# Page 1: Introduction – Why This Guide Exists

The foreclosure process is one of the most misunderstood and dangerous threats to families in America today. Most homeowners believe that when they fall behind on payments, the bank has a legal right to take their home. But what if that premise is fundamentally flawed? What if the entire mortgage system is built on half-truths and legal tricks designed to confuse and defeat you before you ever step into a courtroom?

This guide is written for everyday people—not lawyers. Whether you're a single mother, veteran, retiree, or working-class homeowner just trying to keep a roof over your head, we’re here to show you the truth. And not just the truth—but the tools to fight back.

With examples, simple breakdowns, and references to actual laws, this guide will help you understand how mortgages are structured, how securitization strips the lender of enforcement rights, and why YOU still have standing to challenge foreclosure—even if you’re behind on payments.

# Page 2: What Is a Mortgage – Really?

The term "mortgage" comes from Latin roots: mort (dead) + gage (pledge). It literally means a "dead pledge"—a contract that dies once it's fulfilled or broken. But in today's world, the mortgage you sign is not what it seems.

### Example: Two Friends and a Baseball Card
Imagine this: you want to borrow $100 from a friend. But instead of giving you cash, he asks you to give him a baseball card worth $100. Once he has the card, he uses it to get cash from someone else. This is not a loan. It’s a swap. You gave the value, not him.

In mortgage finance, your promissory note is the baseball card. The bank never loans you actual money. Instead, it takes your signed note and deposits it as an asset, creating money through fractional reserve lending and the Fed window.

According to Federal Reserve Publication Modern Money Mechanics, banks create money when they receive a signed note, not before. That note is then deposited, monetized, and used to fund the “loan.”

> “Banks do not lend their own money. They create money by making loans.” – Federal Reserve Bank of Chicago

In other words, you funded your own loan—and nobody told you.

# Page 3: The Securitization Shell Game

Once your note is signed, it’s usually sold off and pooled with thousands of others in a mortgage-backed security (MBS). These are bonds sold on Wall Street.

The process goes like this:
1. Your loan is closed.
2. The note is endorsed (sometimes in blank) and transferred to an aggregator.
3. It’s then deposited into a trust, which issues bonds to investors.
4. You continue paying, but now the payments go to a servicer, not the lender.

### Problem: No Standing to Foreclose
Once the note is securitized and sold, the original lender no longer owns it. In fact, it may be legally impossible to even determine who owns it without a full accounting and trust records.

Under UCC § 3-301, only the “holder in due course” may enforce a note. If your note was sold into a trust and split from the deed of trust (or security deed), the party trying to foreclose is likely not the lawful owner.

> “MERS is not and never was the mortgagee or beneficiary.” – Landmark Nat’l Bank v. Kesler, 216 P.3d 158 (Kan. 2009)

Also see: Jesinoski v. Countrywide Home Loans, Inc., 574 U.S. 259 (2015) – affirming borrower’s right to rescind a mortgage without filing suit.

# Page 4: The Attorney Has No Authority

Most foreclosure actions are brought by law firms claiming to represent the “lender.” But do they?

Ask for the following:
- Power of attorney signed by the board of trustees of the trust
- Minutes or resolutions authorizing foreclosure
- Chain of title and note transfers

In most cases, none of these documents exist or are ever produced. Under Title 12 U.S.C. § 1813, the term "person" means a corporation—not a private man or woman. If you're not a “person,” the bank cannot lawfully do business with you without violating the law.

Also, attorneys must be delegated by Congress to have legitimate authority under Article I of the U.S. Constitution. BAR membership is not a congressional license.

See also: Carpenter v. Longan, 83 U.S. 271 (1872) – the mortgage follows the note, and one without the other is unenforceable.

# Page 5: Why Foreclosure Itself Is Misapplied

Let’s break it down further:
- Foreclosure, by legal definition, refers to closure of federal military bases or commercial operations.
- Your home is a private residence, not a military post or commercial farm.
- Under Article I, Section 10 of the U.S. Constitution, no state shall impair the obligation of contracts—but banks do this routinely by altering terms through servicing fraud.

Foreclosure is administrative unless you object. Once you object—properly, and on the record—it becomes a contested matter that requires standing, ownership, and proof.

# Page 6: Our Winning Strategy – and Your Next Steps

At MyForeclosureHotline, we don’t chase magic words. We chase real law. We file:
- Verified complaints
- Affidavits of Truth
- Motions for Quia Timet
- Emergency Injunctions
- Declaratory Judgments

We use:
- Title 12 U.S.C., RESPA, FDCPA, and UCC § 3-301
- Definitions from the Federal Reserve, SEC filings, and Black’s Law Dictionary

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# Bonus Guide: What Court Should You Be In?

**Superior Court (State Court)**
- Handles real property disputes, contract law, equity, and trust law.

**U.S. District Court (Federal Court)**
- Handles constitutional claims, RESPA, FDCPA, and federal violations.

Under Article I, Section 8, Clause 14, Congress only governs military property. Your home is private property.

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**We believe in equity. We believe in freedom. And we believe you deserve the truth.**

Visit us at www.MyForeclosureHotline.com
Contact: support@atlantaforeclosurehotline.com

Written By: Wayne B. " I pray one day we all wake up and stop participating willfully in this monopoly. "

The Foreclosure Game