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Background information and comprehension of the scam is necessary to be able to ask the right questions.
Never admit having account/card/relationship with the bank/credit card company. Make them PROVE it!
The banks cannot produce fact witnesses. Show me the evidence. Where's the note!
"I just don't recollect ever having such an account. Prove it" (Reagan/Bush defense).
Never traverse. Always ask the important questions of the one bringing the claim.
"They" (the bank/credit card company) have to PROVE use of a credit card with a personal knowledge fact witness.
Impossible. No proof of acceptance.
Research the rules of evidence, and the exceptions therefor, in the rules applicable to your jurisdiction.
Evidence of testimony of a cashier that witnessed use of a credit card is the only way to establish acceptance by use of such a card. No way a cashier could competently remember a single transaction at the checkout counter.
Papers can be fabricated, and are routinely fabricated by lawyer-liar-attorneys in such cases.
Banks/Credit card companies can't produce the original wet-ink note.
No evidence to link a "mark" to an account. (Unless you stupidly "confess.")
Accounts (credit accounts) are under UCC Article 3 which defines "account" for purposes of Article 3 at UCC 4-104 -
"Account" means any deposit or credit account with a bank, including a demand, time, savings, passbook, share draft, or like account, other than an account evidenced by a certificate of deposit;
Banks and credit card companies and collectors, routinely fabricate documents.
Perjured Affidavits. Do forensic analysis of such documents. Such documents can be ripped apart by identification of the perjury that will be found within them.
"Personal Knowledge" means a fact witness that actually observed an event with their own senses, (sight, hearing, touch, smell, taste).
And not only that, the claimant must prove "STANDING" under UCC 3-301. The right to enforce the instrument. (See previous posts).
The statements made in the post above #62 (permalink) are for background information on the FRAUD being perpetrated upon people who don't know about the true nature of the banker vipers and thieves.
Debt collectors are LIARS and FRAUDS.
Scumbags -- ALL!
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Gadawg73, If you haven't heard:
The note and mortgage are inseparable; the former as essential, and the latter as an incident. An assignment of the note carries the mortgage with it, while an assignment of the latter alone is a nullity.
Carpenter v. Longan, 83 U.S. (16 Wall.) 271, 274, 21 L. Ed 313 (1872) (SCOTUS).
Carpenter recently cited in Landmark National Bank v. Kesler, Kansas S.Ct., No. 98,489, (August 2009)).
You have admitted that your work involves bank foreclosures, so, please publish the court name, location, and case number, for some of the cases where you have been "involved" in the successfull defense of someone in a bank foreclosure.
Such cases are public record. No privacy issues.
I'd like to read for myself how your "involvement" benefited someone in a bank foreclosure case.
In case you don't comprehend; the so-called "contract," is a "nullity" if there is no valid proof of the original wet-ink promissory note.
And not only that, if the so-called "contract," was founded in FRAUD, which it was, the so-called "contract," is, once again, null and void.
No evidence of the original, wet-ink promissory note, VOID Contract;
Fraud committed by the bank, non-disclosure, VOID Contract.
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Hey Gadawg73:
It is not surprising that creatures of your ilk work for banks.
Scum-bags like you, swoop in to take advantage of people who have been victimized by the banking system.
People who have been denied their income because of --- banksters.
Scum-bags, such as you, step up to "pick the bones" of the "bankster" victims, when they are most vulnerable, and broke.
When people have no knowledge of how to defend themselves, and no resources to pay for a valid defense from predators like you, when they are at their most vulnerable, instead of helping, you swoop down to "finish them off," and get them thrown into the street.
All in the name of FRAUD!
At the barrel of a gun!
What does your confession, "I work for the banks," say about you?
You are complicit in the scam, you are a willing accomplice!
Instead of seeking after the truth, you seek to uphold and defend the lie.
Your day of reckoning is near. It will come upon you as a thief in the night.
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Guess who loses those "pension funds of retired school teachers and police, fireman", granny's life savings and various others money in those banks? Banks have lied, stolen, altered documents, used creative accounting, stripped tax payer coffers and committed vast amounts of fraud and fraud in the inducement. I know this to be fact as it was done to me. They strip and rip off everyone they can with other people's money and retirement funds. They have teams of attorneys, bought and paid for judges and the victims do not have a chance in hell against these deep pocket hucksters. In my case it was not for some chump change $250,000.00 house. Once these con men convinced a judge to fully ignore evidence and banker testimony admitting wrong doing on the bank's part, they also took away two lawsuits where I was financially damaged. The major lawsuit the bank had dismissed after they took it away from me. The one thing I want to stress and make perfectly clear here is that the bank had no desire what so ever to have this loan paid back. Period... How do I know this, because one of the bank vice presidents testified that he could not say with any amount of certainty how much or even if I was in default at the time the bank claimed a default. He was merely "guesstimating". You can live in that perfect little cocoon you have wrapped yourself in and keep telling yourself that banks do not cheat people if you like. There are a hell of a lot of people out here that know different.How have you been victimized by the banks?
Did they force you to borrow the $?
Guess who owns 95% of the bank stock Moe? Pension funds of retired school teachers and police, fireman.
Those are the folks you are ripping off.
Why not sell your fancy car Moe and pay your house note? Your kids will thank you for it.
You have been fooled. None of your defenses are valid. Get over it. You learned a valuable lesson.
Pay your bills and keep your house.