Frances Endencia v. Mario Arce
In pursuant to Constitutional Amendment XIV
§ 1, where the banks such as Bank of America & Wells
Fargo separated the mortgage and the note via
securitization and sold the mortgage to numerous1)
investors who did not pay real estate taxes. The
lenders continue to accept payments for the unsecured
note and failed to disclose to the homeowner that the
real estate is not secured by mortgage. Homeowner
pays the real estate taxes on the unsecured note. After
eight years of paying the real estate taxes, can the
homeowner remove cloud of title and own the real
estate mortgage(deed)?
Who owns the mortgage(deed)?
2) 18 US Code § 1031 (a) (1), Bank of America
(Lender) failed to disclose to petitioner that the note
was separated from the mortgage before closing. First
American Title insurance knew about this and did not
disclose the cloud in title and made her pay $8,190.91.
in settlement fees when there was no title insurance.
The lack of title insurance was disclosed in August
2015. In December 14-16, 2015 the respondents
evicted the petitioner Frances without a court order
and stole everything she had. The stolen property is
worth more than what she owes the lender. Petitioner
paid real estate taxes from 2006 thru 2013. Can
Petitioner Frances own 235 S Hale Addison II 60101
free from cloud in title in pursuant to 735 ILCS 5/13109 ~ the law of adverse possession claims with color of
title?
Where the banks separated the mortgage and the note via securitization and sold the mortgage to numerous investors who did not pay real estate taxes, can the homeowner remove cloud of title and own the real estate mortgage(deed)?