ONLY A “SECURED CREDITOR” May Conduct A Non-Judicial Foreclosure In Georgia

Friends & Colleagues,

One of the MAJOR attack strategies we have lawyers executing in the state of Georgia is that ONLY A “SECURED” CREDITOR may advertise and conduct a “non-judicial” foreclosure.  You will see not only our logic, but one of the lending industry’s top lawyers who used to be partners and of counsel to the Shapiro group in Georgia AGREE WITH ME AND IN HIS WORDS, SAYS ONE DAY MERS IS GOING TO HAVE A BIG SURPRISE IN THE GA SUPREME CT OR 11TH CIRCUIT!!!

I will get to the evidence, his comments etc… in a moment.  But, for this moment, we all know that MERS is NEVER a creditor, let alone a “secured creditor.”  Next, we know a servicer or subservicer is not a secured creditor.  As such A PARTY “HOLDING” THE NOTE FOR “ENFORCEMENT” may be able to “enforce” via a “judicial foreclosure stating the agency relationship, BUT IT CANNOT ADVERTISE OR CONDUCT A “NON-JUDICIAL” foreclosure sale and ALL the foreclosures that have been conducted in MERS’ name ONLY are subject to being voided.

Next, besides challenging the fact that they are a “creditor” by evidence, you must challenge their “secured” status and make sure that all assignments in the chain are present and properly executed and dated per the PSA and offering documents or governing master agreement between the sellers and purchasers.  Challenge the perfection of the lien interests.  Challenge “holder in due course” status and make claims for appraisal and mortgage fraud against the originators.  Challenge EVERYTHING since we know they lie and especially if you have evidence from MERS and the Fannie and Freddie websites that they are the lender.

Since Fannie and Freddie allow and dictate to the servicer that they foreclose in THEIR NAMES, that is prima facie evidence THAT THE PARTY CONDUCTING THE NON-JUDICIAL FORECLOSURE IS NOT THE SECURED CREDITOR AND MAY NOT BRING FORTH THE ACTION NON-JUDICIALLY!

Fannie Mae in recent announcements also prohibits MERS from foreclosing in its name anymore.  So, what about all the prior foreclosure actions in MERS’ name and the lies and frauds there?

As for the evidence please take note of the following facts and information I have researched…

Hugh Wood is a Licensed Attorney in Atlanta, GA who seems to be not only well-educated, but well-versed in the foreclosure laws in the state of Georgia.  His stated areas of expertise include: Real Estate Litigation, Foreclosure Litigation (Lender), Lender Defense, Condemnation Litigation, and Complex Civil Litigation.  His email addy is hwood@woodandmeredith.com.  His firm maintains an AV rating from Martindale-Hubbell.  He has an LL.M., in Litigation, Emory University, Atlanta, Georgia, 1986; a J.D., University of Alabama, Tuscaloosa, Alabama, 1983; and a B.S.B.A., (Marketing/Finance) Auburn University, Auburn, Alabama, 1980, (with honors).

His representative client list is like a Who’s Who of bankers and mortgage clients and includes JPMorganChase, Bank of America, GE, Fannie Mae, WAMU, Countrywide, Fleet, SunTrust, Wells Fargo etc… (http://www.woodandmeredith.com/attorneys/hwood.html )

In short, someone who seems to represent virtually every major bank in his region.  However, what is peculiar about this situation is that he used to work with and be of counsel to the “Shapiro” LOGS partner/group in Atlanta called Shapiro & Swertfeger.

Attorney Wood also runs a nice blog located at http://hughwood.blogspot.com/.  In a blog post dated 2/24/09, Mr. Wood listed GA’s laws on non-judicial foreclosures and comments and responses to GA’s non-judicial foreclosure laws in a piece titled “Georgia’s Non-Judicial Forelosure Statutes :: Just the Nuts and Bolts”  This blog post is located here… http://hughwood.blogspot.com/2009/02/georgias-non-judicial-forelosure.html

The pertinent section of the statute (they are all listed on the blog site) is OCGA § 44-14-162.

OCGA § 44-14-162. Sales Made On Foreclosure Under Power Of Sale — Manner Of Advertisement And Conduct Necessary For Validity.

(a) No sale of real estate under powers contained in mortgages, deeds, or other lien contracts shall be valid unless the sale shall be advertised and conducted at the time and place and in the usual manner of the sheriff’s sales in the county in which such real estate or a part thereof is located AND unless notice of the sale shall have been given as required by Code Section 44-14-162.2. If the advertisement contains the street address, city, and ZIP Code of the property, such information shall be clearly set out in bold type. In addition to any other matter required to be included in the advertisement of the sale, if the property encumbered by the mortgage, security deed, or lien contract has been transferred or conveyed by the original debtor to a new owner and an assumption by the new owner of the debt secured by said mortgage, security deed, or lien contract has been approved in writing by the secured creditor, then the advertisement should also include a recital of the fact of such transfer or conveyance and the name of the new owner, as long as information regarding any such assumption is readily discernable by the foreclosing creditor. Failure to include such a recital in the advertisement, however, shall not invalidate an otherwise valid foreclosure sale.

(b) The security instrument or assignment thereof vesting the secured creditor with title to the security instrument shall be filed prior to the time of sale in the office of the clerk of the superior court of the county in which the real property is located.
History. Amended by 2008 Ga. Laws 576, OCGA § 1, eff. 5/13/2008.
Amended by 2001 Ga. Laws 266, OCGA § 1, eff. 7/1/2001.

NOW, THE KEY COMES IN THE FOLLOWING SECTION OF THE STATUTE….

OCGA § 44-14-162.2. Sales Made On Foreclosure Under Power Of Sale — Mailing Of Notice To Debtor — Procedure For Mailing Notice.

(a) Notice of the initiation of proceedings to exercise a power of sale in a mortgage, security deed, or other lien contract shall be given to the debtor by the secured creditor no later than 30 days before the date of the proposed foreclosure. Such notice shall be in writing, shall include the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor, and shall be sent by registered or certified mail or statutory overnight delivery, return receipt requested, to the property address or to such other address as the debtor may designate by written notice to the secured creditor. The notice required by this Code section shall be deemed given on the official postmark day or day on which it is received for delivery by a commercial delivery firm. Nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument.

(b) The notice required by subsection (a) of this Code section shall be given by mailing or delivering to the debtor a copy of the notice of sale to be submitted to the publisher.
History. Amended by 2008 Ga. Laws 576, OCGA § 2, eff. 5/13/2008.
Amended by 2001 Ga. Laws 370, OCGA § 6, eff. 7/1/2001.

In very simple terms and black letter law, ONLY THE  OR “A” SECURED CREDITOR HAS A RIGHT to conduct a non-judicial foreclosure sale in the state of Georgia.  NEXT, for the notice to be valid, they must supply you a name of the individual or entity that has FULL authority, NOT LIMITED PRE-GRANTED AUTHORITY, to 1) NEGOTIATE, 2) AMEND, 3) OR MODIFY the terms of a mortgage instrument.

This includes things in the mortgage instrument such as assumption agreements, property transfers, notice clauses etc…

As such, Fannie Mae and Freddie Mac, not the servicer, must be that entity.  When Fannie and Freddie grant “limited” “pre-canned” authorities, it cannot shirk its FULL duties and responsibilities onto the servicer, MERS, or other claimed holder.  As for secured creditor, a complete and extensive discovery plan, forensic audit, and depositions must be conducted to make the party advertising the foreclosure sale to be the “secured creditor.”  If not, they don’t even get to the starting line and blocks to take off when the gun goes off.  If they don’t have the relay baton in their hands at the starting line, they don’t get into the race to later hand off the baton to another partner.  This is why chain of title, assignments, possession of notes, indorsement of note are ALL equally important.  You need to box them into a corner where their lies are exposed to the world to see.

As to the validity of my argument, let’s examine what the well-educated lender’s lawyer, Mr. Wood, opines on the matter when a reader of his blog questions him about MERS and a servicer being a “secured creditor” that is the only party enabled to, in my opinion and that of Mr. Wood, are the ONLY parties in Georgia to non-judicially foreclose by the Power of Sale in the deed/mortgage.

What do you consider the definition of “secured creditor” is in § 44-14-162.

Is a servicer a secured creditor?

Is M.E.R.S a secured creditor?

Thanks for your insight!

March 19, 2009 5:29 PM

Anonymous said…

I meant § 44-14-162.2

March 19, 2009 5:31 PM

Hugh Wood said…

If I understand your question, and I may not (seriously), the “lender,” would be the Secured Creditor. Technically (hypertechnically) only the Lender has the right to bring the foreclosure action; it may be the lender by sale, etc. For example, say, Citibank funds at closing; later they sell the loan to Wells Fargo who later sells it to Countrywide and it goes into complete default when Countrywide is the Owner. Assume Aurora Loan Servicing or someone services the loan for Countrywide. Who is the “secured party?” Well Aurora has a power of attorney to bring the action and MERS, if they are in the picture, stand around holding a nominee assignment, but the secured party should be Countywide. Assuming the sale and assignment transfer is complete between Citi, then Wells Fargo then Countrywide, only Countrywide would be authorized to foreclose. Under the hypo you pose, neither Citi, nor WF, nor Aurora nor MERS could list in their own name (and yes my answer is contrary to the industry standard of MERS listing in its own name). One of these days MERS is going to get badly burned by the Georgia Supreme Court or the 11th Cir Court of Appeals for lack of standing. But, hey time and new legislation, may change the landscape on this/these issues.

Here is this attorney for the very lenders he represents agreeing with my position.  HE’S RIGHT AND THE INDUSTRY IS WRONG.  Why, I ask, do they continue this fraud?  For one good reason, I believe…  If they were to change the practice now, they would be admitting that ALL OF THE PRIOR FORECLOSURES were unlawful and those foreclosures voidable and title to those foreclosed properties certainly clouded.  It’s a risk/benefit analysis conducted as to which is the greater evil, the borrower exerting claims now (few do and few have competent counsel and resources to do) or opening up a payload of title insurance claims and quiet title actions?

However, we’re not done with Attorney Wood’s blog post as yet, since there several relevant comments both he and some “anonymous” commentators have on MERS, standing and that ALL TRANSFERS (assignments) MUST BE IN WRITING (including intervening assignments) and that exemptions to recording only goes to certain lenders, NOT MERS nor SPVs that are not exempt from recording…

March 20, 2009 1:49 PM

Anonymous said…

Hugh:

I agree with your analysis and I respect your opinion.

I also believe sooner rather than later MERS will be challenged for lack of standing.

March 23, 2009 6:51 PM

Anonymous said…

In a MERS loan, MERS is specifically named as the “grantee” under the Security Deed. I would think the specifically-denominated “grantee” of a recorded instrument in Georgia most certainly has requisite standing to exercise foreclosure rights under that instrument. The plaintiff’s bar may have drunk the Kool-Aid on this one…

March 24, 2009 12:51 PM

Anonymous said…

Interesting…I respectfully disagree.

As far as I know MERS is not a lender and has never loaned a penny.

How can MERS allege the note to be in default? The MERS process works rather smoothly due to our non-judicial state.

However once challenged in a courtroom the MERS system can be appropriately dissected.

The Supreme Court of Arkansas just ruled last week on this issue against MERS.

March 24, 2009 3:59 PM

Anonymous said…

Not sure I’d trust the creator of this blog…it’s not “forelosure”…gotta spell it right first before claiming to know what it is.

April 8, 2009 2:36 PM

Michael said…

Hugh:

Are you familiar with the following code section?

§ 44-14-64. Transfers of deeds to secure debt

(a) All transfers of deeds to secure debt shall be in writing; shall be signed by the grantee or, if the deed has been previously transferred, by the last transferee; and shall be witnessed as required for deeds.

Does this not fly in the face of the MERS Paperless System?

There are exemptions for true creditors and loan servicers, however these would not apply to MERS.

April 14, 2009 7:01 PM

Hugh Wood said…

In Response to Michael: I hear you, but how do you overcome the language in the same statute? “Failure to comply with this provision shall not be a defense to any foreclosure or grounds to set aside any foreclosure of any deed to secure debt.”

And, how do you overcome the exceptions to transfer spelled out at OCGA Sec. 44-14-64(d)(1)-(3)?

April 14, 2009 10:52 PM

Michael said…

Hugh:

§ 44-14-64. Transfers of deeds to secure debt

(g) A transfer of a deed to secure debt shall not be recorded unless it includes the mailing address of the last transferee thereof. Failure to comply with this provision shall not be a defense to any foreclosure or grounds to set aside any foreclosure of any deed to secure debt.

My reading of section G leads me to believe the language “Failure to comply with this provision shall not be a defense to any foreclosure or grounds to set aside any foreclosure of any deed to secure debt” is only applicable to section G.

And, how do you overcome the exceptions to transfer spelled out at OCGA Sec. 44-14-64(d)(1)-(3)?

The relevant section reads ” by a financial institution having deposits insured by an agency of the federal government or a transfer by a lender who regularly purchases or services residential real estate loans aggregating a minimum of $1 million secured by a first deed to secure debt encumbering real estate improved or to be improved by the construction thereon of one to four family dwelling units, where the transferor retains the right to service or supervise the servicing of the deed or interest therein, need not be recorded if:”

So to qualify for the exemption one must satisfy one of the two requirements below.

1. Have deposits insured by a agency of the Federal Government

2. lender who regularly purchases or services residential real estate loans aggregating a minimum of $1 million secured by a first deed to secure debt.

Judicial estoppel would prevent MERS from pleading they are a lender or servicer and MERS certainly does not have deposits insured by a Federal Agency.

Therefore MERS is required to record every transfer on their paperless system that is between entities that do not qualify for the exemptions previously stated.

If my theory is correct then most if not all MERS Security Deeds are lacking an assignment or two that is not recorded in violation of the statute and the last recorded MERS assignment has the legal effect of transferring nothing.

What do you think?

April 18, 2009 4:53 PM

joyful said…

Joyful
Home 123 funded (2yrs ago)MERS is nominee/mortgagee. later we are paying New Century and then later the service is transfer to America’s servicing. 1 month ago MERS(as assignor) assigns the mortgage to Bank National Trust as Indenture trustee for New Century(bankrupt, subprime).
Who is the party of interest. I am kind of confused.Help

May 17, 2009 3:16 PM

Hugh Wood said…

To Joyful: Good Question. I happen to know from private litigation that New Century has sold/auctioned (whatever) all of its Georgia Properties and those properties are no longer subject to the Stay in Bankruptcy in Delaware. B/c GA does not have a place to challenge the Real Party in Interest, you will either have to file suit first (a very expensive proposition) or suffer the consequenses. Even in the prefiling the parties can’t show they are current. If you go into BK, you may be able to raise the issue in opposition to a Lift the Stay Motion. HCW

I’d like to thank attorney Wood for his candor and honesty in light of his position and representation of many banks who extoll contradictory arguments that fly in the face of the black letter law promulgated by the GA statutes.  Perhaps, that is why at the very last paragraph of his legal disclaimer found at http://webcache.googleusercontent.com/search?q=cache:6_xIOayE6_UJ:www.woodandmeredith.com/terms.html+%22Hugh+Wood%22+%22Shapiro+%26+Swertfeger%22&cd=2&hl=en&ct=clnk&gl=us Wood states:

“Wood & Meredith, LLP, Hugh C. Wood, LLC, Hugh C. Wood, Esquire, ceased and terminated any legal affiliation with Shapiro & Swertfeger, Swertfeger & Scott, PC, Swertfeger & Wood, L. Jack Swertfeger, Jr., in any corporate or legal capacity in 2004”

It shows that some lender bar lawyers do find religion, the law, and some ethics along the way!

Nye Lavalle
Pew Mortgage Institute
mortgagefrauds@aol.com

© 2010 Nye Lavalle  (Permission to Freely Publish With Proper Attribution)

~

4closureFraud.org



Comments
5 Responses to “ONLY A “SECURED CREDITOR” May Conduct A Non-Judicial Foreclosure In Georgia”
  1. James Anthony Golff says:

    Methamphetamine couldn’t possibly have anything to do with this could it? Nah, of course not.

  2. Ruth says:

    Dear Carl,

    I listened to the you tube recording and I was flabbergasted! I have been frequenting this site. I appreciate your response! My husband and I are unemployed at present (thus the reason for seeking a loan mod, which started this whole mess!)

    We are Pro Se, but we have good advice (a former judge; an attorney who is a friend of my father; and a few other Pro Se-ers who have been in our shoes; a court clerk; a few bankers; and many others who wish to remain anonymous). We see that we could be getting in “over our heads” and time is of the essence. At this time, we have utilized all the cash we had on hand to get us this far, and now we have zero financial resources (on unemployment, food stamps…and soon to be on cash aid). Is there any way you could help us on a contingency basis? We have been told we have a very solid case, so winning would be easy….if we had help. I want to give you some details so that you can determine whether or not our case has a good chance of success. Please bear with me.

    We paid CASH for our home in 2005 and owed nothing on our home. We decided to take out a “equity” loan in 2007 to make home improvements, pay off a few bills, and make an investment that would enable us to pay off the loan in a few years. We know now, but did not know then, that our loan was riddled with major flaws (including TILA, HOEPA, RESPA, not present at closing, no copy of allonge in its present form sent to us, to name a few). Little did we know that the investment we had made with some of the loan money would fall through and we would not be be able to “stay afloat”, and that our income would diminish to the point we would not be able to keep up on the loan payments! We heard about Obama’s “Making Home Affordable” Plan, so we contacted our loan servicer to apply for a loan mod. They told us they would not be able to help us unless we were in “default”. They said that any missed payments would not count as missed, but would be “deferred” payments calculated into the new loan/loan mod, so not to worry about the risk of foreclosure. We applied, and the long, drawn out loan mod process took more than 90 days (sufficient for them to collect the insurance). They then told us we were in serious default, and that if we did not pay all the missed payments plus all the late fees and other fees, they would have “no choice” but to start foreclosure proceedings. Of course, we could not come up with the almost $8k! We made payment arrangements to make 1 full mortgage payment toward the end of Jan 2010, and the rest would be due by the end of Feb. We made a payment in Jan, but on Feb 19, they filed a Notice of Default with the County. Mind you, they had not even filed a Assignment of DOT or a Sub. of Trustee yet! We made many phone calls trying to get an attorney to represent us Pro Bono or on a contingency basis, but to no avail. Finally, we got the Notice of Trustee’s Sale. Desperate, we filed both an Ex Parte application for a TRO AND a Complaint to try to stop the Trustee’s Sale. Our Ex Parte hearing was the very day before the Sale, but the judge denied it because (1) we were Pro Se, (2) he did not like a “word” we used in the complaint, and (3) he did not think we could post the ‘bond’ that would have been required for the TRO (we did not know we could have requested a waiver of the bond due to our income, or lack of “harm” to the Defendants). The judge denied us due process and did not allow us to state our reasons for the TRO. He was also rude and prejudiced. We left the courtroom and immediately requested the transcripts. Needless to say, the property “reverted” back to the “supposed Trustee” the very next day. IMPORTANT NOTE: the transcripts took 3 weeks to get back due to the court reporter “going on vacation” for 3 weeks beginning the day of our hearing (who leaves for a 3-week vacation on a Monday?). When we finally got the transcripts, they were grossly altered! Within that 3 week time frame, an attorney called us from a town less than a hour’s drive from the courthouse, and notified us that he was in the process of being retained by our first-named defendant. We did a bit of (legal) sleuthing, and found that his partner has the same last name as the judge. We looked into it further and found links between the judge and a real estate profiting situation (we suspect it to be similar to racketeering or money laundering). The weak link in this chain is the attorney who is now representing 3 of the 5 defendants in our case (MERS, US Bank, and Specialized Loan Servicing). Not long after the Sale of our home to US Bank, they filed a UD in a different court (same county, though), and represented by a different attorney (a Professor of Columbia Law School). We wondered why the “over-kill” and why not use the same attorney that they already had retained). All of this sounds too fishy and suspicious.

    The bottom line is this: Would you be willing to take our case on a contingency basis because we know our case is most definitely “win-able”??? We would be most appreciative! We know that if this case is won, there would be more than enough to pay for the help you could give us. The problem is that we need HELP NOW or we may lose! If you could help us now, and track the pool our loan is in, plus help us to do what you outlined in the email you sent me, we would be able to win. All I can ask of you is to please consider helping us!

    Please email me ASAP and I will give you my phone number so we can talk if you wish.

    We thank you in advance for your consideration!

    Sincerely,

    ~Ruth

  3. Ruth says:

    What about non-judicial foreclosures in California? Help!

    We are PRO SE PLAINTIFFS in our civil case, but also PRO SE DEFENDANTS in a Unlawful Detainer case with the same bank in each case! We have MERS as a defendant, and another bank (U.S. Bank National Association) other than the original lender (Quality Home Loans) has stepped into the “race” (per the Trustee’s sale) as you wisely put it, and is pretending to carry the (fake) baton to the finish line. They have filed an Unlawful Detainer (even though it has yet to be determined in our open civil case) to evict us from our home. A little birdie (an unwise attorney for 3 of our 5 defendants, MERS, US Bank, and Specialized Loan Servicing, that has called us several times to “ask questions” , but only succeeds in giving us “hints” as to their plans against us), has let on that US Bank, a defendant in our civil case and the plaintiff in the UD case, is going to be filing very soon Summary Judgments in EACH case! Since US Bank NA is not a real party in interest or is not a “secured creditor”, we need to prove they are incapable legally to bring a Motion for Summary Judgment in EITHER case!

    HELP US! We need some help with this!

    Sincerely,
    ~Ruth D.~
    Kern County, California
    Civil case filed 6-11-10
    UD case filed 7-21-10

    • Carl says:

      Ruth,
      Force the issue of standing thru discovery. Acquire the original P.Note, allonge, name and contact information of the PNote Document Custodian. If the moving party bank has a SEC registration number after their name like Trustee for JP Morgan – and Certificate Holder HE1-0000, Search the loan pool thru the SEC registration to determine if the loan actually exist in the pool identified and registered with the SEC. Really press for discovery responses and then file a complaint with the regulator of the bank claiming everything you can think of including fraud, don’ forget the request for special investigation. Next get a copy of the regulators inquiry letter to the bank via FOIA request. Chances are the bank knows nothing about the foreclosure. The Pnote/debt may have been purchased by the law firm your fighting. When you finished playing with the banksters and thier lying lawers, send them a cancellation notice H8. Record it… Then get a payoff amount, record and then send them the new PNote. Give it the true new name that reflects the true transaction.. Are you not the Primary Lender?, is the bank not the Primary Borrower? Title….the Pomissory Note with you as the Primary Lender/Grantor and the bank as the Primary Borrower/Grantee. Read between the last lines – the new note will no longer say “Borrower’s Promise to Pay” Record the new note then send it to the bank. Next provide then bank with a ten day Notice of Intent to Discharge. On day 11 Discharge that puppy! Case closed.. Let them come back ang undo that! see ucc-601, 602, 603, 604.
      Good luck.. Email me if you have any questions. See web site. http://www.ForeclosureForensics.com and listen to http://www.youtube.com Foreclosure Forensics

      • Ruth says:

        Dear Carl,

        I listened to the you tube recording and I was flabbergasted! I have been frequenting this site. I appreciate your response! My husband and I are unemployed at present (thus the reason for seeking a loan mod, which started this whole mess!)

        We are Pro Se, but we have good advice (a former judge; an attorney who is a friend of my father; and a few other Pro Se-ers who have been in our shoes; a court clerk; a few bankers; and many others who wish to remain anonymous). We see that we could be getting in “over our heads” and time is of the essence. At this time, we have utilized all the cash we had on hand to get us this far, and now we have zero financial resources (on unemployment, food stamps…and soon to be on cash aid). Is there any way you could help us on a contingency basis? We have been told we have a very solid case, so winning would be easy….if we had help. I want to give you some details so that you can determine whether or not our case has a good chance of success. Please bear with me.

        We paid CASH for our home in 2005 and owed nothing on our home. We decided to take out a “equity” loan in 2007 to make home improvements, pay off a few bills, and make an investment that would enable us to pay off the loan in a few years. We know now, but did not know then, that our loan was riddled with major flaws (including TILA, HOEPA, RESPA, not present at closing, no copy of allonge in its present form sent to us, to name a few). Little did we know that the investment we had made with some of the loan money would fall through and we would not be be able to “stay afloat”, and that our income would diminish to the point we would not be able to keep up on the loan payments! We heard about Obama’s “Making Home Affordable” Plan, so we contacted our loan servicer to apply for a loan mod. They told us they would not be able to help us unless we were in “default”. They said that any missed payments would not count as missed, but would be “deferred” payments calculated into the new loan/loan mod, so not to worry about the risk of foreclosure. We applied, and the long, drawn out loan mod process took more than 90 days (sufficient for them to collect the insurance). They then told us we were in serious default, and that if we did not pay all the missed payments plus all the late fees and other fees, they would have “no choice” but to start foreclosure proceedings. Of course, we could not come up with the almost $8k! We made payment arrangements to make 1 full mortgage payment toward the end of Jan 2010, and the rest would be due by the end of Feb. We made a payment in Jan, but on Feb 19, they filed a Notice of Default with the County. Mind you, they had not even filed a Assignment of DOT or a Sub. of Trustee yet! We made many phone calls trying to get an attorney to represent us Pro Bono or on a contingency basis, but to no avail. Finally, we got the Notice of Trustee’s Sale. Desperate, we filed both an Ex Parte application for a TRO AND a Complaint to try to stop the Trustee’s Sale. Our Ex Parte hearing was the very day before the Sale, but the judge denied it because (1) we were Pro Se, (2) he did not like a “word” we used in the complaint, and (3) he did not think we could post the ‘bond’ that would have been required for the TRO (we did not know we could have requested a waiver of the bond due to our income, or lack of “harm” to the Defendants). The judge denied us due process and did not allow us to state our reasons for the TRO. He was also rude and prejudiced. We left the courtroom and immediately requested the transcripts. Needless to say, the property “reverted” back to the “supposed Trustee” the very next day. IMPORTANT NOTE: the transcripts took 3 weeks to get back due to the court reporter “going on vacation” for 3 weeks beginning the day of our hearing (who leaves for a 3-week vacation on a Monday?). When we finally got the transcripts, they were grossly altered! Within that 3 week time frame, an attorney called us from a town less than a hour’s drive from the courthouse, and notified us that he was in the process of being retained by our first-named defendant. We did a bit of (legal) sleuthing, and found that his partner has the same last name as the judge. We looked into it further and found links between the judge and a real estate profiting situation (we suspect it to be similar to racketeering or money laundering). The weak link in this chain is the attorney who is now representing 3 of the 5 defendants in our case (MERS, US Bank, and Specialized Loan Servicing). Not long after the Sale of our home to US Bank, they filed a UD in a different court (same county, though), and represented by a different attorney (a Professor of Columbia Law School). We wondered why the “over-kill” and why not use the same attorney that they already had retained). All of this sounds too fishy and suspicious.

        The bottom line is this: Would you be willing to take our case on a contingency basis because we know our case is most definitely “win-able”??? We would be most appreciative! We know that if this case is won, there would be more than enough to pay for the help you could give us. The problem is that we need HELP NOW or we may lose! If you could help us now, and track the pool our loan is in, plus help us to do what you outlined in the email you sent me, we would be able to win. All I can ask of you is to please consider helping us!

        Please email me ASAP and I will give you my phone number so we can talk if you wish.

        We thank you in advance for your consideration!

        Sincerely,

        ~Ruth DeAmicis~

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