Consumer complaint received 2018-06-26
Company: Phelan Hallinan Diamond & Jones, PC
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I will get back my property for which I am 1000000 % confident. I want to record with your office the barbaric act of vandalism, criminal trespassing inside my property and theft so in the future there would be no dispute in the criminal courts. I want to make sure that the criminal activity of all people and companys mention above will be recorded. Once this case is over the entire abuse will go to Federal Court and we restart from the beginning. I am glad that this happened since those people, companies and lawyer which used forge documents IN ORDER TO OBTAIN A FRAUDULENT DECISION will be expose. No lying lawyer or Judge are  above law see the case with the Judge from XXXX that got 28 years sentencing. What is the difference between a mortgage and a Promissory Note? Homebuyers sometimes think of the mortgage ( or deed of trust ) as the contract they are signing with the bank to borrow money to purchase a house, but it is the promissory note that contains the promise to repay the amount borrowed. A mortgage note ( also known as a real estate lien note, borrower 's note ) is a promissory note secured by a specified mortgage loan. Mortgage notes are a written promise to repay a specified sum of money plus interest at a specified rate and length of time to fulfill the promise. The mortgage note states the amount of debt and the rate of interest, and obligates the borrower, who signs the note, personally responsible for repayment. Without a promissory note, a foreclosing plaintiff can not show a legal injury, i.e., does not have standing to sue. Without standing, the action before the court does not qualify as a " case or controversy '' under Article III of the constitution. Courts can only make rulings on " cases or controversies ; '' advisory opinions are a legal nullity. Consequently, a court that purports to enter a " judgment '' where it has no subject matter jurisdiction has in fact entered a legal nullity on its docket ; that " judgment '' is void as a matter of law. As such, any such " judgment '' entered where the plaintiff had no standing is open to collateral attack in any subsequent proceeding. What is more, subject matter jurisdiction can not be waived ; were that the case, parties could falsely induce courts to make binding rulings -- obviously non-sensical. In essence, the ruling upheld that those who had purchased foreclosure properties that had been illegally foreclosed upon did not in fact have title to those properties. As mention many times soon I will get back my property and soon will start my criminal case against everybody that defrauded my property and must pay {$260000.00} very fast. How can you allow looting, vandalism, theft and criminal activity inside a property and the case is in Courts????? The people involved in this horrible theft and vandalism knew about these laws and acted secretly so they could defraud me without any problems. I want your office to notice the following facts : 1 ) Hideout is a close in community with gate and security guard at all gates. 
2 ) the Deed was transferred temporary to XXXX XXXX on a fraudulent and illegal top secret close door. 
3 ) until I get back my Deed I do not can not have access at the Gate even if today I pay all my utilities. 
4 ) Since my case is at the Supreme Court, I will let the Court return my property with a legal decision. 
5 ) It is time to stop those top secret closed door activity in XXXX County NOW. ITEMIZED LIST OF ITEMS OF STOLEN PRIVATE PROPERTY ( I DO NOT HAVE MORTGAGE ) 1 ) Main floor bedroom furniture includes bed mattress table two chairs total value {$750.00} 2 ) Main bedroom clothes and entry closet value {$6900.00} 3 ) Main floor living room : refrigerator, dishwasher machine, stove, microwave, value {$2600.00} 4 ) Main floor XXXX vitrine as well as dinner table chest value {$6600.00} 5 ) Main floor XXXX large flat TV, video recorder, video player 800 DVD value {$5800.00} 6 ) Main floor fireplace accessory other decoration tools, accessory value {$4600.00} 7 ) Main floor XXXX XXXX and ( 12 people ) dinnerware XXXX decoration value {$4800.00} 8 ) Main floor Washer and dryer plus bathrooms items value {$1700.00} 9 ) Main floor window treatments and decorations value {$2500.00} 10 ) Main floor lamps decoration, XXXX fan, tablecloths others value {$5500.00} 11 ) Main  floor very exclusive plate decoration value {$4800.00} 12 ) Main floor porch garden tools furniture grill other value {$5700.00} 13 ) Basement 2 bicycles golf four full sets, bar ; winter sports items value {$5400.00} 14 ) Basement Antique fireplace decoration from XXXX value {$12000.00} 15 ) Basement antique items and decoration items in window and vitrine value {$6800.00} 16 ) Basement books, boiler, XXXX bar, air condition, others value {$6900.00} 17 ) Second-floor Bamboos bedroom two furniture XXXX TV chairs value {$3900.00} 18 ) Second-floor books in the bedroom closet other items value {$4600.00} 19 ) The second floor in second bedroom clothes including 20 suits value {$7800.00} 20 ) Second-floor bedroom # 2 cloth including suits coats pullovers value {$4900.00} 21 ) Second-floor Livingroom sofa, TV, Karaoke DVD VHS CASSETTES MUSIC value {$12000.00} 22 ) Second-floor Livingroom Bamboo chest with 20 pullovers decoration value {$5800.00} 23 ) Second-floor wall decorations and memorabilia value {$18000.00} 24 ) Main entry furniture decorations other items inside the house value {$1500.00} 25 ) Garden tools and small shed value {$1600.00} 26 ) 24 garden large pine trees value {$22000.00} 27 ) Two large decoration deck trees value {$900.00} Total {$160000.00} There is another {$74000.00} on the stolen property for which I have all Photo Total damages is now {$240000.00} plus {$23000.00} for a GRAND TOTAL of {$260000.00} Thank you XXXX XXXX

Company response to consumer: Closed with explanation