Motion for Declaratory Judgement - Mortgage Fraud
If you have a mortgage and have reason to believe that the lender has committed promissory fraud by knowingly and intentionally mislead you to believe that they will loan you a sum of money and never did and never planned to actually loan you any money. then this Motion may very well be of vital importance to you in the event you plan to sue. This is for study purposes only.
Excerpt: "For the reasons stated above, the borrower believes the lender has committed promissory fraud, has breached their fiduciary duty established by the promissory note, has defrauded the borrower out of a down payment and monthly payments on a loan they never intended to make any advances on.
The lender also led the borrower to believe that by acquiring a mortgage, the borrower would be a “homeowner.” But many courts have ruled that a mortgage is not conveyance of title to property and a deed is merely color of title to those who do not know law.
Put simply, the money must first have been lent. As the payment of the debt is predicated on the promissory note and the note relies on the parties fulfilling their obligations.
The lender never sent any transaction, check, money order, deposit, or cash to the borrower, thereby creating no debt.
Borrower / plaintiff requests the courts to make a judgement stating:
1. that the mortgage as first lien and encumbrance on the property be considered null and void.
2. That the lender return the down payment to the borrower.
3. That the lender rerun all monthly payments to the borrower.
4. That the borrower / plaintiff is the sole owner of the property and has Allodial title to the property.
5. That the lender has no valid claim to the property by way of mortgage."