Kenton Kentucky Court Order – Foreclosure Complaints Must be Accompanied by Note and Recorded Mortgage with ALL Allonges, Endorsements, and Assignments

Kenton County’s order will have a wide ranging impact on mortgage servicing clients, including timelines relating to the filing of first legal action in Kenton County, with many other counties throughout the Commonwealth expected to follow suit.

The order requires all foreclosure complaints in Kenton County to be accompanied by an affidavit certifying that the plaintiff is the owner and holder of the note and mortgage and identifying the plaintiff as the original holder or an assignee, trustee, or successor in interest of the original holder.

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4closureFraud.org


I sure could use some…

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Kenton Kentucky Foreclosure Order

List of all who was sent the order from the court

Kenton Kentucky Recipient List

 

Comments
11 Responses to “Kenton Kentucky Court Order – Foreclosure Complaints Must be Accompanied by Note and Recorded Mortgage with ALL Allonges, Endorsements, and Assignments”
  1. Amp_Husky says:

    Since this order was issued there has been no foreclosures filed in Kenton county by Bank of America. We are now into April of 2011.

  2. PJ Hodes says:

    When I took out my mortgage with Freemont Mortgage it was later sold to ASC American Servicing which by the was is owned by Wells Fargo. It also was a MEARS where it floated between investors. My Mother lived with me after my brothers stole everything my parents had and also had an estate sale and sold off everything and put them in a Nursing home to die. My Father died with no DNR when he needed one. My Mother pleaded with me at the funeral to get her out as she was a diabetic and close to needing dialysis and they had written that she could not have dialysis or DNR and she was scared. So my husband who was already on dialysis and I got her out and brought her to live with us. October 2006 Medicare stopped paying for one of her life saving medications so I called ASC and asked for help. They said they would put the mtg. pmt. at the end for that month and if I needed to do it for Nov, just to call they were very nice, and I was quite surprised. I did need it for Nov. so I called and they were fine with it. December rolled around and I called to tell them that Medicare was going to pay for her meds so I could continue my payments. Unfortunately, the Investor that it landed on that month, said “NO” we are going to foreclose. When they filed, they filed incorrectly, and I objected, and it was DENIED. It made the attorney have to do additional work to get the paperwork brought up to date, so she gave the new mortgage company through the title company the figures as if they had won the foreclosure all the fees included. When the Notary came to the house for us to sign the papers on the first of September, we refused to sign them with the incorrect amounts of an additional almost $20,000 added to the $74,250. of the original mortgage. The Notary came back the following week on September 7th with the same papers dated September 7, and the broker insisted that it would be corrected by the attorneys, but that we must get it signed quickly or they were going back to court and it would cost us more. She said we would only be with this mortgage for 6 months and then she would roll it into a 30 year fixed mortgage. Come to find out it was all a lie. This was just another sub prime of Wells Fargo by the name of Option One Mortgage Corporation. I sent the attorney letters about the fees. She ignored them, I faxed her letters she answered them, but said I should not have challenged the foreclosure and it would not have cost so much. I told her that it was denied, so she had no right charging any attorney fees. She didn’t bother to answer after I told her I would sue her in small claims court as the judge said I could. According to the California Attorney General’s Office Option One Mortgage Corporation had to get rid of all their mortgages by August 8th of 2008 They had filed foreclosure on us February 2, 2008 after they refused to give us a payoff in October of 2007 just before my Mother died which was half of the household income and she was half owner of the home. Our Intention was to do a Reverse Mortgage. But they said “NO” you can’t do a Reverse mortgage and we will not give you a payoff. I faxed them all the permission and the Broker information, we were ready to close, but they flatly refused to give us a payoff. That is when they filed the Foreclosure. I could not afford the November payment as half the household Income was gone when Mother died. We only had this mortgage a year and they still hadn’t corrected the amount of the mortgage. I went on the Internet to find reasons to cancel a mortgage and found that when they don’t offer a three day right to cancel it turns into three years. I pulled out the paperwork, and no three day right to cancel. According to the law, I sent them from the Internet a letter both by fax and in letter to all the known addresses that I had and to all the fax numbers that I had for them including the attorneys offices. I did not receive anything back, nor did I receive any acknowledgment. I know they received it, as I called the attorney’s office and I spoke to one of the female attorney’s and she said it didn’t apply in this case, but nice try. I don’t remember her name. August of 2008 according to their records they became one with American Home Mortgage Servicing as I did receive a notice with both names on it. That was all I received except harassing phone calls both on my home phone and my cell phone at all hours of the day and night. I kept up my taxes, but they did try to pay them, but it was sent back to them according to the tax collector. American Home Mortgage Servicing Is in Bankruptcy and is not allowed to redo or offer new mortgages. The Attorney Generals Office here in Florida didn’t even investigate Option One’s situation just said I had a mortgage with American Home Mortgage and they are willing to redo your mortgage. Firstly, the balance of $94,250 is wrong and they say I am $36,000 behind. That adds up to over $130,250.00 my mortgage when I canceled it was only $74,250.00. and I could do my reverse Mortgage with a value of $157,000.00 if they had given me a payoff. Since they didn’t and refused to give me a payoff it is their fault, not mine. Plus the original balance of $94,250.00 is bogus with attorney fees and additional fees that should not have been there. That is the reason for TILA and the cancellation of the mortgage back to the $74,250. Last month our town received the “BLOCK GRANT” and I qualify for it. My home is only 1,100 square foot and needs a lot of work to bring it up to HUD standards. I won’t be able to get this grant if my title isn’t cleared up of this foreclosure. My taxes are paid and there are no liens. Clearing this title will allow me to have heat this winter. My roof leaks and weatherization sealed all my windows shut. I am alone now since my husband also passed away November 17, 2008. He had open heart surgery, which he made it through, but came down with Calciphylaxis a very rare disease. You can learn all about it on my we bite that I started in his name: http://www.RonaldCHodesFoundation.com I hope we can save lives but telling others about this rare disease that Ron died from. It took them 5 weeks to diagnose him. It was too late for him. Please help me save my home. It is all I have left, and I too am disabled, and I don’t want to be homeless.

  3. hogwash says:

    I’m confused- I do not recall my lender ever disclosing to me that they were going to “securitize” my promissory note by bundling it with other notes. I also do not recall them telling me that my signature is what monetized that “negotiable instrument” -as a matter of fact they never told me that it was a negotiable instrument and would be sold several times to domestic and foreign investors. btw-did they loan me money or credit? Is it possible that my signature created it and they loaned me my own credit with interest? Isn’t “true consideration” and “full disclosure” 2 major factors in a legal contract? I thought banks by federal law could not loan credit and are also not allowed to loan theirs or their depositors money(?) Also- I am still having a hard time finding the banks/lenders signature on any of my paperwork- the only signature I see is allegedly mine which looks like a unilateral contract to me(?) Plus- I am still waiting to see the “Original Note” with my wet ink signature and I am told that all they have is a certified true copy of it. So who is the real party in interest or holder in due course?
    Can someone tell me if any of that is considered fraud, collusion, studied concealment, misrepresentation and counterfeit?
    anyway- just asking.

  4. usjustice4all says:

    Ya, I think this all should have been the legal way to do it, have the owner sign for the foreclosure, dugh?

  5. l vent says:

    GO AND SEE THE YOU TUBE VIDEOS LISTED UNDER FINANCIAL CRISIS 2010.

  6. l vent says:

    THE TRUTH: THE GOVERNMENT IS TRYING TO HIDE THE TRUTH ABOUT THE REAL CA– USE OF OUR ECONOMIC DOWNFALL. THE BANKSTERS AND WALL STREET ROBBED THIS COUNTRY AND IT’S PEOPLE BLIND. AS A NATION WE ARE BANKRUPT. `MAYBE WE ALL NEED TO GO TO BANK TOMORROW AND WITHDRAW ALL OF OUR MONEY. THERE IS NO MONEY IN THERE, BELIEVE ME.THE 401 K MONEY, TOTALLY LIQUIDATED OR JUST ABOUT. HOW ELSE CAN YOU EXPLAIN THIS STORY A FRIEND OF THE FAMILY TOLD US THE OTHER DAY. HE HAS BEEN PAYING HIS MORTGAGE ON TIME ALL ALONG THROUGH THIS FINANCIAL CRISIS. HE RAN HIS CREDIT A FEW DAYS AGO AND FOUND OUT HIS LENDER PUT HIM $20,000.00 IN DEFAULT. WHEN HE CALLED THE LENDER TO ASK WHAT WAS GOING ON THEY PROCEEDED TO TELL HIM THAT HIS MONEY IS GOING OTHER PLACES AND THAT THEY (HIS LENDER), WOULD LIKE TO MODIFY HIS LOAN AT 1300,00 LESS PER MONTH. THEY STOLE THE MANS MONEY!!!!! NOW THE BANKSTER CROOKS ARE STEALING FROM CUSTOMERS WHO ARE PAYING ON TIME. GOD STRIKE ME DEAD IF THIS IS NOT A TRUE STORY. ANY PERSON WHO HAS BEEN PAYING THEIR LOAN ON TIME NEEDS TO BE WARNED AND NEEDS TO RUN THEIR CREDIT. OBAMA NEEDS TO STOP LYING FOR THE BANKSTER CROOKS AND THE WALL STREET CROOKS. THIS COUNTRY IS BANKRUPT. WANT MORE PROOF? GO AND WATCH SOME U TUBE VIDEOS ABOUT THE FINANCIAL CRISIS 2010. OBAMA NEEDS TO PLACE A MORATORIUM ON ALL FORECLOSURES NATIONWIDE OR THE PEOPLE NEED TO MAKE A RUN ON THE BANKS. THIS MADNESS NEEDS TO STOP. THE GOVERNMENT NEEDS TO STOP IGNORING AND TRYING TO COVER UP THIS CRIME. THE BANKSTERS AND WALL STREET ARE TRYING TO STEAL OUR HOMES TO COVER FOR ALL OF THE MISSING MONEY THAT THEY STOLE AND THIS GOVERNMENT ALLOWED THEM TO STEAL IN THE BIGGEST PONZI SCHEME IN AMERICAN HISTORY. GO RESEARCH IT ALL FOR YOURSELVES. GO AND WATCH MICHAEL MOORES MOVIE, CAPITALISM A LOVE STORY. GO READ THE BOOK THE GREAT STICKUP OF AMERICA BY ROBERT SHEAR, IT IS IN BOOKSTORES NOW IN PAPERBACK FOR $14.99. OBAMA NEEDS TO STOP COVERING UP FOR THESE CRIMES NOW. THE TRUTH IS NOW BECOMING WELL KNOWN AND THE PEOPLE ARE PISSED OFF IN A BIG ASS WAY.

  7. PJ says:

    Well is sure looks like those folks in fly-over country , yah know those that cling to their guns and religion, not to mention a clear understanding of their constitutional and state property rights actually understand the issue at hand better then most! Go figure!

  8. Flex says:

    Happy Halloween Everyone!
    Hope you enjoy the trick or treats with your kids, your family, and your neighbors.
    Hopefully you find people in their homes these days, since there are so many empty homes that the banks foreclosed for the last 3 years.

    Now, let’s get serious about the black letter law. Kenton Kentucky is our role model that soon will be all over the country. Justice as it should have always been. What is most intriguing, if the law already exist and should had been applied then, why are we going through such this mess, when the Judges have the duty to apply the law?

    Now millions of people are homeless, loss of families, neighbors, children’s schools and friends. No to mention all the separations, the divorces, the suicides, the exodus of millions leaving the states and their love ones. All because of the ego of the greedy banksters. Unfortunately the damage is already done, and what is worse, there is so much to uncover from Wall St. and the Banks since they started the biggest deceit in the history of the world. Now the IMF is saying that the Robo-signers and falsifying documents is just the ice on the cake, that the real problem goes back from the beginning of MBS, Mortgage Backing Securities.

    Imagine you bought a home and you had been paying your mortgage to a servicer for the last 30 years. To your surprise, when you expect to get the conveyance of the title, the servicer said Madam, we don’t have the title. It seems to be a problem, the lender who you bought your home from, did a securitization through MBS at Wall St., went out of business and did not transfer or recorded the note. We don’t even have the assignment of the note, therefore, we can not issue you a conveyance of the title.
    What would you do if this happens to you today? You may ask where did you money go?
    Or you may look for an Attorney to represent you. We are already seen many law suits out there where people are suing the servicers for not delivering the conveyance of the title for their homes, that suppose to be free and clear.

    What is even more alarming is the fact that the original lender sold the notes by converting them into Bonds to so many investors at Wall St. that there had been many cases, where the servicer or the banks are foreclosing on people that already paid their homes free and clear and sometimes several investors are foreclosing on the same home.
    Hope you do some research on this and be prepared because we have a huge problem that will not be solved in the next 10 years according to some experts in the economic.
    Have a nice Sunday and Happy Halloween to everyone!!!
    God Bless You and God Bless America!!!

  9. deepreston says:

    Thank God some one finally understands what is happening. Is it really so hard to say “the securitized loans were never recorded”. Greed kills and that includes not recording the mortgages to save more $$$$ That’s the simplicity of the matter. Save everyone a lot of time- the banks and the greedy investors were lazy and compacient and made the biggest financial oversite ever!! Thank God for the raped and battered homeowner-if judges don’t start dismissing these cases with prejudice; then they should be dismiSsed with prejudious instead. When it all come out – looking back is allways eazy- the american poeple will never be the same. This kind of deceit …rampant deceit—intentional deceit will take years to overcome. No one will ever trust the financial institutions or the banks or the gov’t again. With good reason. They expose all of our personal info thru out the forecllosure process. From the walmart emplyee who signs they r an attorney in fact; all the way to guam…we r exposed and deceived. The usa is really more like north korea or china
    or perhaps hitler…is eazier to relate to. This is genicide by economics. Suicides are at an all time high too. What do u expect? You can kill people physically or u can destroy them mentally. What’s really the diff?
    Praying for america -whats left of it…
    Dee
    Boynton bch fl
    Dpreston@live.com

  10. Stupendous Man - Defender of Liberty - Foe of Tyranny says:

    Indications are that other Kentucky counties will be following the lead of Kenton County on this.

    Equally interesting is the list of “parties” this order was distributed to directly. I’ve converted the general order, and the mailing list, to a pdf document and will forward that to you Michael.

    The list is a “Who is Who” of the largest foreclosure mill firms in the area. The first three:

    1) Lerner, Sampson & Rothfuss

    2) Reisenfeld & Associates

    3) Manley, Deas Kochalski

    These are the worst offenders in the tri-state area of Kentucky/Ohio/Indiana. Lerner even has what appears to be its own document fabrication and default operation – LSR Processing.

    Each of those above named firms has also been named as defendants in the RICO Class Action filed recently in the USDC Western District of Kentucky, Louisville Division – Foster v MERS.

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