Carlin: Wall Street Owns Washington

I just sent off a letter to my servicer today with regards to them faxing me a copy of my note with my signature being fraudulent.


by Nacho.Libre

I didn’t focus on a “civil” lawsuit or look for some big payout, instead, I focused more on the criminal aspect.  This crap does have to stop and some people need to start going to jail.  Here are a few statues I cited in my letter as they pertain to Texas.  I gave them a deadline of 21 days to release my mortgage and pay me back my principle and interest payments or I would file a criminal complaint and press charges.

p { margin-bottom: 0.08in; }

1) No recording of the claimed note or deed at the local courthouse.

Texas Property Code Sec.13.001. VALIDITY OF UNRECORDED INSTRUMENT.(a)A conveyance of real property or an interest in real property or a mortgage or deed of trust is void as to a creditor or to a subsequent purchaser for a valuable consideration without notice unless the instrument has been acknowledged, sworn to, or proved and filed for record as required by law.

2) Verification of the original “wet ink” or “blue ink” documents.

Texas Property Code Sec. 12.0011. INSTRUMENTS CONCERNING PROPERTY: ORIGINAL SIGNATURE REQUIRED FOR CERTAIN INSTRUMENTS. (a) For the purposes of this section, “paper document” means a document received by a county clerk in a form that is not electronic. (b) A paper document concerning real or personal property may not be recorded or serve as notice of the paper document unless: (1) the paper document contains an original signature or signatures that are acknowledged, sworn to with a proper jurat, or proved according to law; or (2) the paper document is attached as an exhibit to a paper affidavit or other document that has an original signature or signatures that are acknowledged, sworn to with a proper jurat, or proved according to law.

3) Forged Signature on faxed Note claiming ownership by Citimortgage

Texas Penal Code Sec. 32.21 States: FORGERY. (a) For purposes of this section: (1)”Forge” means: (A) to alter, make, complete, execute, or authenticate any writing so that it purports: (i) to be the act of another who did not authorize that act; (iii) to be a copy of an original when no such original existed;

(B) to issue, transfer, register the transfer of, pass, publish, or otherwise utter a writing that is forged within the meaning of Paragraph (A); or (C) to possess a writing that is forged within the meaning of Paragraph (A) with intent to utter it in a manner specified in Paragraph (B). (b) A person commits an offense if he forges a writing with intent to defraud or harm another. (d) An offense under this section is a state jail felony if the writing is or purports to be a will, codicil, deed, deed of trust, mortgage, security instrument, security agreement, credit card, check, authorization to debit an account at a financial institution, or similar sight order for payment of money, contract, release, or other commercial instrument.

4) Other potential criminal code violations

Texas Penal Code Sec. 71.02. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY,

Texas Penal Code Sec. 37.10. TAMPERING WITH GOVERNMENTAL RECORD, and

Sec. 4.02. MONEY LAUNDERING. (a) A person commits an offense if the person knowingly: (1) acquires or maintains an interest in, conceals, possesses, transfers, or transports the proceeds of criminal activity; (2) conducts, supervises, or facilitates a transaction involving the proceeds of criminal activity; (a-1) Knowledge of the specific nature of the criminal activity giving rise to the proceeds is not required to establish a culpable mental state under this section. (e) An offense under this section is: (1) a state jail felony…

Texas Penal Code Sec 32.47. FRAUDULENT DESTRUCTION, REMOVAL, OR CONCEALMENT OF WRITING. (a) A person commits an offense if, with intent to defraud or harm another, he destroys, removes, conceals, alters, substitutes, or otherwise impairs the verity, legibility, or availability of a writing, other than a governmental record.(d) An offense under this section is a state jail felony if the writing: (2) is a deed, mortgage, deed of trust, security instrument, security agreement, or other writing for which the law provides public recording or filing, whether or not the writing has been acknowledged.

5) Release of Fraudulent Lien

Texas Penal Code Sec. 32.49. REFUSAL TO EXECUTE RELEASE OF FRAUDULENT LIEN OR CLAIM. (a) A person commits an offense if, with intent to defraud or harm another, the person: (1) owns, holds, or is the beneficiary of a purported lien or claim asserted against real or personal property or an interest in real or personal property that is fraudulent, as described by Section 51.901(c), Government Code; and (2) not later than the 21st day after the date of receipt of actual or written notice sent by either certified or registered mail, return receipt requested, to the person’s last known address, or by telephonic document transfer to the recipient’s current telecopier number, requesting the execution of a release of the fraudulent lien or claim, refuses to execute the release on the request of: (A) the obligor or debtor; or (B) any person who owns any interest in the real or personal property described in the document or instrument that is the basis for the lien or claim.(b) A person who fails to execute a release of the purported lien or claim within the period prescribed by Subsection (a)(2) is presumed to have had the intent to harm or defraud another.