Affidavit to settle mortgage for its security?

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Affidavit to settle mortgage for its security?

Postby letsbefree » Fri Jan 20, 2012 10:46 pm

Hi All

I'm looking for a way to settle a mortgage by giving over the deeds to the lender and them having no further recourse for any mortgage shortfall. I'm considering doing an affidavit covering such things as the agreement was fraudulent, there was no full disclosure, and no equal consideration. Including something about the deeds being accepted as full and final settlement and probably some kind of commercial lien option to hold it tightly.

Does anyone have any experience of settling a mortgage for its security or drafting an affidavit such as this that could offer any help or advice please?
Many thanks
Mike
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Re: Affidavit to settle mortgage for its security?

Postby letsbefree » Sat Jan 21, 2012 12:58 pm

.... as a further point should I go though the route of sending a notice of fault with option to cure, and finally a default which includes the keys to the property. Or would the original affidavit be sufficient?
Thanks
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Re: Affidavit to settle mortgage for its security?

Postby Jayen4 » Sat Jan 21, 2012 3:45 pm

If you search my posts,you will see that I've been through this (and still am really) and the real problem is the fact that the f***ing judiciary are either in the pockets of the banksters or are being controlled by them ! In other words the game is rigged !
I hit the very first judge with an 'Statutory Declaration' (to produce the original mortgage note AND the complete accounting stream info,way back in 2009........and the fucker refused point blank to enter it into evidence !!! :shock: And he further compounded his wrongdoing by refusing to explain his actions !! What does that tell you ??

Have a look at my posts.....you get the idea.....

A loaded AK or AA12 might be a better course of action !!...... ;) (Only joking 'officer' ! :lol: .....or am I ?? :evil: ).
Frustrated Genius ! NOT a girl !!!
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Re: Affidavit to settle mortgage for its security?

Postby letsbefree » Sat Jan 21, 2012 5:51 pm

Thanks for the reply, i've looked though some of your case and hope you manage to get it all settled soon.

We're in a slightly different scenario, Currently the mortgage is in good standing, it is now out of term and payments are impossible to maintain, so I'm trying to settle it by handing over the keys, but doing it in such a water tight manor with an affidavit that it will never go near a court.
___________
you can visit my blog on all these matters here: http://www.ourfreedom.info ... useful information that i'm finding, and notes summarising it... its mostly for my record, but is an interesting read!
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