Homeowner Suffers Horrific Injustice at the Hands of JPMorgan Chase

Repost from Mandelman Matters

Homeowner Suffers Horrific Injustice at the Hands of JPMorgan Chase

For over two years I’ve had a front row seat for the foreclosure crisis, the by-product of our government’s complete mishandling of the worst economic downturn in seventy years.

During that time I’ve been exposed to some pretty horrific things… people living in their cars with a child sleeping in the trunk… the eviction of an 89 year-old couple… I’ve gotten to know what that fear sounds like and feels like… the fear of losing one’s home while the country talks about you as being nothing more than an “irresponsible borrower,” someone who never should have bought your home in the first place, even though you may have lived in it for 30 years.

What I saw this past week, however, was something new for me… I’d heard of things like this happening before, written about them, even.  But, I had never seen anything like it, up close and personal.

As a warning… this story is not for the squeamish.  If you’re pregnant, or have heart disease, or just want to go on pretending that your country is still a place of which you’re proud… it’s better that you click off now… because this one isn’t going to make you laugh.

An Anaheim couple with an eight year-old daughter has lost their home… that would be one way of phrasing it.  Another way to describe what happened would be to say that JPMorgan Chase, an outfit that I now see clearly is significantly worse than any crime family… has thus far been permitted by the courts and the laws in California to STEAL an Anaheim couple’s home.

Why do I say that Chase stole it?  Well, there are lots of reasons, but I think the one that tops my list would have to be, because they never missed or were late on a payment… in every single month that JPMorgan Chase told the couple to make a payment… they paid the exact amount they were told to pay… on time and as agreed… never missed even one… never were late, not even once.

“We trusted the bank,” the Mom says, “like idiots.”

The husband in this family worked for the City of Placentia in Southern California for some 27 years.  The wife and mother has her own small business.  Their adorable eight year-old daughter, whose life is about to be inalterably changed at the hand of JPMorgan Chase, goes to school near by and loves her home.  Her parents haven’t told her anything about this yet, and I pray to God they never have to… that JPMorgan Chase comes forward and stops this egregious wrong that they have let happen… that they have created.

I can barely tell this story… I can’t imagine it ever happening to me… I can’t imagine it ever happening to anyone in this country… a place I used to proudly think of as my country.  Not so much anymore though.

The husband in this family became ill a few years ago… advanced diabetes… his kidneys have failed, he’s on dialysis… heart disease… he’s spent time on a respirator while hospitalized.

Yet, they’ve made it through everything, this family, through all of that and more… stayed together… raised a daughter… found ways to laugh and play together… they must love each other very much.

They had bought their 2-bedroom home in August of 2006… as it turns out… terrible timing… but who knew that the bankers, who had leveraged themselves 40-100 to one, were about to blame homeowners for their defrauding of the investment community, bankrupting the global financial system, and destroying the credit markets?  Bernanke didn’t know… Paulson didn’t know… personally, I think that lets this couple off the hook about the whole should-have-known thing.

So, for three years they made their payments without fail.  And maybe if it would have just been the economy or just the medical bills, they would have made it through this… but both was too much, and they received a Notice of Default in July of 2009.

They applied to JPMorgan Chase for a loan modification, and Chase granted them a trial modification in February of 2010.  Chase told them to pay $869 for three months, and entered them into another program in May, telling them to make monthly payments of $1358.

They paid every month, on time every time… by cashier’s check, as required by Chase.  The trial modification paperwork said something to the effect of:

“If all payments are payments are made as agreed, we will reevaluate you to determine if we can offer you a permanent modification.”

“We trusted the bank,” the Mom says, “like idiots.”

In August, they received a Notice of Sale.  They called Chase… and imagine their relief when they were told not to worry one bit about that notice.  Apparently, it was just the fault of Chase’s stupid computer system that just spits things like that out without anyone telling it to do so.  False alarm, what a relief.

So, they paid their September payment… and paid their October payment… and it was around October 10th when they received another Notice of Sale.  Again, they called Chase, perhaps a little less nervous than the last time the same thing had happened… and wouldn’t you know it… another false alarm… it was that darn computer system again.  Nothing to worry about, Chase told them… just keep those payments coming.

Oh, but while we’ve got you on the phone, we need you to send in some current paycheck stubs and other miscellaneous pieces of information, which they did… and then did again… you know the standard operating procedures for servicers by now I’m sure.

I know, it’s not Chase’s fault… they’ve reportedly been having trouble hiring minimum wage people for the last three years.  Or was it the investor’s who won’t let them modify?  I can never remember which lie was Chase’s favorite… Bank of America was having the phone problems… Wells couldn’t stop their employees from losing stuff over and over… Yep, Chase was the can’t-hire-anyone-and-investors-won’t-modify, I’m almost positive.

Right around the third week of October, they come home to find a notice of sale pinned to their front door.  Oh my God… they called Chase again.  “Oh, just ignore it once again,” Chase lied.  “You don’t have to worry about that, silly, you’re under consideration for a loan modification, why would we sell your house?”

A few more days and another notice on the door… Chase back on the phone… but this time everything was different… Chase said they were selling their home in ONE HOUR.  To stop the sale, they would need to get down to the courthouse with about twenty-five grand… in 55 minutes, 50… 45… 40…

I suppose we needed another vacant home in Anaheim in a hurry, because predictably, the home went back to Fannie Mae at the Trustee Sale.  Gone, in the blink of an eye… sold October 21, 2010… just 21 days after they had made their October payment.  Chase had told them not to worry… it was just the computer system… no one would sell their home.

And now it was gone.

“We trusted the bank,” the Mom says, “like idiots.”

The father has a hospital bed in the living room, he requires special care… their daughter… in school close by… eight years old… is that second or third grade?

The couple pleaded with Chase that day on the phone, I can only imagine what that felt like for them on that day.  Here’s what the mom said to me:

We’re not people who simply decided to skip out on our mortgage. We did everything as upright and by the book as we were instructed to do by Chase yet we still lost our home. On the day they took back the property, I called Chase pleading for an alternative to this. Their reply to me was “I suggest you find a new place to live.”

The Unlawful Detainer or UD hearing was the next indignity the couple would suffer… and I haven’t been able to stop thinking about this next part all week.

With the medical bills they were receiving, and the uncertainty about the future, they didn’t feel they could afford a lawyer, but they finally found one who would file a lawsuit pro bono.  As the date for the UD neared, the husband was still in the hospital; he would be released roughly 48 hours before he would have to be in court.

Their pro bono lawyer called the opposing council, a lawyer from one of those scum-of-the-earth foreclosure mills that have no doubt been making untold millions intimidating homeowners, already scared to death and almost always without council, McCarthy & Holthus. They look like rich young men who don’t care at all about what the banks are doing to their neighbors… well, maybe not their neighbors… they probably live in some zillion-dollar beach pad.

(Hey fellas… looking forward to seeing you on Google!  If you’ve been spending money on SEO trying to rank up at the top, I’ve got outstanding news… I’m going to put you right up there.  May not be exactly what you had in mind, but then I don’t give a rat’s ass what’s in your under-developed minds.)

The couple’s lawyer asked the McCarthy & Holthus lawyer if there could be a continuance as the husband would be only a day or two out of the hospital…. they said they’d check with Fannie Mae… then said that Fannie said no.  I guess Fannie Mae, a bankrupt and tax-payer owned mortgage company really wanted another empty condo in Anaheim.

The lawyer asked, what if the couple comes in and asks the judge for a continuance, would McCarthy & Holthus object?  No, she was told, they would not object “vigorously.”  So, the couple went to the UD expecting to ask the judge for a continuance, she pushing him in his wheelchair.

As soon as they walked in, another  McCarthy & Malthus lawyer, Kevin Mello was walking towards them.  As he approached, the couple overheard Kevin say to another, “I’m so sick of all these sob stories.”

Oh, no he didn’t… Oh, yes he did.

(And boy oh boy, is Kevin going to regret saying that… LOL… Yoohoo, Kevy, baby… you hang in the courthouse right near my house… do you know how lucky you’re aren’t?  I’m actually making a documentary about the foreclosure crisis, and hadn’t yet cast the shithead.  How lucky is that?)

Mello asked the couple when they could bet out of their home.  They said that they would need six weeks.  Mello made a call and said they could have 30 days.  The husband asked to talk to the judge, but our guy Kevin said, “Why, the judge has no authority… he’ll tell you to be out in 4 days… the bank has all the authority.”

Does it now, Kevin?  The bank?  Fannie Mae?  The scandal-ridden, morally and financially bankrupt, already absorbed into the federal government, Fannie Mae?

Kevin had some papers he said that the couple needed to sign.  They said no, they didn’t want to sign anything.  Kevin said they had no choice… either sign or be out in four days.  He put the documents in front of them… they couldn’t move his hospital bed in 4 days… they signed.  Stipulated to a judgment and waved future claims.

When they appeared before the judge, he said that they should be GRATEFUL that the bank gave them 30 days.

When the couple tried to relay the story of the loan modification con job and Chase lying and then the stealing of the home… well, they didn’t use those terms, I did, but someone has to, right?  Because that’s what happened, and I don’t give a damn what other factors are involved, that’s what happened, sure as shootin’.

Chase’s conduct was so offensive that a highly experienced trial attorney agreed to take their case.

A complaint will be filed on Tuesday in Orange County Superior court seeking compensatory and punitive damages.

The couple’s lawyer would later ask Kevin about his preference for coercion and intimidation, and he replied, “Hey, look… I’m not their lawyer, I’m the bank’s lawyer.  If they wanted a lawyer they should have had their own.”

No, I’m sorry Kevin… on that point you’re entirely wrong.  I mean, everyone know you don’t need to pay a lawyer when you’re applying for a loan modification… just ask the California State Bar, the Attorney General’s office… President Obama… come on… everyone knows that.

Mandelman out.

P.S. Hey bloggers… Facebookers… please help me get the word out on this… post, repost, tweet, re-tweet.  I’m hoping Chase sees this and stops the eviction… otherwise this couple could be fighting this from a homeless shelter.  We can’t save everybody, so let’s save one at a time.



35 Responses to “Homeowner Suffers Horrific Injustice at the Hands of JPMorgan Chase”
  1. Daniel Gonzalez says:

    I fought for my life going through stage 4cancer lymfoma hochkins b and now they are taking my home I didn’t fight for my life to be homeless

  2. Daniel Gonzalez says:

    Ocwen is doing me the same I was in the process of loan modification and they sold my house I have been paying since 2002 it was going to be over in 2012 2017 still paying for 36000 loan I owe 42000 idk I’m a rocket scientist but it went up instead of down .

  3. Jim says:

    I had a mortgage with ING Direct that fell 3 months behind. I called them at this point and made a payment to bring my account current. Meaning, I paid four months worth of payments.

    Twenty-five days after I paid in full. Five Brothers RMS came to the house and put a lock-box on the door. They also claimed to have winterized my home, despite the fact that it was already winterized. It had been winterized through the previous two winters. They broke into the home, and replaced my locks. My nice door handles were replaced with junk.

    Then, the man doing the lock-out took it upon himself to steal a $800 snowboard and bindings that was sitting in my living room.

    Remember, this is all after my mortgage was caught up. It was almost one month later. Someone at the bank or Five Brothers RMS made a mistake and never cancelled the lock-out process. My personal property was ruined, my home and privacy were invaded, and some items in my home were stolen.

    The value of goods stolen is too low to claim on homeowners insurance. I know I have no proof, to press charges. All I know is, the stuff was there 2 weeks before 5 Bros came in, and all of the doors were locked. When I went there afterwards, the locks were changed, a lock-box was on, and the stuff was gone.

    • Katheryn says:

      Now they are even stealing not just our homes but its contents also. I have to keep pinching myself that this is not a nightmare but really happening. Like I said, it’s the wild wild west. Anything goes.

    • Please call me right now as I have had this also happen to me with FIVE BROTHERS VENDORS


      or send me an email with your phone number so I can call you to discuss what has happened to both of us and probably others and perhaps we can get these thieves prosecuted for you and you can sue them for conversion, etc., even though you think you do not have anyway to prove who stole these things.

      Was there any name on anything stuck on a door or window or just a phone number and if only a phone number, let me know that also.

      Did you make a report in writing with police?

      Did the police investigate the scene?

      Do you have pictures?

      Check with the police and see if they have anyone that stopped in and left their name and or phone number concerning your address that they were letting the police know what they were there for in case you or someone else would call 911 while they were there.

      Very important that you do the above as I have found out names and phone numbers and other info at the police department to serve defendants in lawsuit.

      I might also have an attorney that is pending to help me with this that your case might also be of interest to him as we compare notes and compile files on these criminals.


      Ask the police if they have anything on file about FIVE BROTHERS or vendors as agents of FIVE BROTHERS on how to contact and who to contact.

      • Jim says:

        Hi Michael,

        I’ll give you a call. I don’t see how it can be worth the trouble, though. The amount stolen and damaged was less than attorney fees will cost. Plus, I don’t really have proof that they took it.

        I just don’t understand how it could have been anyone else. I know the doors were locked, because Five Brothers had to break in to change the locks. I also know the new locks were set and the lockbox was on when I got there. I don’t see how anyone else could have gotten into the house.

        I have been bitter about this since I found out, and I feel pretty helpless. I was especially bitter since this all happened 25 days after my mortgage was paid to be current. They should have never been there. It is very embarrassing for me to have family and neighbors see the house with the bright signs and lock-box on it. When I called, they blamed the mortgage company for not telling them, and they provided me with the lock-box code.

        The mortgage company said they would not charge me for the winterizing and lock-out if I just dropped the issue. They said they would be careful to not make that mistake again. I am also aggravated that they claimed to do a winterizing. When questioned, Five Brothers said that the winterizing was not done right and they needed to put more antifreeze in the toilets. The house lasted the two previous winters just fine with the way it was. I had already drained the water lines, the water heater, blew out all of the lines with an air compressor, and added antifreeze. I had the help of a certified master plumber, who was the VP of a plumbing and heating company for 20 years before starting his own business, my father.

        The Five Brothers rep left a sticker with a phone number. Inside, there was a paper with the name of the employee who did the lock-out and winterizing.

        Do you really think something can be done? At the very least I would like to see that guy fired.


      • Yes Jim – please do call me.

        You have a lawsuit most likely for several claims, depending upon the facts you allege in your complaint and they may default by not answering your complaint.

        The evidence is by the preponderance in a civil suit and not as in a criminal prosecution and so you will not have to prove so much to win as when it must be proof beyond a reasonable doubt.

        The costs of the lawsuit can also be recovered.

        There are treble damages and or punitive damages to be awarded.

        The person you have a name for if he is the same that entered the house, might also eventually be criminally prosecuted after you prevail in your lawsuit if not before.

        This person needs to be stopped.

        You can not rely on anyones promises that this will not happen again if they think they are forgiven and don’t care what they do to the next guy, if they don’t repeat this crime again to harm you, we don’t want others injured or damaged.

        This company that hired this guy needs to also be sued which means that Five Brothers also needs to be sued as each is responsible if not the bank as the ultimate Principal responsible for the actions of any agent in respective roles.

        Five Brothers hires local vendors that may not be up to snuff due to bargain shopping and hiring of people with criminal records that are not bonded, but if bonded they you also would be adding the bonding company as a defendant to pay the judgment and the bonding company then can collect what they paid from the person they bonded as well as cancel their bond and with that kind of record the local vendor and or employee would probably not be able to get another bond which effectively fires him so should proceed that you can as Donald the Trump says, “You’re Fired,, now get out of here!”

        Please – Please do call me right away.

  4. Alice says:

    This story is being repeated throughout the USA;——just in a different version. Clearly the father in the family is disabled and is being discriminated against by Chase.

    I didn’t catch the age of the parents; however, let’s go a little further——-is Chase taking advantage of senior citizens? Is Chase destroying the middle class of America along with the other banks and let’s add Fannie to that?

    Who are the lawyers and firms going after the Banks, Mortgage Brokers for faurd. Who are they and where are they? Why is it so hard to get lawyers to focus on the fraud of these foreclosures?

    Thus far all I have encountered are lawyers willing to stop the foreclosures for a fee—-claiming that they are successful in stopping foreclosure——-and then leadingthe homeowner into a short sale that still leaves the people without a place to live.

    Now how about what Chase gives a family to move——-I have heard a $1,000.00 if you are lucky. How insulting, the homeowner’s home is taken and then the bank gives a paltry $1,000.00 to go live under a bridge, How many of these homes that have been foreclosed on a part of the WAMU, Washington Mutual fraud?

    Chase and the other banks should be mandated to reimburse the owner or owners for the work they have done over the years to improve and maintain the property———why Chase reap the benefit of a homeowner’s hard work rather than the homeowners.

    Wake up America——–since the Congress of 2006 came in this nation has been on a path of destruction—–a path of re-distribution of our primary asset, our homes.

    For shame!!

  5. susan says:

    listen to these 5 short clips on oaths, bonds and indeminity – keep the courts accountable:

  6. This is just one case o millions of cases like that believe it or not i heard worse and also from Chase, which i will make public in do time,
    The injustice perpetrated by the Banksters every day to millions of Americans is unbelievable, There must be and there has to be some way to get some justice, It has to be a way to defend this kind of cases, anybody?

    • susan says:

      you have to make a claim on thieir bond – this will hurt their liscense and ability to work and more importantly – theri pockets. also file complaints

  7. michael-Lynn says:

    Yes, Horror of Horrors (in misdeeds) for sure!

    Here is another Horror story also:

    Wikipedia.com has an article I found about US BANK that states that BANCORP acquired US BANK 1997 and thereafter US BANK became a non entity as it was absorbed and ceased to exist as I confirmed when I talked to the legal departmen of National Headquarters of BANCORP in Minneapolis, Minnesota.

    The reason I report this for all the world to see is because even a blind person should be able to see that something awful exists in all of this meltdown and with heigtened sensitivity comprehend the stench and who is responsible for this silent stinker.

    I am legally blnd and a victim of vendors working for Five Brothers Mortgage Servicing and Services, LLC of Warren Michigan that arrived on September 29, 2010 at my home were I am a tenant an with police in tow to do another illegal change of locks on this property that I been occupying since October of the previous year while the landlord went into foreclosure in February 2010 and defaulted which has just recently ended up with US BANK obtaining a sheriff deed to be a “morgagee in possession” and acquiring the property subject to existing rights of tenant and obligations of the landord as provided in Protecting Tenants At Foreclosue Act of the U S Congress (May 2009) that states all tenants in any foreclosure are to have a minimum three months after sheriff sale to reside and for as long as the remainder of the lease if that time is longer.

    I was given ten minutes to pack up and get out and so I got three of my cats loaded up and was told by police that the vendors told them that US BANK owned the property and so I would be arrested for trespass if I came back onto the property. I had several other cats, mostly young kittens and to my horror for the next eight days, before they eventually escaped out a poorly fitted basement window, these felines were intentionally left in neglect regardless of all my desperate pleadings in the meantime to suffer lack of water and food. I think that a runt kitten actually died in the house and is probably still there.

    It took me five months to determine how to serve US BANK, that did not own the house until the sheriff sale held February 17, 2011 even though I went to court for an emergency temporary restraining order and injunction that I filed the day after being locked out. All of the personal property except for some small thefts is to date still at the house inside and outside where I am unable to live in violation of PTAF and Indiana Law, as I never received any written notice of any kind whatsoever for an eviction as none has ever been filed as require by law.

    I have made dozens of calls to someplace in Kentucky since speaking with Five Brothers and Headquarters, trying to get keys so go back into the house and all they say is don’t call us again and in court my second action was likewise dismissed by a newly elected judge and I am now trying another action before going to the US District Court for R.I.C.O., etc. as I was twice falsely arrested for trespass, even though not on the property and spent over six weeks in jail under excessive bail and the charges being dismissed by the State three days before jury trial. However the prosecutor had the dismissal done without prejudice and the chief of police says I will be arrested for trespass yet even though he knows all this personal property has been taken by me ilegally, even as the prosecutor who I have also given a copy of PTAF has done an administrative as in non judicial advisement to the police to arrest me, which in a recent unamimous decision of the US Supreme Court, allows me to sue the prosecutor now for this non judicial administrative enforcement under color of law.

    I am legally blind and now live 70 miles away and am spending the meager $700 a month on court fees because the new judge won’t grant the waiver of fees and refuses under IC 34-10-1-2 to provide me a lawyer as requested and I am broke already for the rest of the month after paying rent to a friend that is my new landlord that has not required any security deposit and has let me move in with my three cats which is almost impossible to do as most landlords don’t allow even one cat or dog.

    The woman I spoke with in the legal department at BANCORP is super and has been so kind and stated that knowing what you now know as written in here that if should could do anything to help, that she would drive down to Kentucky and make things right, but alas she has no power to help me.

    I have all of the contact numbers and court documents for anyone that would like to spread proof of this horror and perhaps help. My friends that read everything say they are outraged and even strangers say likewise that they understand the horror of this and how wrong it all is, but the new judge that was formerly US Atigent General for the US ARMED FORCES says in his Order to deny everything that he has spend considerable time reading everything and does not comprehend anything as it is not discernable. This is so preposterous as the new case I am attempting states clearly in the title: “Petition for IC 32-31-6-5 (that must be held within three days of filing date)” and states as required essential elements what irreparble harms and loss has occurred and is about to occur if the court to not intervene and provide injunctive relief and all other remedy proper in the premises.

    Michael-Lynn @ The “MIXED WAR” Room

    • susan says:

      File bankruptcy – this will buy you time to file a quiet title if you have not already done so so that you can file a lis pendens with the county recorders office. next yu can file a claim on the bond of the vendors an file a bond claim on the sheriff who locked you out.

      • michael-Lynn says:

        Thanks for reminding about who I can also include in the lawsuits as Defendants. You are correct in your suggestion that I also go after the bonds of these public officials and vendors.

        To the best of my knowledge and reason to believe this – It is not possible for me, as a tenant however to do a quit title nor to file a lis pendens as I have no claim of ownership in the property as a tenant, that has only the interest of the rental contract. Lis pendens is usually never even filed by the banks, as I have checked these records here in our county in Indiana before and found only a couple of entries in the clerks lis pendens books during the past ten years.

        I have thought about bankruptcty, but as of yet, have not figured out how as a tenant (that US BANKI/BANCORP does not recognize as having any tenancy), can apply to the bankruptcy and gain relief to me, unless by listing US BANK/BANCORP as someone I might owe for unpaid rent during these past few months, during the time that I have personality remaining on the property, for which US BANK/BANCORPshould receive compensation and when US BANK/BANCORP to assert this claim, then challenge their standing and that US BANK is not registered as a corporation in Indiana, as required for all corporations doing business herein, nor has US BANK registered with the Indiana Department of Financial Institutions. Of course I could also perhaps challenge in bankruptcy court the standing of US BANK not being able to produce the true actual wet ink original note so that the foreclosure might be vacated somehow in the bankruptcy court, but don’t know that that is possible either. If I only had an attorney – gee whiz, this sounds like the parady of OZ … why the sham wizard was a hoax – like the emporeror that wore no clothes, in days aforetime when banksters did before what banksters throughout history have always done as explained in an article at wikepedia about the history of the Administrative Procedures Act and the cause of the depression involving real estate speculations of the 1920’s.

        I am also trying to set up a web site that may be titled:

        Foreclosure Defense Alliance/FDA

        for the remedy and recovery of foreclosure victims and remedy and recovery of locally victimized communities that have suffered blight of the local housing markets and neighborhoods, due to the neglect of banks that have become owners not maintaining the properties, that become dens of criminals and drug lords and otherwise left to crumble for lack of maintenance.

        I will be providing a resource for individuals to have boiler plate pleadings for forclosure defense and the education to know the trials rules for each state and US Courts involving contracts in commercial law. Indiana UCC is codified in IC (Title) 26, et seq..

        I will be providing the knowledge base for people in every county and local community to have the local governing body enact local legislation and ordinances that will provide new jobs to unemployed victims to conduct daily local inspections. These Inspectors will have the enforcememt authority to cite code violations that strictly apply to properties owned by the banksters. The fines will be hefty and frequent, such as every day, as every such property is inspected for violations. In as little as a couple of weeks, these banksters can be divested of what they have stolen, if these banksters do not properly forthwith pay the fines and do not continue to maintain these vacant properties and do not have them rented and occupied by tenants until sold.

        This is an emergency measure that each local governing body in the US and perhaps worldwide can emulate to take back and restore everyone.

        We must make these initiatives happen and thus make these banksters pay for their crimes in this peaceful manner for the urgency that exists under the emergency that these banksters perpetrated!

        The need to do it now without delay is urgent, as the economies of the world are in a state of desparity and We The People have this grassroots remedy to defeat the banksters, This is something that the banksters can not stop, if they do not pay the overdue fines, that become due as soon as within 24 hours of filing in the public record, that occurs each day that a lien exists, for non payment, as the liens accumulate and reach a sum that forfeits the title to the community, so that habitat for humanity and whoever else, as an organization can get to work on these properties to have them in shape for the homeless to occupy, made homeless by the banksters.

        It is not the subprime borrower that is at fault – it is the banksters and the sophisticatd schemes of these racketeering influenced corrupt organization schemers, i.e., banksters and all those other evil and greedy and selfish miscreant accomplices, in the shark pool of middlemen involved in the lending processes, that are not ever going to be arrested and prosecuted, nor serve prison sentences, that have orchestrated this blight and destruction and theft by reason of greed, that is at fault and now they must pay, if not by prison time, then no less than pay this expene of doing corrupt business that amount to huge fines and forfeiture. This is the cure to wipe out the damages of this plague as we can not depend on anyone else doing what we together in this manner can accomplish, as others only look the other way and fail us, that we have entrusted in political offices, but at best only compromise everything.

        Will you join me and help support the FDA?

        You can contact me with this email: foreclosuredefenseeducation@gmail.com

        I also have skype and magicjack and internet phone wih my local internet provider so that it may be possible for this to become a video conference and radio broadcast and I am looking into text into speech and text delivery to subscribers, future announcements, etc..

        Please pass this on and make this the social event of the new millenium.

        Also let everyone know to watch these videos:

        “Bankster v. Deadbeat”; and

        “Money as Debt II: Promises Unleashed” to fire up the anger and get everyone to comprehend the urgency to organize and overcome evil with the good of the community united against the banksters.

        (Find these videos with google and youtube)

        Stay the course,

        Michael-Lynn @ The “MIXED WAR” Room, helping the forelorn do battles in the court against the banksters; to overcome evil in “The Trials of Life”, that all can learn to defend the defenseless; especially the orphans and widows of fallen and disabled soldiers, that banksters have cheated out of their homes and made homeless.

  8. see says:

    After we lost our home we had to deal with an REO agent. We did the cash for keys thing. The agreement was we would be out the home Feb 14. On Jan 27th we got a letter from McCarthy & Holtus saying they were Fannie Mae’s attorneys and we are in the house illegally and we are commiting a crime. If we were not out in 24 hours they would have the Sheriff physicially remove us. We called the REO agent and asked him what the hell is going on. He told us that he is in charge and McCarthy Creeps have jumped the gun. He would straighten this out. REO agent called us back and said all is cool.

    Even though we knew that the house was going to be foreclosed on, we had no where to put our equipment and other things until Feb 10. We were in construction so we had lots of equipment, supplies, wood, second had windows, doors, lots of stuff and garbage that there was no way we could move all that stuff out in 24 hours. The next day we received another letter again calling us criminals and we will face the wrath of God so to speak. So we call the REO agent back and complained again. I told him, “You have been to our home and you know that the place is stocked piled with lots of stuff and we don’t care if we have to leave most of it. However, did you know that it will cost you $5,000-6,000 (low estimate we got from junk guys) and high estimate $10,000 to have that stuff removed not to mention the cleanup you will have to have someone do? As apposed to the $1500 for cash for keys. The REO agent I think nearly pissed his pants. We told him you better call off the dogs or we will walk and leave this gigantic mess with him. (We knew someone in the junk hauling business and he gave us the estimates) Again he calls and says all is cool.

    A week later we were served with a summons for eviction. Again another call to REO agent. Again told all is cool. I comment to him that he apparently does not have as much control as he thinks he has. We live in a town of less than 7000 people next to a large city. McCarthy has an office in our town with 2 so called lady attorneys there. The office they have is unmarked and if you wanted to find it you would have a hard time locating it. However, I did eventually find the office where they terrorize people from. Why in the world would they not have their office marked? I have spoken with other people who had to deal with these 2 bxxches. Most of their complaints were the same as ours. I guess when you feel you have the power then anything goes.

    • fighting mad, mad as hell says:

      I feel so sorry for what everyone here is going thru and has already gone thru. been there myself.
      What I learned is that we don’t have to be a doormat just because the banks say you must be a doormat for them!




      This website has excellent reasons to sue the banks, it give details of great defenses.
      If you lose, file another suit, appeal, refile, just keep them in court.
      They are already complaining about how much they are losing in attorney fees and court cost for the cases they’ve won!
      if you file as indigent because you can’t afford to file, the fees are waived. Besides it cheaper to pay the fee than keep paying the note and still lose your house.
      I wished that there was this kind of information and help available when they took my house.
      I wished that someone had revealed all the tricks being played on home owners, but I’ve learned and I’ve begun fighting to get my house back!

  9. George says:

    WAMU/Chase has done it to me several times.

    I tried to refinance my mortgage; the note was current. They reported my credit incorrectly as 120+ past due and in foreclosure. Couldn’t figure out how to correct it for 8 months; finally got it removed from my credit report; they filed a NOS just prior to getting it straight. Stopped me from refinancing.

    Not my word against theirs. I have three different letters from them telling me they were wrong and would get it corrected.

    So I put it up for sale, and sold it three different times; plenty to pay off the bank and a good bit of equity left. Chase would not provide payoff info to the title company; I lost the sales because we couldn’t close.

    Again I have it in writing from them that they screwed it up, and apologizing to me.

    I sued, and won my home free and clear; clear title registered with the county the next day.

    A month later Chase “foreclosed” on my free and clear home; once again stopping me from refinancing or selling. I have lost another sale due to this.

    Their response to me: We don’t care what paperwork you have from the court. We are going to sell your home regardless. And they did. To themselves. To get my $400K equity.

    I put liens on property they still had listed with the county as WAMU owned properties; they changed the titles the week before the sheriff’s sale even though I had proper liens.

    I had that $400K of equity that I couldn’t touch or get by selling it. I was self employed; their screwing with my credit and tying up my equity forced me to shut down my business.

    I have two lawsuits in Federal Court against Chase. It will be another year before they are heard.

    These people have made my life a living hell for 5 years. And they have admitted in writing all along that they were wrong.

    They could care less.

  10. Rob says:

    Yes, this is the recurring theme in this country these days. The land of Banks and Insurance companies. Would you happen to have the address of these people? I would like to go to the Orange County Recorders office and look at all the recorded documents to find out if there was any Noatary Fraud involved.

  11. boots says:

    McCARTHY & HOLTUS is another David stern law firm in Florida. McCarthy & holthus is a foreclosing attorney for Quality Loan Service, who is also a debt collector. These both entities owned by atty. kevin R. Mccarthy & atty. holthus. i have three pending case against these law firm in California. M & H and Quality used their employees to create and fabricate the assignment of deed, substitution of trustee, notice of default and notice of trustee sale in order to comply with ca. civ. code 2924 et at. M & H are notorious in submitted false documents and affidavits in the bankruptcy court. I knew, i’ve been there.
    hopefully, the Ca attorney general will investigate their criminal act and the lawyers who participated on these fraud will be be bar from practicing law. M& H , Quality Loan , Pite & Duncan your time will come, just like david stern who earned millions by defrauding the homeowners. i felt pity for these young and newly graduate lawyers for working with these scumbag.

  12. Danelle Hills says:

    We do need Congress to act to save ALL of us homeowners with one piece of legislation that the bank MUST prove its standing, and that the judges ALL must uphold that law. Without that, many, many more non-deadbeat homeowners will keep on having their homes stolen from them. And the courts will be clogged for a hundred years or more as those homeowners who can find lawyers and fight do so. The banks and lenders need to fall this time, no bailouts, guess what, executives and stockholders of the banks and mortgage lenders? You need to have your corporation fail, the officers held legally responsible for the massive fraud, and the STOCKHOLDERS lose their invested money. Same with the investors who bought the notes from the banks and lenders – they DESERVE to lose their investment! How dare our government sit back and let the banks, lenders and all others involved get away with it! What, because it is so big they cannot be held accountable? By that logic, mass murderers should get away with their crimes, too. Wake up and act, Congress!

    • HammerTime says:

      Maxine Waters already pushed for this or close to it and is trying again. We need to support her efforts as Obama administration attempts to settle with banksters.

      Congresswoman Waters Troubled by Reported Foreclosure Fraud Deal 2-25-11

      Reiterates Need for Servicing Standards, Raises Concerns about Settlement Figure & OCC Protecting Banks Over Borrowers

      Congresswoman Maxine Waters (D-Calif.), a senior member of the Financial Services Committee, issued the following statement today after reports of a deal between the Obama Administration and mortgage servicers to settle systemic fraud issues in the servicing and foreclosure industry:

      Reporting from yesterday and today indicates that federal regulators are close to reaching a settlement over what they describe as “shortcomings in foreclosure governance and document preparation processes,” or what I have plainly referred to as “foreclosure fraud.” The settlement, as described by the Wall Street Journal, Huffington Post, and other media outlets, leaves me deeply concerned about whether homeowners will receive the due process and fair treatment they deserve.

      Particularly, I am concerned about the $20 billion settlement figure, spread across 14 servicers, that has been noted in various reports. Though this figure sounds like a large settlement to those unfamiliar with the scale of the foreclosure crisis, we must remember that over 3 million homes have been lost to foreclosure since 2006, and some analysts expect an additional 11 million foreclosure filings in the near future. Moreover, the Center for Responsible Lending estimates that foreclosures between 2009 and 2012 will result in $1.86 trillion in lost wealth for families.

      We must also contrast this $20 billion settlement figure, shared by 14 servicers, with the $8.6 billion settlement paid by Countrywide Finance Corp. in 2008 as a result of origination fraud. I have every reason to believe that today’s improper servicing is likely just as pervasive as origination fraud a few years ago.

      This settlement is too small, and will likely have one of two results: either borrowers will receive insignificant principal reductions, or reductions will only be available to a small subset of troubled borrowers.

      I am also concerned about the fact that this settlement, as reported, contains no discussion of mortgage servicing standards going forward. Though I was pleased that the Administration briefly mentioned the need for servicing changes in their Fannie Mae and Freddie Mac reform proposal, we have yet to see the details of their plan for servicing reform. As I have reiterated for years, meaningful servicing standards are absolutely necessary to protect the millions of borrowers vulnerable to foreclosure. My bill from the last Congress, The Foreclosure Prevention and Sound Mortgage Servicing Act of 2009 (H.R. 3451), which I plan to reintroduce, contained borrower protections that I believe could have prevented many of the servicing failures we see today. I urge regulators to insist on meaningful borrower protections that satisfy all of the servicing reforms described below:

      • Provide that servicers have a duty to engage in reasonable loss mitigation activities, as outlined in H.R. 3451;
      • Adopt servicer compensation structures that result in servicers having an interest as to whether the loan remains current, and separates simple transaction processing from actual loss mitigation activities;
      • Require that a formula govern how second lien holders are required to modify second liens in the event of a first lien modification;
      • Mandate that servicers establish a single-point-of-contact for each borrower seeking a loan modification, and provide that single-point-of-contact with actual decision making authority;
      • Require that an independent master servicer provide oversight and resolve disputes regarding servicers’ actions;
      • End the foreclosure “dual track,” which often results in borrowers being foreclosed upon by one division of a servicer while they are simultaneously attempting to negotiate a loan modification with another division of the servicer;
      • Require servicers to foreclose in their own names;
      • Change payment structures for law firms and other servicer contractors so that compensation is not tied to the speed at which these contractors foreclose; and
      • Require servicers to disclose the complete chain of title as well as a full accounting of all fees (both upon request and in the Notice of Default), and the use of lost note affidavits in their foreclosures.

      In addition to these borrower protections and servicing industry reforms, I continue to believe that it is essential for Congress to provide bankruptcy judges with the authority to alter mortgage debt on primary residences, an ability that judges already have on vacation homes. I also believe that the Treasury Department should pursue monetary penalties for servicers’ failure to comply with Home Affordable Modification Program (HAMP) guidelines. These monetary penalties could be redirected for any number of purposes, including increasing legal services funding so that homeowners can be adequately represented by counsel in foreclosure. Finally, if the interagency report on foreclosure fraud does not already address this issue, I would urge regulators to conduct a robust investigation into whether parties involved in mortgage securitization may have failed to follow rules regarding the creation of Real Estate Mortgage Investment Conduits (REMICs), and are therefore in violation of tax rules.

      More generally, I remain concerned that our regulators didn’t learn the lessons outlined in the Financial Crisis Inquiry Commission report, which starkly laid out how a failure to protect borrowers led to an explosion in exploitive subprime mortgage products. All the evidence we have points to the fact that history is likely repeating itself. In fact, in a November hearing of my Subcommittee, regulators made it clear that they learned of foreclosure fraud via newspaper reports, despite having teams of examiners located within the operations of major servicers.

      For this reason, I was very skeptical from the outset that this investigation would yield substantive results, given that it was led by the Office of the Comptroller of the Currency (OCC). As the subprime crisis has taught us, a regulator charged with protecting banks’ safety and soundness cannot also be charged with protecting the due process rights of borrowers.

      Through yesterday and today’s reporting, we learned that the OCC’s position is that only a “small number” of borrowers were improperly foreclosed upon. I am doubtful of this claim, given what I’ve learned about servicer-driven defaults in the years since this crisis began. For instance, National Consumer Law Center attorney Diane Thompson has noted in testimony that around 50 percent of the borrowers she represents in foreclosure cases were subject to a servicer-driven default. Academic work from experts like Kurt Eggert at Chapman University School of Law provides additional support for claims of servicer misbehavior. And just recently, JPMorgan Chase admitted to wrongfully foreclosing on 14 active duty military personnel and overcharging another 4,000 military borrowers on their mortgages, in contravention of the Servicemembers Civil Relief Act.

      To date, all we have are these anecdotal reports. But through both Congressional hearings, and first-hand experience with servicers, I believe that there is substantial evidence indicating that improper fees, wrongful application of borrower payments, the use of unscrupulous foreclosure mills and other practices evidence the fact that improper foreclosures are widespread.

      I eagerly await the full results of the interagency foreclosure fraud investigation. In the meantime, I will continue to advocate for servicing reforms. I believe that these fundamental changes to mortgage servicing are needed not only for borrowers, but to ensure a fully-functioning mortgage market that protects investors and encourages the return of private capital moving forward.

    • susan says:

      the government is not our friend. we have rights only to the extent that we exert them. take your money out of the bank, sue, cloud title, shred your credit cards, invest in silver and file bonds against every professional who has a liscense to lose.

  13. Mrs Doutfire says:

    I hope that this family takes the bank to the bank!!! I would fight this all the way. That little girl needs a home and she had one before the banks stole it! I will go tell all who will listen! Lets go blog people!!!

  14. susan says:

    filing a chapter 13 will halt seizure of the home and then the bank has to file a proof of claim. post the case when it gets filed. I have lots of dirt on mc carthy & holthus as i have been in contact with homeowners with similar situation and the paperwork piles up. i would love to share it

    • Mike says:

      Currently in a business Chapter 11 (with counsel)in AZ. But doing the hard work on my own. My attorney thinks I know more about BK than he does. However, I don’t mind the arrangement it’s working so far.

      McCarthy & Holthus are one of my adversaries and would really appreciate anything you could send my way.

  15. Illegal country says:

    The same thing happened to a friend of mine that had a Chase loan. They paid their PERMANENT loan mod payment on time for over one year. One day Chase called them up and told them that they owed $30k – the difference in the loan mod payment and their normal payment plus fees. Chase filed a NOD and has a sale date set. How is this legal? I will not vote for any politician – democrat, republican, or otherwise – that does not make this a DAILY priority. I am planning on campaigning against any and all incumbents that haven’t made this their priority. It seems that besides the court system this is the only power we have. Our voice (politicians) won’t even call us back. It takes 4 months for them to return an email. Most politicians are afraid to get involved and hide behind the “I can’t do anything to help.” argument. I am embarrassed to be an American during this time in history.

    • susan says:

      the court system is the only power we have…. thats what you think! i’ve been fighting these guys for almost 4 years now and people are just catching up. i’ve even entered default on the bank in a quiet title and the judge takes it back. the judges are public employees = state pension fund account = state pension fund accts are funded by the banks.

    • RAMONA says:

      thats just it ..they are trying to say everything will never be the same..its global. so they are trying to say we arent AMERICA ANYMORE…we dont exist anymore they think. they are slowly taking away our rights under the constitution, the rights and laws thathave made our nation great. our right to vote is even being challenged, our property rights, what next?

  16. Vale says:

    Just who is responsible for the actions of these banks. They are federally regulated or so I thought. I guess I am on the list to get screwed by CHASE because I am waiting 8 months now for approval on a MOD and I am pretty sure they will want Blood, urine, and a stool samples next. Where the hell is Obama, Golfing?? This BS of bailing out GM, AIG. F&F along with these banks while screwing the homeowner out of his or her home needs to stop. CHANGE, you got it!

    • susan says:

      the bank does not own your home! go the the county recorders office, get everything on your chain of title and you will see the fraud they submitted on record.

    • RAMONA says:

      they havent stop the banks from stealing our homes going on 4 yrs now. I don’t care where Igo isee whole neighborhoods sitting empty with maybe one or two homes occupied. the banks are paying everyone off it appears

  17. susan says:

    Kevin McCarthy owns Quality Loan Service out of San Diego. Quality files all the illegal / unperfected defaults witht he county recorder.

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