained by the borrower and is held. At this stage, you are legally entitled by the lender’s agreement to get your home free and clear. Of course, the process does not stop there; at Peace of Mind, LLC, we will complete the process and include such steps as notifying the Internal Revenue Service and other government agencies of the transaction.

Some points to consider: Since homes are underwater and the borrowers owe more than the home is worth, they cannot tender back to the lender the money that was borrowed, so rescission is not an effective course of action. Courts have the ability to “change the order” in which rescission is tendered, meaning that the borrower must show the ability to make a valid tender before the security interest in the loan is cancelled. No ability to tender the amount due means that there is no valid rescission. In other words, rescission does not do what the homeowner probably wants the most – to remove any financial obligation connected to the house (as before they purchased it) – since the lender is only obligated to take back the original money lent, minus fees, and tear up the contract.

This is where Peace of Mind, LLC can make the difference. We have the resources in funding, cash, bonds and/or other security instruments to provide the legal tender and/or offset the debt.

One little known fact is that there are MULTIPLE insurance policies in effect for securitized loans, with many of the beneficiaries of said policies having nothing to do with the transaction. These policies are not dissimilar to an automobile liability insurance policy. When a car accident takes place an insurance settlement is paid out in accordance with the terms of the coverage of the policy to the beneficiaries of the policy. No car accident = no payout of settlement. Conversely, NO FORECLOSURE AUCTION = NO SETTLEMENT PAYOUT.



The multiple policies in effect often payout 7-‐10 times the original value of the mortgage note! Many believe that these policies are the only thing propping up the U.S. economy at this time. The beneficiaries of these policies often include municipalities and pension funds held by judges, states, and counties that explain why many fraudulent foreclosures are allowed to continue. This is especially appropriate for homeowners who have already lost their home! Peace of Mind, LLC may be able to get your home back or three times the mortgage/note even after foreclosure.

Banks Must Produce the Original Note Promissory notes have to be a negotiable instrument under UCC Article 3 to allow for third party negotiation. Banks have been using the Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) laws to convert promissory notes in to an eNote or create eNotes in electronic book entry form so they can be sliced and diced in the securities market and Fannie and Freddie.

When promissory notes are converted from paper to electronic, in many cases the paper promissory note was destroyed. Intentional voluntary act such as destruction is discharge of the debt obligation, UCC Article 3, 3-‐604. Everybody is looking at the slice and dice as the problem when in reality the problem is that eNotes have no law to support their existence for use in the securities market as ESIGN and UETA both exclude items governed by UCC Article 3 -‐ Negotiable Instruments. Banks, in an attempt to make sure their fraud remains concealed, provide their law firms with a copy of the note and in some cases a lost note affidavit. Then the banks law firms use slicker-‐ trickery wording to deceive everybody in to believing that a copy is sufficient proof and the destruction of the note remains hidden. The presentation of the original note with all assignments is the only proof that should be allowed.

Commerce and Trade – 15 USC Sec. 77nnn (excerpt)

The term "indenture" means any mortgage, deed of trust, trust or other indenture, or similar instrument or agreement (including any supplement or amendment to any of the foregoing), under which securities are outstanding or are to be issued, whether or not any property, real or personal, is, or is to be, pledged, mortgaged, assigned, or conveyed thereunder.

“Evidence of recording of indenture” -‐ If the indenture to be qualified is or is to be secured by the mortgage or pledge of property, the obligor upon the indenture securities shall furnish to the indenture trustee -‐ (1) promptly after the execution and delivery of the indenture, an opinion of counsel (who may be of counsel for such obligor) either stating that in the opinion of such counsel the indenture has been properly recorded and filed so as to make effective the lien intended to be created thereby, and reciting the details of such action, or stating that in the opinion of such counsel no such action is necessary to make such lien effective; and (2) at least annually after the execution and delivery of the indenture, an opinion of counsel (who may be of counsel for such obligor) either stating



that in the opinion of such counsel such action has been taken with respect to the recording, filing, re-‐recording, and re-‐filing of the indenture as is necessary to maintain the lien of such indenture, and reciting the details of such action, or stating that in the opinion of such counsel no such action is necessary to maintain such lien.

Note: In instances of court cases, it may be helpful that the loan audit be part of our evidence of fraud.

What to Expect When You Rescind a Loan? When you go to rescind a loan, you need to be aware of what will actually happen. Our team has handled hundreds of audits and worked with lawyers and other professionals who do loan rescissions. If you would like to be empowered and benefit from powerful, privy information, you must know your rights.

Other situations and scenarios we can help you with when we release your mortgage:

In order to stop a foreclosure, we could file a lawsuit against the lender, and prior to the Preliminary Junction Hearing, if there is one Federal Charge alleged in the complaint, the lender will usually have the lawsuit remanded to Federal Court and away from State Court. It should also be noted that TILA and RESPA lawsuits have been regularly filed since the mid 1990s. The way to take on the lenders is to use different plans of attack, using statutes other than TILA and RESPA. Federal Preemption can be fought. In most states, the statutes exist to counter Federal Preemption claims. These statutes are versions of the Federal Trade Commission Act, Section 5, which identifies Unfair and Deceptive Acts and Practices (UDAP). Keep in mind every situation can be different and strategies vary with each client.

Who Can Help You? Peace of Mind, LLC has helped numerous homeowners exercise their rights to reclaim their property. We are experienced at what we do, and we've paid the price to learn how to do it right and know what it takes to get the job done the way it needs to be to accomplish your goal. We have a team of professionals that have the experience to successfully complete a mortgage release. Since we have a vested interest in your success, we treat the house as one of our own. And this is the key difference between a service provider and a joint venture partner.

The facts are hard. You are fighting for your home. If you lose, which is unacceptable, you are out of your place to live. We believe this is too harsh a penalty. The opposition's argument is that you bought something which you can no longer pay for and maintain. You stopped making the payments you promised them. Of course they likewise failed to tell you that what they were selling you would lose over 50% of its value overnight and leave you upside down in your payments. They also forgot to tell you, and the County and the State, that they transferred the security interest in the property to other parties. By not recording, they deprived the state and county of fees and taxes.



Negative Effects of Foreclosure Foreclosure means more than just losing a home. It will haunt a person for years. Other problems that may result from foreclosure include:

• Lawsuits -‐ The mortgage company can go after you for damages. • Loss of employment -‐ Some employers require their employees to maintain good

credit histories. Notification of a foreclosure may be grounds for dismissal or loss of a chance for advancement and better pay.

• Loss of equity earned in your home -‐ The value of your home may increase each year. In many cases the combination of the equity and the increased value of your home can translate in to losing thousands of dollars.

• Inability to borrow money in the future -‐ A foreclosure can destroy your credit profile almost overnight. This derogatory mark on your credit report will label you as a bad credit risk for at least 7 years. This can result in declined applications for credit, the inability to rent an apartment, limited employment opportunities, and a host of other implications that can follow you for a long time.

• Increased taxes -‐ A lender who loses money from the sale of a foreclosed home must report the loss to the IRS. Subsequently, the IRS may require you to report the lender's loss as income on your next tax return and you may be required to pay taxes on it.

• Loss of self-‐esteem and self-‐worth – Emotionally, the stress of foreclosure can have serious effects on your well-‐being. The stress that foreclosure brings can lead to depression, feelings of worthlessness, lack of motivation, embarrassment around family and friends, and the list goes on.

• Ability to Rent • Divorce • Deficiency Judgment -‐ This is the difference on what was owed and what the house

sold for and the lenders will come back to file a judgment for that amount as a judgment debt.

• Stress and bad health -‐ People who worry about their house problems cause themselves serious health issues which can run hundreds to thousands of dollars in medical bills.

• Short sale -‐ A short sale involves offering the home for sale, generally listed through MLS. Potential home buyers will make appointments to view the home, some will make lowball offers, agents might hold open houses and, in general, a seller's life will be disrupted, all in the hopes that a buyer will buy the home. More on Short Sales and Loan Modifications later in this report.

More importantly is where the break in chain of title occurs. Your first knowledge of this break comes when you receive a NOTICE OF DEFAULT AND ELECTION TO SELL from some servicing company, who proceeds to foreclose and sell your property at a trustee's sale.



Nowhere prior is there any recorded record transferring your note to them. Without the note, being in physical possession -‐ actual ownership -‐ they are not lawfully allowed to foreclose or sell your property. Your silence and inability to properly challenge them on this allows them to get away with it unless you have the right knowledge, resources and team of professionals helping you preserve your rights and your assets -‐ like Peace of Mind, LLC.

Processes We Provide Administrative Process / Notary Presentment

We provide an administrative process via notary presentment by a duly commissioned notary public. We present the evidence discovered along with specific questions and allegations to give the other parties involved the opportunity to respond to due process. The parties are given a specific number of days to respond, and, when they don’t, the notary as a duly commissioned witness of the state provides a notice of default and opportunity to cure. When the parties fail to cure, the notary, as the second witness in the matter, certifies the non-‐response on behalf of the state providing some remedy to create a set-‐off against them, at which point a settlement would now be available as an option for the homeowner to pursue in the event that the parties unlawfully foreclosed.

By getting the parties involved in to a default position, there is now more than just a one-‐sided argument where the involved parties say, “You owe this amount, pay it otherwise we are taking your house”; instead, it gives the homeowner an opportunity to pursue their claim in a set-‐off of the bank’s claim. So now there is an opportunity to come together and figure out who owes who what, or whether or not the involved parties should go away and the homeowner keeps their house and we call it even.

We Correct the Public Record / File UCC:

With public instruments that we are privy to, we assist in filing on behalf of homeowners; we correct inaccuracies on the public record and rebut the presumptions that are being made by the other parties with their documents that are currently on the public record. In addition, we assist the homeowner with protecting the vested interest that they have in the “real estate” consisting of closing costs, down payment, taxes, insurance, repairs, renovations and any improvements with a commercial fixture lien.

We Provide a Forensic Loan Investigation:

TILA/Disclosure/Appraisal Audit: If necessary, an extensive investigation in to the truth regarding a homeowner’s loan documents can determine whether or not the loan should have been approved in the first place. In addition, we find out whether or not numbers were inflated, figures were manipulated or other improper processes took place in the appraisal and other documents. This is only a partial list of criteria that we scrutinize for in each situation. We discover the truth of the matter and establish it as evidence through a certified witness of the state.



Mortgage Electronic Registration Systems (MERS):

In order to prevent foreclosure, it is strongly recommended homeowners take action by investigating the potential fraud practiced by the banks. Fighting back against the bank can steer a homeowner in the right direction with regards to protecting their well-‐being. A loan examination can unveil if MERS Deeds of Trust are valid. In actuality, ALL MERS Deeds of Trust / Mortgages are VOID! The FACTS regarding MERS:

1. MERS is not a lender, creditor or bank 2. MERS has no agency status as a “nominee” 3. MERS does not lend or extend credit 4. MERS does not service mortgage accounts 5. MERS does not hold Promissory Notes in possession 6. MERS has NEVER owned or received ANY beneficial interest in ANY Mortgage EVER!

The customized form of Mortgage / Deed of Trust utilized by Mortgage Electronic Registrations Systems Inc., (MERS), is not entitled to any of the statutory mortgagee protections provided in the provisions of Federal and State Law.

A “Nominee” “Mortgagee” is simply not entitled to the statutory benefits. The provisions are strictly construed against MERS putative conveyance since the statutory provisions are in derogation of common law. For example, MERS mortgagee deeds have two entities exercising the same statutory foreclosure powers. Law only protects the actual “holders” of the mortgage deed or their statutory “assigns”, not “nominees” which only have a role with stocks and bonds. MERS argues, in a futile exercise of nominalism, that splitting the term “mortgagee” from the “lender” has a benefit to itself. MERS mortgage deeds are defective because the statutory protections run to functional powers of the “holders” of the mortgage and of the mortgage notes, not to self-‐defined “nominees.”

Nominees are not eligible to hold future interests in property without statutory assignments. Only statutory assignees can exercise the functional abilities necessary to gain control of the five (5) statutory elements required to provide a clean title at the end of the process. Statutory protections run to the “holders” of the mortgages, not their nominees.

When MERS does not have an actual separate written and recorded conveyance from the actual holder of the mortgage to itself prior to MERS making a conveyance, the conveyance is void.

MERS by its own description in paragraph C is not contractually able to perform the statutory functions of the “holder” of the mortgage. Mortgage Electronic Registration Systems Incorporated, as a putative nominee, selected by the Mortgagor, usually lacks actual recorded authority from the Holder of the Mortgage by way of a recorded or a recorded power of an attorney. Mortgage Electronic Registration Systems Incorporated can not by its own definition be a “holder” of the mortgage deed. Mortgage Electronic



Registration Systems Incorporated did not own or possess or control the mortgage note which was necessary to enforce the mortgage deed as required by UCC-‐3-‐301.

Pursuant to Rule 9, Section 1(b) of the Rules of Membership, MERS has "no ownership rights whatsoever in or to any information contained on the MERS “System”. It is our position that the information contained on the MERS “System” is the private, proprietary property of our Members, and that the information should be produced, if at all, by the Member who owns the information. This approach protects the privacy of the information, and allows our Members to control how and when it is distributed. These facts are becoming difficult to dispute, from a Judge's perspective given the recent Supreme Court decisions.

• MERS v. Southwest Homes of Arkansas • Landmark v. Kesler • Riggs v. Aurora (Fl. 4DCA, Case No. 4D08-‐4635, decided 4/21/2010 • Jerman v. Carlisle • Bellistri v. Ocwen • Dist. Ct. Case No. 2:09-‐CV-‐00661-‐KJD-‐LRL • Bankr. Ct. Case No. BK-‐S-‐07-‐16645-‐LBR • In Re: Wells Bankruptcy Oh Nd Decision 22 Jun 2009 • US BANK v. Ibanez

Just because MERS claims its ability to misuse the word “nominee” in any way that is beneficial, does not CHANGE 200 years of property law.

A continuing theme demonstrates the title defect, the questionable conduct of pretender lenders, and the defects in the foreclosure process when you let companies with big brand names bluff the system. The fatal MERS GAP arises whether MERS is actually the nominee on the deed of trust (or mortgage deed) or not. It is an announcement that there will be off record transactions between parties who have no interest in the loan but who will assert such an interest once they have successfully fabricated documents, had someone without authority sign them on behalf of an entity with no real beneficial interest or other economic interest in the loan, and then frequently notarized by someone in another state. We have even seen documents notarized in blank and forged signatures of borrowers on loan closing papers.

Anyone who pays the MERS membership fee can sign on behalf of MERS to assign or otherwise conduct foreclosure activities. MERS is a SHAM. Everyone knows it and there is no factual basis to support their assertions to rights to foreclose. One word sums it up: FRAUD.

What Gets Recorded and Legal Documents We Use Uniform Commercial Code Financing Statement:



UCC-‐1 stands for Uniform Commercial Code Form 1. It is a “financing statement”, not an agreement. It is just notice to the public that one person claims that it has an interest in someone else's property, usually as collateral for a debt. It is normally filed in the office of the Secretary of State in the state where the debtor/borrower is located. In most cases, located means the state of incorporation for corporations, the state of creation for limited liability companies and other entities, and the state of residence for individuals.

The UCC-‐1 may be used to notice a lien created by a security agreement of a loan for a home, car, etc. The importance of the UCC-‐1 to the secured party and other lenders/creditors is the first in time, first in line priority. A UCC-‐1 notifies others of outstanding debt such as security agreement, summary judgment lien, commercial or maritime lien and so forth. Collateral items may be listed directly. Property, both real and personal property, can be involved. All of this is for the protection of the secured party and allow other possible lenders/creditors to be aware of outstanding, unpaid debt that would stand in line for collection of any new debt.

Why Do We File a Commercial Lien Against the Lender, Its Assets, and Employees?

We do it for leverage. When the bank’s assets and employees are tied up, it gives Peace of Mind, LLC the ultimate negotiating power. Because the lien is a UCC-‐1 commercial lien, it moves in to first position against any existing liens. The bank decision makers have to negotiate in order to have the liens removed.

Notary Bill of Lading:

A notary bill of lading is a chattel cargo manifest which outlines the documents that are included in the filing. It lays out the value of the documents equal to the value of the first promissory note. It states that we are giving them 10 days to respond, otherwise the documents will be considered accepted, which means they will owe us that money.

Notary Certificate of Service:

This document verifies that our notary will be mailing these documents and certifying to that effect with their notary stamp and seal on this page.

Commercial Affidavit:

All of the instruments are signed by our client in their capacity with a title as grantor/beneficiary as, trustor, settlor, issuer and maker. Grantor/beneficiary and trustor/settlor are in regard to the Deed of Trust which is the security instrument and issuer maker is referring to the promissory note that the grantor originally issued upon which they were the maker. This document simply clarifies for the record all of these titles are the same as the grantor so nobody is confused about whom the grantor is and what they are doing with this filing. It lays out the details that the grantor was the source of the funds and it was the grantor’s signature that created the value in those documents in the first place. It also clarifies which property it is that we are identifying.



Modified Deed of Trust Rider:

This is an amendment and rider recorded with the deed of trust and it is “nunc pro tunc” which means these changes that the grantor is making in this modification go back to the original date just as if they had originally done it this way.

The Modified Deed of Trust Rider:

1. Terminates old parties: It points out that we are labeling the termination of parties listed, and by the grantor’s order they are terminating all of the other debtor parties who were the original parties on the original deed of trust and correcting the public record as to this fact.

2. Labels the new parties: We are labeling the new parties to the deed of trust with the ALL CAPS or “legal fiction” name of Lender. The beneficiary is going to be the Trust that we assist in forming for the homeowner and it labels the new trustee as Peace of Mind, LLC and goes into termination details, stating all the terms of the previous deed of trust are hereby terminated.

3. Identifies new terms: The new terms are that the balance of the loan is zero and that the duty of the new trustee is to faithfully follow the instruction of the trustor, which is the grantor. It states that compensation will be by mutual agreement (it means if grantor tells us what to do we will do it for them and we can’t do anything else other than that).

Additional Items We File:

Deed of Trust: The amended deed of trust, the assignment, any appointments and any trustee sale notice, if applicable, which we mark voided for fraud.

IRS Form 4490: A proof of claim so if the IRS is claiming they are owed an amount from the “legal fiction” name, an agent must swear to this and have their signature notarized.

IRS W9 Form: Gives us the opportunity to identify a party by either social security number, tax payer or employer identification number so we know who we are dealing with, and whether they are an individual, corporation or other entity. It is simply a way of asking for proof of identification.

IRS 1099A Form: Provides another opportunity for parties to certify under penalty of perjury that they have examined this return and the accompanying documents and what they are saying is true and signed on the dotted line to that effect.

We have asked the grantor to sign all the documents with a notary certificate and acknowledgement that what the grantor is saying is true, under their full commercial liability, and under penalty of perjury. So now all we are doing is asking the debtor parties to do the same. These last 3 documents are recorded blank so everybody knows what they were provided and the opportunity they were provided to substantiate their claims.

Qualified Written Request:



This document is a private document and is sent to the originator, MERS, if applicable, and the loan servicer. A “QWR” is made pursuant to the Real Estate Settlement Procedures Act (12 U.S.C. § 2601-‐2617) otherwise known as RESPA and its implementing regulation X (24 C.F.R. § 3500.21) and is an important communication tool by which the consumer can put the servicer on notice that there is a problem if there is an error in the mortgage account. There are specific guidelines as to how a QWR needs to be written and filed and what it contains: the request must be in writing, identify the borrower by name and account, and include a statement of reasons why the borrower believes the account is in error. The servicer must acknowledge receipt of the request within 20 days.

We are requesting an accounting of everything. We are asking for it to be certified under oath. The servicer then has up to 60 days from the date of request to take action to either provide a written notification that the error has been corrected, or provide a written explanation as to why the servicer believes the account is correct. Either way, the servicer has to provide the name and telephone number of a person with whom the borrower can discuss the matter. The servicer cannot provide information to any credit agency regarding any overdue payment during the 60 day period.

There is a long list of what we are asking for; between 40 and 211 questions are asked! We’re making the claim that if they don’t rebut this request and its individual obligations, then they are agreeing it as truth and admitting they do not own the note and deed of trust as the true holder in due course, so they have no right to its enforcement. We’re saying that they’re merely a service provider, servicer or debt collector with no rights. We’re also stating that the grantor as maker/issuer deposited a promissory note, a negotiable instrument with the originating lender, which is true. We quote Modern Money Mechanics which is published by the federal reserve bank of Chicago that states in part that any deposit received is new money and that essentially the negotiable instrument when signed had the effect of creating money. It had value and it was money, it was considered money when deposited with the bank and the grantor was never given credit for that deposit. We then make the request that they still owe the grantor the value of that deposit amount.

Administrative Process:

While we are sending the QWR, we are also pursuing the first step of the administrative process, which certifies via notary presentment that if the alleged beneficiary has a problem with any of this, they can respond to the notary public so the notary can certify that response, or when they don’t respond, that no response was made and by not responding, that they are admitting to its truth.

After the specific amount of time noted, the notary then certifies there was no response, that they defaulted, and that they failed to cure the situation and therefore it is certified that they owe the grantor the money that was claimed. At that point, we are taking the claim with the supporting document that we have certified by the notary public, who is an officer of the state and the court, and we are filing an additional UCC-‐1 financing statement for the amount claimed.



Bank Obligation of Instrument Tender

When a commercial bank sends the instrument to the secretary for discharge of its own obligations and a problem arises concerning the instrument, a commercial response is required. There is a legal liability of the government to a negotiable legal tender obligation upon the United States government sent to them for acceptance by a member of the Federal Reserve Bank after they received it and became responsible for it.

The Treasury has an obligation as a department of government serving the public interest to the bank which as a member of the Federal Reserve System that has a commercial obligation to an account holder and a 3rd party who tendered the item in payment to tell them that it’s not any good or it’s not going to be honored, even if they wanted to keep it for prosecution or investigation. This is in effect what the directive says the government will do if it’s no good.

What does statutory law, regulation, or case law tells us about what that obligation is? They do not dishonor it in any way by return of the item or the sending of any notice to that effect, or make request for additional information or time for examination of the instrument, or given a statement of explanation indicating the time frame for its review and settlement if it would be an inordinately lengthy time as longer than 60 days to finish it. The instruments being kept, held, and without return or dishonor, are accepted as an obligation of the United States in the discharge and recovery of the public debt as it makes claim on its face to be.

If the bank had had to pay the item to honor its customer agreement as if it had been a check, what would or could the bank be trying to do to settle the account? The bank needs to treat the instrument tendered as an obligation of the US to the bank. The tender of these instruments discharge the obligation of the debt for which they are delivered and the payee becomes the new holder in due course and collection agent on the instruments.

Forms of Fraud We Look For:

Mortgage related fraud is defined by our loan/mortgage officers and affiliates as intention to obtain a homeowner's property and equity. This is accomplished by using any of the following tactics:

• Falsifying records and documents • Committing fraud upon the courts by stating they are the Holder and Owner of the

note -‐ when in fact -‐ they do not own or hold the "original" note • Preying on the ignorance of the court and homeowner; • Falsely claiming Pooling and Servicing Agreements, industry standards, rules,

guidelines or other industry-‐authored writings supersede the law • Entering on-‐time payments as late, to exact illegal and unauthorized fees • Manipulating account records • Falsely claiming to be the owner/holder of the mortgage



• Falsely claiming standing by use of names such as Trustee, Assignee, Nominee, Beneficiary, etc.

• Fraudulently invoking the jurisdiction of the court • Charging force-‐placed insurance when the homeowner already has full coverage • Falsely reporting a default to the credit bureaus when it is the servicer creating the

default • Paying property taxes late, then charging late penalties to the borrower • Paying taxes and insurance on the wrong property • Creating fictitious documents (Lost Note Affidavits, Power of Attorney, etc.) • Triggering the terms of the Deed of Trust without the debt instrument • Double-‐dipping or apply to the trust for reimbursement after deducting the fees

from the borrowers P&I payment • Notary fraud • Evidence tampering • Theft of government services • Perjury • Felonious influence of public officials • Money laundering • Insurance fraud • Securities fraud • Constitutional and civil right violations • Rounding up ARM rates when on a downward trend • Not adhering to the terms of the loan documents • Creating additional false deficiencies through a variety of questionable practices • Adding miscellaneous fees to purposely create a deficiency with the borrower's next

payment • Not applying payments to principal and interest • Committing perjury through misrepresentations • Withholding or redacting discovery evidence • Tampering with court transcripts and removing evidence from the record • Conjuring up events that never happened while refusing to provide documentation

to support their fallacies • Refusing to cooperate with attempts to refinance and stop the illegal foreclosure • Using abuse of litigation, appeals and malicious prosecution to litigate forever • Payoffs to the consumer's attorney, law enforcement officials, judges, court

personnel and government officials • Refusing payments to guarantee default • Adding thousands of dollars in unearned legal fees to create a default • Ignoring customer complaints and "qualified written requests" • Arrogantly violating numerous laws and regulations • Coercing the homeowner in to signing a forbearance agreement to strip away their

legal rights • Intentionally causing delays to run up your legal expenses • Unjust enrichment • Embezzlement



• Racketeering -‐ RICO • Vexatious litigation • Abuse of process • Violation of ethics • Grand theft • Extortion • Tax fraud • Public corruption • Forging documents • Threats and intimidation • Electronic surveillance • Wire fraud / mail fraud • Conspiracy • Fraud in the inducement • and many others

Scams and Alerts Before doing business with anyone, know who they are. Find out how long they have been in business, all costs involved with their service, whether or not they are properly licensed to conduct business. You should try to meet the individual you’ll be doing business with. Scam artists follow the headlines and know there are homeowners falling behind in their mortgage payments or at risk for foreclosure. Their pitches may sound like a way for you to get out from under, but their intentions are as far away from honorable as they can be. They mean to take your money. Among the predatory scams that have been reported are:

The foreclosure prevention specialist: The “specialist” really is a phony counselor who is typically unlicensed in your state and charges outrageous fees in exchange for making a few phone calls or completing some paperwork that a homeowner could do for themself. These actions rarely result in saving the home because the lending industry knows who these scammers are and seldom agree to work with them. This scam gives homeowners a false sense of hope, delays them from seeking qualified help, and exposes their personal financial information to a fraudster.

The lease/buy back: Homeowners are deceived in to signing over the deed to their home to a scam artist who tells them they will be able to remain in the house as a renter and eventually buy it back. Usually, the terms of this scheme are so demanding that the buy-‐back becomes impossible, the homeowner gets evicted, and the “rescuer” walks off with all the rent money and never paid a cent towards the mortgage.

The bait-‐and-‐switch: Homeowners think they are signing documents to bring their mortgage current. Instead, they are signing over the deed to their home. They usually don’t know they’ve been scammed until they get an eviction notice.

The internet foreclosure specialists: These fraudsters claim to have a “Nationwide Foreclosure Assistance Program”. They have elaborate websites with false testimonials and



an 800 number to call for immediate assistance. When you call, they will collect all your personal information first then tell you that “someone will get back with you shortly”. They then sell your information to any fraudster that wants to buy it.

The short sale flipping: These con artists will send you a letter, or might even knock on your door to tell you that they want to “buy your house and that they have worked with your lender in the past”. They will make a valid offer on your property well below the market value and tell you that “they know your lender, and that they will accept the short payoff”. They then open escrow and proceed to purchase your home. They notify you that “your lender has accepted the short sale”. All the while, they have never talked with your lender. The scam here is this -‐ they have an accepted offer from you to buy the property at a price well below the market value. When they opened escrow, they instructed the escrow company to show their vesting as “Their Name and or Assigns”. They then find a buyer to take the assignment of the purchase who will agree to pay the difference up front between the agreed sales price and the market value. Both you and the new buyer have been duped. The new buyer has been robbed of his upfront cash while you are still in foreclosure with no short sale agreement from your lender. The con artist walks away with cash equity because he sold his rights to a bogus purchase.

Who to Avoid:

1. Anyone who offers a service for free. They typically just collect all your documents then sell your personal information.

2. Anyone who makes promises when logic tells you that those promises may or may not be keep-‐able.

3. Anyone who is not in business for more than 10 years. 4. Anyone who comes to your door and wants to buy your house. 5. Anyone on the internet who claims they can modify your home loan but doesn’t give

pricing disclosure or is vague about their services. 6. Anyone who offers a money back guarantee. Remember, they still have your

personal information. 7. Anyone offering services without proof of success or a proven track record. 8. Anyone who comes to your door offering a bailout loan. 9. Anyone who takes your case on a contingency. You will wind up paying the final

contingency amount even if a compromise is reached with your lender. Contingencies are usually 30 -‐ 40% of the forgiven amount and lenders will not agree to pay the loss mitigator. You may have saved your home from foreclosure only to lose it to a mechanics lien filed by the mitigator.

DON’T transfer title or sell your house to a “foreclosure rescuer”. Fraudulent foreclosure consultants often promise that if homeowners transfer title, they may stay in the home as renters and buy their home back later. The foreclosure consultants claim that transfer is necessary so that someone with a better credit rating can obtain a new loan to prevent foreclosure. BEWARE! This is a common scheme so-‐called “rescuers” use to evict homeowners and steal all or most of the home’s equity.



DON’T sign any documents without reading them first. Many homeowners think that they are signing documents for a new loan to pay off the mortgage they are behind on. Later, they discover that they actually transferred ownership to the “rescuer”.

Frequently Asked Questions

1) Q. What will be a part of your process for me? A. An examination of your loan documents is one sure fire way to get your lender over the barrel. When violations of Federal and State laws are discovered in your loan documents, we use this information to pressure the lender into modifying your loan into something you can actually afford. In some cases, when rescindable violations are discovered, we will move to rescind the loan entirely. If your property is in foreclosure, we can use the audit report as a means to stop the foreclosure.

2) Q. How long does the process take to establish the lien? A. It takes 33 -‐ 60 days to have a legal lien filed at the Secretary of State against the

bank and its assets.

3) Q. How do you calculate the lien amount? A. Add up the down payment, all improvements, all payments, and the loan amount

multiplied by 4 times for punitive damages. Compensatory damages are 200 times that amount. The lien is substantial. In Haslip v. Pacific Mutual (499 U.S. 1), the Supreme Court decided on legitimacy of punitive damages. In this case, 200 times costs was found to be acceptable. We could use this equation or other formulas can be used with a lesser amount.

4) Q. Once the lien is in place, will it stop the realtor from harassing me or my tenants? A. Yes, we will file a complaint with the Department of Real Estate, against their

license, against their broker, and also go after their Errors and Omission Insurance. They will stop the harassment..

5) Q. Will it stop a foreclosure? A. Because it is a 33 -‐ 60 day process to establish a legitimate lien, it won't be able to

stop a sale on short notice. However, once the lien is filed and in place, it will definitely stop most foreclosures.

6) Q. If the property is vacant, can I move back in? A. When the lien is in place, our lien enforcement team can get you back in to the

property.

7) Q. Will it stop an eviction? A. It will stop the eviction if the lien is in place, but until the lien is recorded, other

eviction delay procedures should be implemented.



8) Q. Do you have to be behind on your mortgage to participate? A. It does not matter if you are current, behind, refinanced the loan, or lost the

property. Remember: the lien is to secure your interest in the property.

9) Q. What if the property was purchased by a 3rd party? A. At the client's request, we can force the banks hand and get the property back. In

this case we suggest the monetary damages not to displace new homeowners.

10) Q. What is the refund policy? A. When a client wishes to leave our program, there is no termination fee or long term

contract which forces them to stay or continue with any further payments. All monies paid into the program to date are NON-‐REFUNDABLE. Also if we are able to release the mortgage, there will not be a cancellation of the joint venture agreement. A buyout is a possibility as notated in the JVA.

11) Q. Can you show us a successful case?

A. No -‐ when a negotiation has been completed with a client with the bank, the bank requires a signed non-‐disclosure gag order. The bank does not want anybody to know how the procedure was done to keep others from doing the same. We also do not want to jeopardize a client's property by breaking the order.

12) Q. If I'm currently in a loan modification, will this procedure help?

A. Once you have a lien against the bank, your file moves to the top and whatever you want, our lien enforcement team will negotiate the terms requested by the client.

13) Q. If there is a 2nd or 3rd, is the procedure different?

A. The procedure for the 2nd and 3rd mortgage is the same and requires the same amount of time and energy.

14) Q. What is the success rate?

A. Very high.

15) Q. What if I have a 2nd mortgage? Do I need to do the procedure with that? A. If you do not handle the 2nd, it will be a lien still against the property you owe. We

suggest all liens against property go through the procedure to have them removed.

16) Q. What is the cost for the 2nd mortgage? A. We structure it appropriately to the 1st mortgage, so it depends how that looks.

17) Q. If I'm in the middle of a trustee sale reversal, will this help? A. Same as #16

18) Q. What if I lost my home 2 years ago?



A. Fraud has no statute of limitation. You can pursue a lien against the bank at anytime you can afford the cost of the procedure. Punitive and compensatory damages are what you would be working for here.

19) Q. Have any of the liens placed against the bank ever been overturned?

A. Never.

20) Q. How long do I have to act? A. Time is of the essence when you are behind on your house, and delaying this

process can be a big mistake. Each day that passes makes it that much harder to get a mortgage release. The home foreclosure process usually takes about 90 days. When we find evidence of loan fraud, or predatory lending, the lenders typically stop the foreclosure in order to give their legal department time to review the case. Pending their case load, the mortgage release can be done in 3 -‐ 6 months on average. If you qualify for our program you will be given a joint venture agreement to review. You have one week to ratify the agreement. Time is of the essence and we only help homeowners who are decisive and don’t waste precious time.

21) Q. Do I have enough time to stop my foreclosure?

A. Up until the foreclosure sale occurs there is still hope. If a sale date for your house has been set you need to act fast. In these cases, you get emergency attention from us. If need be, we will have one of our attorneys get involved to stop the foreclosure sale. We typically turn away clients with a short timeframe from foreclosure and clients who take more than 7 days to make a decision. In some cases we can still help homeowners that already lost their home to foreclosure but it is harder to do.

22) Q. I'm currently in bankruptcy. Can you still help?

A. Yes. We present many alternatives to the court and the judge sees the violations of Federal law, until such time as the court can review the allegations.

23) Q. Should I file for bankruptcy to save my house?

A. Maybe, but not before we examine all your documents. Use bankruptcy as a last resort to saving your home. It’s always good to explore all your options so don’t rush into making an uninformed decision.

24) Q. I've already talked with my lender and they just want all their money. Can you

still help me? A. Yes. Many people experience this kind of inflexibility from their lenders before

calling our team. Watch how fast they sing a different tune when they know they are dealing with an experienced team of professionals with access to judges and lawyers. Imagine their response if indeed evidence of loan fraud, predatory lending, or servicing violations is discovered. Then, there is the issue of servicing companies that are powerless to modify the loan. These are companies that do not own the note. We then bypass the company all together and go directly to the note holder.



25) Q. Will my credit be damaged from doing a mortgage release? A. Most likely. However if you have great credit, this is something you may evaluate in your decision to do the program. If your credit is already damaged, we may be able to help reverse any adverse accounts through our Credit Restoration Program. Through the CRP, we are able to repair and remove any derogatory information on your credit files in a 1 -‐ 3 month timeframe rewarding you the freedom and flexibly realized by having high credit scores. (Some cases will differ in timeframe) Not only will you be able to release your mortgage, you will also be able to remove any late payments associated with this account! However, you have to understand that credit agencies are private organizations and credit agencies are part of a larger system. These agencies work hand-‐in-‐hand with your lender and the banks make more money the lower your credit score so it's not surprising that your credit will be affected by these strategies.

26) Q. EXPENSES – Approximately how much will it be?

A. This varies with each property. Usually if the property is near foreclosure/trustee sale, more cost is involved since we may have to hire attorneys to defend it. With most cases, it doesn’t come to that and we release the mortgage before they try to foreclose. It's different for each case.

27) Q. What makes the mortgage release legal?

A. Every individual has a TILA Right of Rescission recourse that is self-‐enforcing. The process begins with the consumer’s notice to the bank that he or she is rescinding the transaction. By operation of law, the security interest and promissory note automatically becomes void and the consumer is relieved of any obligation to pay any finance or other charges. Ultimately, the TILA rescission not only cancels a security interest in the property but it also cancels any liability. All actions we take have been researched and backed by statutes, rights and law.

28) Q. Should I pursue a loan modification or short sale?

A. A loan modification occurs when a lender agrees to change one or more parts of the loan terms in order to make the loan more affordable to the borrower (while still being able to pay the lender). The loan modification is best suited for borrowers who are behind on their mortgage but have a plan for repaying their debts. Generally speaking, a loan modification candidate had a specific incident or occurrence that has caused them to be behind and is curable. The curability is significant. Without it, the lender will be unlikely to agree to new terms. Most loan modifications do not get approved and that is the problem with this strategy.

Short sales are more appropriate for borrowers who are mostly hopeless for being able to afford their mortgage. This may happen due to a long-‐term job loss, extended illness, divorce, or death of a partner. A bank is more likely to agree to a short sale if the borrower has made every effort to repay the debt and to sell the property. The lender wants to see an effort for the property to be sold for the most amount of



money possible. Lenders like to see the property listed with a reputable real estate company so they know the seller has done everything possible to cure the problem. Yet, most short sales do not get approved.

The facts are that both of these options should be explored if you QUALIFY for them. The one big catch is that the lenders have the final say on the approval of a loan modification or short sale which does not give you control. A mortgage release will trump any of these bank approved options and give you peace of mind of eliminating your mortgage for good. The key is that you are in CONTROL. Together with the right team, you can save your home and protect your asset.

29) Q. Can I get a copy of all the paperwork?

A. No. You can get it after you are qualified and approved for our program.

30) Q. This sounds like a great program to help people, how do you work with someone who would like to affiliate with your company? A. Usually, we like to see you use our services first to understand how it can benefit

you. Once you see how this works personally, then you can start referring clients to us for a commission. And once you have proven to us that you are serious about the opportunity, then you can become an Affiliate with our company and we can help your clients with various solutions based on their situation. Please call our offices, and we can give you more information about our Referral and Affiliate programs.

31) Q. Sounds too good to be true?

A. Yes, sounds unbelievable right? That is why we did so much research to give you the facts in this special report. You can look up all of these laws and statues yourself to verify the validity of these facts. Here's the bottom line: as simple as it was for you to sign documents to get a loan, it will be as simple as you signing documents to release that loan/liability. If you do your research about everything we mentioned in this special report, you will be amazed at what you did not know. A simple example is a cost of a flight to a destination; everyone is pretty much paying the same price for the flight (given all things being equal such as when they booked the flight, coach, no frills, etc); however if you know of a website with specials, discounts and promotions, you can get the ticket for almost half the cost of the other seats booked on the same plane. The person that paid for the ticket at a reduced price had the privy information while 95% of the population did not. Most people don't have many options and the options they do have favor the lenders.

32) Q. What if you can't get rid of my mortgage or release it?

A. There are many strategies we use and that is the good thing about what we do. We are not just a 'one style/one color shop', we have multiple strategies to help our clients. If we can't release your lien then we can most likely place a lien on the lender for fraud and you can get a judgment. The judgment gets filed in the Federal Court system so it's perfectly legal as long as you do it right and you have the right



team doing it for you. Then, your judgment can be monetized and the proceeds from your judgment will go to you and you can pay your bank/lender in full.

33) Q. Can I use your special report as a guide and do my own research to do this

myself? A. There are so many factors of each client's case that will make most people confused beyond madness because situations on cases change all the time and it's not always cookie cutter how each case is handled. And most importantly, you may not have all the ingredients to be successful at this process. These variables include having the advice, experience, knowledge, technology, team, expertise, resources, network, association, funding, and much more. Thus, trying this on your own or even with the help of someone you think may know (like a friend or attorney with limited knowledge of these matters) could lead to very dire consequences.

34) Q: Shouldn't I be concerned that I am crossing the ethics and moral issue with a

mortgage release? Some people may wonder, and it can be cause for concern, about the process you are suggesting is that when an applicant asked for a credit card, that applicant promised he/she would pay it back. When someone takes out a mortgage to buy a house, that person promised to pay it back. People like to keep their promises and to stay in honor. Would one be getting a 'free house'? What if everyone does this, will we have a financial meltdown? A. This is a summary, but it is vital to grasp the issues which are actually more than life and death in scope. This has a powerful spiritual dimension as well. You have been convinced that you borrowed, therefore you owe. But you are assuming a voluntary servitude that is not required of you by law and you were not informed of this by the responsible party. There has not been disclosure of the material facts by the bank or credit card company and they had nothing to give in return. They convinced you to give them the title to the property in exchange for your own credit. It is not the bank's money that bought the house. You did not receive value from them. Your own promissory note supplied the credit. In return for your credit they rent it back to you for 30 years and hold title for having supplied nothing to the transaction. Furthermore, your promissory note was eventually sold multiple times without your permission or knowledge even though it belongs to you. In monetizing your promissory note, the bank increased its wealth by 9 times the note and subsequently demands that you pay back the principal plus interest....on your own credit. Your note created money for them and yet you keep paying and paying. The bill of exchange you obtain for the $120,000 mortgage is worth $1,080,000 to the bank by monetizing it on the discount market. As a "thank you" for the privilege of using your promissory note to vastly increase its own assets, the bank wishes for you to pay back the $120,000 you created with your credit plus interest, which over 30 years would nearly triple the cost of the mortgage AND you gave them the collateral of the house that you already paid for with your promissory note.



In our debt elimination process there is no reneging on contract for two reasons. First, the debt is discharged by a surety bond and bill of exchange following existing statutes and administrative procedures. Secondly, there was no contract from the beginning. A "mortgage" is not a contract just as the Constitution is not a contract. A contract requires two (2) or more parties (Offeror and Offeree) who, at the time of its execution or adoption, covenanted to be bound by it as evidenced by the signature(s).

The practiced pattern of the "mortgage" lending industry, and their well publicized activities, proves beyond a shadow of a doubt, that: (1) every "Mortgage Lender" did intentionally obtain their customer’s promissory notes, by non-‐disclosure, concealment and suppression of the material fact; (2) that the mortgage lender was not risking any of their own assets in the transaction ,and, (3) that the "Lender" did intentionally obtain their customer’s notes by concerted action, which would accomplish the unlawful things described herein, with full knowledge of the end results of their individual participation. In a just society, they would be charged with fraud, larceny and conspiracy to defraud (RICO). I will explain:

A "Mortgage Lender" is not a party to a mortgage under the laws of contract. No agent/principal for the mortgage lender will sign a mortgage contract. The reason for the missing signature is because the agent/principal is fully aware that the mortgage lender is not tendering any consideration in the transaction. Therefore, having provided no consideration and having given no indication of any desire to participate as a party to the contract by signing the contract, neither the mortgage lender nor any other third party who may acquire the mortgage, has any legal authority to impose the terms of the mortgage. The contract fails for lack of consideration.

There is no power of attorney in the mortgage granting the mortgage lender the legal right to use the individual's promissory note for the mortgage lender's personal financial gain, without compensating the maker of the note. There is no written granted authority, or disclosure in the mortgage for the mortgage lender, or any other party, to "pool", "encumber", "pledge", "hypothecate", or “trade” the individual promissory note on the secondary market where all trades are cleared by the Federal Reserve and are trades "off the books” without compensating the maker.

You, the maker of the note in the mortgage "contract" have made no appointment of representative status to any agent/principal of the mortgage lender. After obtaining the note, the non-‐authorized actions of the mortgage lender concerning the individual promissory note creates implied obligations for the maker to undisclosed and unknown parties to the original transaction.



If the mortgage were a contract, then the mortgage lender would have had to tender consideration and possess the original unmarked and unaltered note in order to sell the note or enforce the contract. Otherwise the contract is "voidable".

When the mortgage lender obtains the customer's promissory note without consideration, they have committed an act of "Constructive Fraud" by acts of concealment of material facts. These acts of concealment of material facts establish a Breach of Contract, since the mortgage lender has a legal duty to act in good faith and disclose all material facts relative to the transaction.

Having obtained the customer's promissory note by “Constructive Fraud”, the mortgage lender is not justified by "implied consent" to enforce the contract, as that consent, implied or otherwise, cannot be given under a cloud of non-‐disclosure, concealment and suppression of material facts, or a state of duress. Do you think the bank holds the moral position here?

If the sovereign has the rights of sovereignty over himself and his property, then each is capable of entering in to a social contract. But by the use of mortgage, those who are sovereign are deceived in to use by privilege, of what they think they possess by right. A privilege is granted by an authority, whereas a right is a natural heritage implying ownership. Because the 14th Amendment to the Constitution has placed the sovereign under the protection of the United States CORPORATION which administers the District of Columbia and all other Federal territories and possessions, the mortgage lender, the lawyer and the judge take advantage of the sovereign under the undisclosed concept that the individual is a perpetual child who is incompetent, a ward of the State, and not legally capable of entering in to ANY contract, while yet enforcing an implied contract.

But, a contract creates the law. Therefore, a contract is a living body of law and is an agreement made between living people. When a contract’s sponsors and promoters reduce to a document words and terms that convey privileges and authority which those sponsors and promoters have no right or lack the capacity to convey, it is illegal.

There's much more that demonstrates that your moral issue is rather to uphold your right to be considered a sovereign rather than a subject. At the moment you are considered before the law to be incompetent and in need of caretaking. Your employees, the several levels of government, have taken without permission your substance to be collateral for the debt they’ve created.

Since you have not taken the position that you are capable of accepting responsibility, you are treated as though you were irresponsible. They presume that since you have not taken control of your own affairs, you are content to remain under their care. So morally, to avoid this issue you are permitting the governments to usurp power from you and collectively from all other sovereigns who do not



know they have lost their status under a constitutional republic. By default you and all others who are unaware have created the impending dictatorship by inaction. Here is a moral position that cannot be overlooked.

Since 1933, the US has been bankrupt and money is no longer available but for the debt instruments that, when used to repay debt, actually increase the national debt. Having withdrawn substance for commerce, only the government can extinguish our debts. That is the action of the surety bond and a bill of exchange instrument to discharge your debts.

Furthermore, by "switching chairs" with you, the mortgagor manages to become the acceptor of your offer and ends up holding the contract in due course...meaning, as holder they retain the right of ownership whereas you obtain the privilege of its use! When title is registered, the true owner of the property -‐-‐ car, house, boat, etc. -‐-‐ is the state. Therefore you must pay rent to the feudal lord who owns the property to which you have acquired the privilege of its use -‐-‐ taxes, license fees, etc. You own nothing and retain privilege at the sufferance of the State.

Do you note the immorality of the system? This is the system you support by non-‐action, and establishing your rights to your own substance which has been taken from you without your knowledge or permission is the beginning of taking back the power you inadvertently let slip away. Not your fault. The schools, attorneys, the media, the government, the banks do not provide you with the information to make an informed decision. That does not diminish your own responsibility to become informed. Now you have a clearer idea of what the stakes are, you understand some of the consequences of being uninformed, and you have the choice of pretending you don't know or doing something about what you now know.

In the end, all decisions need to be made by YOU and only you. That is why we put so much time and resources in to putting together a comprehensive Special Report to help you answer most, if not all, questions regarding the mortgage release. After all the facts are given, the decision is yours to make and when you make that decision, pick the one that allows you to sleep at night with full 'peace of mind'.

Why Loan Modification Is Not In Your Favor Your mortgage currently does not reflect the terms you originally signed and agreed to. Due to securitization, the terms of your loan as being enforced currently, have been modified without your permission. In many cases, homeowners have been charged fees not authorized by original terms of mortgage. The party you pay your payments to MORE THAN LIKELY does NOT own your note. When a loan is securitized, the note is destroyed and the deed of trust is given to another party and payments are assigned to a third party whom you make your payments to.



Every time a mortgage is transferred, documents are required, same as a car, house, or any other asset. In some cases, original documents are available to confirm the existence of the debt, however if the debt was sold, transferred, or collateralized with other pools of loans, it must be determined if there are any other claims or parties that may have claims, prior to any foreclosure being complete. There must be a proper chain of ownership in order to confirm the claims of the parties involved. There exists RAMPANT FRAUD in the bubbles of real estate, mortgage, and Wall Street securities. From real estate valuation, to the sales terms, mortgage terms, and documentation to underwriting, there are countless examples of negligence, fraud, deceptive practices, predatory lending and many other crimes that have equally countless victims. Many of these victims are seemingly unaware of these crimes, and are losing their homes en masse. Wall Street has only been the conduit for the real estate industry bubble created from 2001-‐2007. The courts have upheld that a Deed of Trust and a mortgage note CANNOT be traded or sold separately. Federal and State courts have upheld that the power of sale cannot be conferred separately from the ownership of the debt itself. Most foreclosures are conducted by a “trustee” who has been instructed to do so by parties that do not own the note/debt itself. Most mortgage notes have been sold or traded separately from their Deed of Trust. This is true for a majority of mortgage loans in the United States. If your mortgage happens to be one of those that has been held as a “portfolio loan” and has not been securitized or sold, there are many other claims that you may have to defend against foreclosure, including but not limited to, items listed in #6 above. Your original eocuments have more than likely been destroyed intentionally or otherwise. It is much cheaper to store documents digitally than to store the physical copies. Due to this fact, most mortgage documents are scanned and destroyed by the original lender. Other times, they are lost or destroyed intentionally where parties have collected on claims of insurance policies in effect to cover against such losses. Most mortgage documents are just not available. Original documents are REQUIRED in foreclosure as sole method to verify validity and authenticity. Courts in Federal and State jurisdictions have upheld that original documents must be provided in order to validate and authenticate the claims, when disputed by any of the parties involved. Originating lenders and brokers of mortgages are out of business, leaving no trail of documents to verify. It is true that upon the bursting of this "bubble" in the summer of 2007, more than 300 lenders quickly shut their doors over a 3 month period, destroying their records, documents, and paper trails. In many cases this left a cloud of doubt over the title and the true ownership of the debt that should be disputed for clarification.



Most banks and parties conducting foreclosures are NOT authorized by law to do so, and can be beat at their own game by disputing the validity of the debt!

Servicing of the Loan This information was taken from a MERS lawsuit won by the plaintiff.

Servicing refers to the collection of the monthly payments for each mortgage, and as earlier noted, the general management of the loans. The servicers are contractually obligated to act in the interests of the investors via the Pooling and Servicing Agreement (PSA). Every PSA names a master servicer and other servicers. They are the entities tasked with the collection of payments. Responsibilities include: collect the monthly payments on each loan; keep accurate payment history records; track payments and segregate with different Trusts for which the servicer collects; make monthly payments to the Trusts; engage in collection efforts for loans not being repaid; attempt to resolve collection issues via loan modifications, forbearance, or other workout agreement tactics; authorize short sales or deed in lieu of foreclosure; initiate foreclosure proceedings.

The servicer has significant duties related to loan management. It would appear that there would be significant reason to engage in loan modifications or principal reductions to ensure loan repayment over foreclosures. But actually, the servicer has no incentive to engage in such actions and in this case did not in direct violation of Civil Code section 2923.5. The servicer did not engage in any effort because the servicer has no beneficial interest in the note, so there is no urgent demand for anything but foreclosure.

When the payments were missed, the servicer had to “advance” the payments to the Trust with its own funds. The only way to recoup these funds is through foreclosure, since the PSA does not allow for recoupment in any other manner. (The servicer stops making these advances only when it is determined that the money is “not recoverable”.)

The servicer was paid on the total dollar amount of the “Servicing Portfolio” for the Trust. Authorizing a principal reduction would reduce the total dollar amount of the portfolio, so the servicer would receive less monthly income. Further, a percentage payment on the unpaid principal balance of the pool is the single largest source of income for the servicer.

Under the rules promulgated by the credit rating agencies and bond insurers, the servicer would be delayed in recovering the advances when they do a modification, but not when they foreclose. Stalling foreclosures means that the “Servicing Portfolio” increases monthly, resulting in increased servicing fees.

Performing loan modification would cost the servicer upfront monies in fixed overhead costs, including staffing and physical infrastructure, plus out-‐of-‐pocket expenses such as property valuation and financing costs.

The post-‐hoc reimbursement for the individual loan modifications offered by Making Home Affordable and other programs was not sufficient to induce the servicer to alter their existing business model. The Quarterly Report to Congress issued by the Office of Inspector



General for the Troubled Asset Relief Program, under HAMP and its related programs, reports that Treasury signed agreements, called Servicer Participation Agreements (SPAs) with 145 servicers as of October 3, 2010. Of the $29.9 billion obligated to these servicers under their SPAs, $483.3 million was spent as of that date on completing permanent modification of first liens.

Of the combined amount of incentive payments, approximately $268 million went to pay servicer incentives, $164.9 million went to pay investor incentives, and $52 million went to pay borrower incentives.

The servicer collects additional fees from late payments, foreclosure actions, and numerous “junk fees” that they add to the homeowner’s account.

The SPA does not allow for modification unless the servicer “buys back” the loan from the investor at the balance due, which the servicer won’t do since the loan is in default and the home is worth less than the loan. Buying back the loan would mean a loss for the servicer.

The primary mortgage insurance on the loan meant that no loss occurs in the event of foreclosure.

Credit default swaps would pay not just losses, but above and beyond losses. Using these forms of Insurance, for instance, a $2 premium can be paid to insure $100 in debt.

For these reasons, the servicer did not engage in any meaningful effort at loan modification despite the statutory mandate in the state of California and falsified their claim under Civil Code Section 2923.5.

The Foreclosure Process Was Unlawful

The original mortgage was executed on December 15, 2006. The beneficiary and mortgagee is MERS and the lender is GreenPoint Mortgage Funding, Inc. Marin Conveyancing Corp. is the trustee according to the Deed of Trust and the mortgage allows for the Trustee to invoke the statutory power of sale. The SPA contained in the caveat states that the mortgage instrument must be duly executed and fully enforceable.

The note states that the lender may transfer the note and the nender “or anyone who takes the note by transfer and who is entitled to receive payments under this note is called the ‘note holder’”. The actual note holder is unknown at this time and whether or not MERS has any authority to act as the agent of the current note holder is unknown.

Section 131(g) of the Truth in Lending Act (15 USC Sec. 1640)(TILA) was amended on May 19, 2009, to include a new provision requiring the assignee of a mortgage loan to notify a consumer borrower that the loan has been transferred. Section 131(g) requires the new owner or assignee of a mortgage loan must notify the borrower in writing within 30 days after the mortgage loan is sold or otherwise transferred. This notification never occurred.

MERS as the assignee violated this notice requirement and is subject to civil penalties under Section 130(a) of TILA. Further, effective July 31, 2009, the maximum penalty



increased from $2,000 to $4,000. that an individual consumer may recover for each TILA violation in connection with a closed-‐end loan secured by real property or a dwelling increased. Additionally, TILA’s Section 108 provides that “a violation of any requirement imposed under TILA shall be deemed a violation of a requirement imposed under [the FTC’s Act]”, regardless of whether a person committing a violation otherwise comes under the FTC’s jurisdiction. For willful or knowing violations, a person may be fined up to $5,000 and/or imprisoned for up to one year, in accordance with Section 112 of TILA.

Supporting Organizations

The UPU (Universal Postal Union) in Bern, Switzerland, is an extremely significant organization in today’s world. It is formulated by treaty. No nation can be recognized as a nation without being in international admiralty in order to have a forum common to all nations for engaging in commerce and resolving disputes.

The UPU operates under the authority of treaties with every country in the world. It is, as it were, the overseer over the common interaction of all countries in international commerce. Every nation has a postal system, reciprocal banking, and commercial relationships, whereby all are within and under the UPU. The UPU is the number one military contract mover in the world.

For this reason we send all important legal and commercial documents through the post office rather than private carriers. We want direct access to the authority—and corresponding availability of remedy and recourse—of the UPU. For instance, if you post through the US Post Office and the US Postmaster does not provide you with the remedy you request within twenty-‐one (21) days, you can take the matter to the UPU.

Involving the authority of the UPU is automatically invoked by the use of postage stamps. Utilization of stamps includes putting stamps on any documents (for clout purposes, not mailing) we wish to introduce in to the system. As long as you use a stamp (of any kind) you are in the game.

Note: The United States has a treaty with the Universal Postal Union and the terms and conditions of that treaty must be followed by all who choose to use the United States Postal Service for all mailings. All complaints of mail fraud can be handled through the UPU.



When Can I Begin? Peace of Mind, LLC is prepared to help you release your mortgage today. The entire process will take on average anywhere between 9 -‐ 12 months. Let us help you keep your home and get it free and clear at a price you can afford and live with!

It is your home, your money, and your family's future. You leave it to the banks and you will never get it paid off, nor own it. You want to own what you have, now is your chance. You have nothing to lose and a home to gain. Examine your situation. List and weigh your options. Make an informed decision! But whatever you do, do not wait. This is a privileged, private process and we only take clients on referrals and word of mouth; thus, we do not service the public and everyone. Call today 866-‐4-‐Way-‐Out or 866-‐492-‐9688 to request a free analysis of your mortgage to see if you qualify.

Disclaimer & Disclosures Not all situations are the same, thus some additional process/steps may be added. We are not attorneys nor do we act in any capacity as legal counsel. The information within these pages is for educational purposes only and while we believe this information to be true and correct, it is not an offer in any way as legal or financial advice. It is entirely up to the reader to seek appropriate legal and financial advice before any action. The reader by reading this notice waives all claims and liability that may arise from using this information. These materials are provided ‘as is’ without any express or implied warranty of any kind including warranties of merchantability, non-‐infringement of protecting one’s

BENEFITS OF OUR PROGRAM:

• establish a claim on the public record for the homeowner • protect homeowner’s interest in their property • assist homeowner in asserting their rights • determine if there is fraud on their mortgage documents • identify who owns the note • partner with homeowner to place a lien on the lender for fraud • file all documents to the lender, IRS and government agencies • provide for formation of a trust to protect assets • ask questions and demand answers from all parties involved by certified

witness • provide resources that are private and not available to the public • And much more…



property or for any particular purpose. The author(s) release and waive any damages whatsoever including without limitation to loss of profits, principal, asset protection, legal and criminal liabilities for the use and in ability to use the information presented.