BRYLLAW LITIGATION: AURORA WITHDRAWS FORECLOSURE-RELATED LAWSUIT AFTER HOMEOWNER COUNTERCLAIMS BASED ON MERS AND DEFECTIVE SECURITIZATION
Aurora has non-suited (withdrawn) its suit against a Virginia homeowner after the homeowner counterclaimed against Aurora based on Aurora’s position as a Servicer, the MERS nature of the loan, and the defective securitization of the loan. We argued, on behalf of the homeowner, that, as a mere servicer of the loan and not a party to the loan contract, Aurora had no interest in the underlying property. When it came time for Aurora to answer the homeowner’s position, Aurora simply withdrew the lawsuit.
On a related note, homeowners really have a way of stopping improper foreclosures in Virginia. The key is to be proactive and to sue your nominal “lender” before the foreclosure process is even started. (In most cases, the foreclosure process is started by a foreclosure mill recording a document appointing a substitute trustee with respect to your property in the county land records.)
If the substitution of trustee has already been recorded, then you actually may have further, additional claims based on that document. If your loan was securitized, you are really in a no-weaker position than before the substitution of trustee was recorded.
Check out the rest here…
~
mammon the god of greed There is only 1 God!
Don’t worry about sounding paranoid! Are you kidding? In this day and age dealing with big business and all the fraud and thievery out there; I think we can safely remove the consideration that almost any victim is paranoid. Remember what Pat Buchanan said, “Just because you are paranoid doesn’t mean that they aren’t actually chasing you.”
By the way, has anyone considered that the loan modification companies may be in collusion with the banks? For example: What is stopping a fraudulant loan mod co. from keeping a homeowner “occupied” with loan modification while a bank continues with foreclosure?
My loan mod co. was pursueing negotiations with the bank, delaying foreclosure, and the next thing I knew I had an eviction notice stuck in my door. Even more amazing was the fact that I paid funds for a loan mod after the foreclosure took place because I trusted that the loan mod co. was doing their work. I didn’t know the foreclosure had taken place until I was told to get out!
These days anything goes…the god of greed has many worshipers.
signed,
A Realist
BEWARE: US MITIGATION SERVICES, AKA ALLIANCE, AKA ALLIANCE MITIGATION GROUP, AKA AMG DIRECT AND A FEW OTHERS I HAVE YET TO INVESTIGATE. ALL CONNECTED WITH EACH OTHER, (AND POSSIBLY WITH SOME OF THE BANKS)
Andrew Jackson was the last President to pay off the national debt. A thing we do not need. The constitution says, “Congress shall have power to coin money and regulate the value therof” Why should we pay anybody interest on the debt? They are stealing the fruits of our nations endeavors. Ron Paul understands this point.
Old Hickory put the hammer down on banks as part of the solution…
http://en.wikipedia.org/wiki/Bank_War
IVent brings up a good point about some attorneys being “bank bitches” (loved that one).
I noted that an unusual number of attorneys in our area had dealings/biz arrangements with several of the larger mortgage co’s. When asked first to disclose a conflict of interest -(before even inferring about the nature of a prospective case you’re interested in) one may find the same with attorneys in other locations.
Due to the vast number of law firms w/conflicts of interest – I started to wonder if these mortgage co’s utilized a large variety of law firms over the decades just to help narrow the field of attorneys who could take on mortgage fraud cases. OK, that sounds a little paranoid but it was seriously bazaar how many different law firms in a single city had represented B of A, Chase, etc. in one way or another.
As I’d mentioned before in one or two other posts, I’m pretty positive one of those attorneys leaked our preliminary data (I’d disclosed prior to having the attorney advise their firm had a conflict of interest) to our particular bank because some really strange things started to occur within about 10 days after my initial inquiry as to evidence of fraud we had in a safely locked away. In our case, the “leak”, if it occured, seems to have been a positive event as a previously aggressive institution suddenly expressed a great desire to be more accomodating and the contact from them was not initiated by us. Hmmmm…
MISS MAGGIE MAY VENT ISNT FRUSTRATED THO! SHES MAD AS HELL AND WONT TAKE IT ANYMORE!!!
I do get mad as hell when trolls come to this website to deceive people who are often in desperate situations through know fault of their own because they were GREATLY DECEIVED about many things. This website is about telling people the truth. Knowledge is power. That is what the people need, knowledge and truth.. not deceiving each other about what the truth really is. There are enough lies and deception in this world and that has already done more than enough permanent harm and damage to millions..
Please don’t try to make this a religious matter. Most defrauded homeowners can’t wait until the sinners get their just deserves. We would all starve first. I for one am not convinced that justice would ever be served as well as we can serve it here and now…
We must act.
This battle will be won by right action, not thunderbolts from the blue.
First, we need to collaborate or confederate, so no homeowner faces this juggernaut alone or uninformed. Thanks to Michael, Lisa and Carol for this very forum to that end!
I suggest a fund be started that will fund the foreclosure defense and appeal of homeowners with MERS / securitized mortgages. Winning homeowners would doubly reimburse the fund.
If the banks knew that almost EVERY foreclosure based on MERS or securitized mortgages would be appealed, they would soon stop foreclosing. The banks know that now 90 to 95% of foreclosed homeowners don’t even show up at the hearing. Up to now, throwing people into the streets has been a slam-dunk for the banks.
That is about to change…
The costs of this Fund would not be that great. Eventually, foreclosures would be perfunctory and only minutes long. Appeals would become boilerplate and cheap. Foreclosures would stop and banks would cease prosecution.
I also suggest a national borrower’s registry of mortgages, showing MERS registration and info about its securitization. (trust name, date, principals in securitization.) Borrowers could input their mortgage information. This could be compiled privately by interested parties and be made public. (Much of this this information is available in the MERS database and in the SEC information about securitization trusts (and elsewhere). Once made public in a lawsuit, it can be used by everyone to prove their particular mortgage note was securitized, and what is that trust’s present situation.
Fight and appeal every foreclosure!
Thanks to all for their hard work on behalf of the beleagured homeowner.
Bob
Bob Sublime: Please dont make this a religous matter? Who do you think is behind this entire scheme and have been using religion as a tool to acheive their diabolical, maniacal and evil plans for World Domination? The Vaitican is a political insitution as well as a Religious institution, and they are also the Federal Government, the mob, the CIA, NASA, the IRS, the courts, and the cops.. They where MANY faces. You better do your homework. The banks/Wall Street, The Federal Reserve, the Ratings Agencies, the Title Co;s, the Regulators the “mortgage lenders”, Fannie Freddie and on and on are the perps of Vatican City..They are also the U.N./NEW WORLD ORDER. There are some interesting you tube videos one is called Jordan Maxwell on the Law of the UCC: Uniform Commercial Code and Cracking The Code of Commerce Pt. 1 & 2 Jordan Maxwell. You may also you tube search for Black Pope, the Jesuits, the Illuminati and Eric Jon Phelps who wrote a book called the Vatican Assassins: Wounded in the House of My Friends No one is suggesting anyone wait around for the devil to get his due, but some of us do have faith he will. I believe God is behind the entire truth movement. Knowledge is power.
It is Mrs.
HUH?
ITS MS HERE!!! PLAIN AND SIMPLE!! MS.!!!! NO MIDDLE NAME:)
LOL, Maggie..
Once everyone can prove their mortgage was securitized and what is the trust’s present situation? WOW!!! If you can find that, the pretender lender who services your loan will no doubt get a promotion and a large bonus and YOUR HO– USE.
What are you talking about?
I think he is very clear!,,,,,,,,,,,,,,,,,,,,,,lol CLEAR AS DAY!
OK. I understand Mr. vent’s frustration. We all share it.
However, it is not at all clear why Mr. vent indicated that I would lose if I could prove that my mortage¬e were registered in MERS and/or securitized. My understanding is that we are all here because of MERS and securitization. Otherwise we would all be easily foreclosed upon. Many knowledgeable people’s contention is that registration in MERS and/or subsequent securitization results in a clouded title. Also that equity cannot be gotten in trial court because the judges are looking out for the banks and for the 85% of mortgagors who are not delinquent. Finally that appeals court is where issues of standing and holder-in-due-course can be successfully argued, with the ultimate result of the court quieting title in the name of the homeowner-borrower. So it appears to me that uncovering evidence of MERS registration or securitization would be exactly the evidence needed and would be pivotal in winning a foreclosure appeal or a quiet title action. That’s what I mean about being “clear,” and that was what caused me to ask Mr. vent “what are you talking about?”
Bob, what I vent is inferring is that you are way behind on the learning curve.
Thank you Tim Bryant!! My apologies for being behind. Perhaps someone can bring me up to date.
BobSublime, you are not behind regarding the fraudulent foreclosure mess as I read your post but I believe that other’s here are talking about a bigger picture and that being a spiritual war. An actual war between good and evil. There are many actors in the play and numerous acts to follow. Reality as we know it is being exposed as an illusion. We are seeing that nothing is as it appeared to be. Esoterically perhaps this is what MERS is all about really, a final wake up call to everyone. While we deal with our individual mortgages on one level a gigantic war is being played out on other levels that have to do with who will have power when all is said and done. We the People are fighting fiercely against some big players but the really big players are behind the scenes. Everything is being revealed now and the assault on our Heart, as in ‘home is where the heart is’, has shaken us to our core. The people have been awakened and cannot be put back to sleep. While I know there is a bigger picture I am personally committed to exposing MERS and sharing what little knowledge I have regarding this assault on the Heart of the people.
Thank you Alice N.W. I share your pain and revulshion at the depth and speed of the decline of the middle class in the U. S., this mortgage fraud crisis being squarely in the middle of this continued impoverishment of America’s homeowners. I understand the clash between good and evil and I place myself squarely allied with you and others for good and against evil.
But, however good and necessary this is as a rallying cry for us, which it is, I would like to focus on the facts and information that will win legal cases for homeowners. Doing this will strike the largest blow against the evil of the banksters by allowing the borrower to keep the largest investment he or she has. That is, one of the biggest steps against the evil of the banks’ fraud is for the homeowner to keep his or her home by beginning to win cases in court.
Believe me, I do not harbor illusions about the differences between reality and appearances. I went through the bankruptcy and liquidation of the largest airline in the free world in 1991, for which I had worked 25 years, during which a few robber-barons of industry made off with millions of dollars of assets of the airline, while the working employees ended up losing their jobs and pensions, and while our expensive lawsuits against the tycoons disintegrated into dust.. Been there, done that.
I concur with you that exposing MERS is a first-order necessity. I believe that MERS database will soon be made public; through FOIA, whistleblower, hacking and/or some other intrusion. If it exists, which we all believe it does, it will be exposed. The same for the securitization information. (The fact that you or I can get that information for $199 (Neil Garfield) shows that there is some “there” there.)
Tim Bryant, thank you for your concern for me, which I appreciate and acknowledge, but your post proves my point. You contradict yourself in the second paragraph, putting your whole argument at risk. Truly the banks will not benefit from making this MERS and securitization information public, but homeowner-borrowers will. The banks, as confused and erratic as they are, already have access to this information. I speak for making all of this information public to show reality and inure to the benefit of the homeowner-borrowers during their legal proceedings.. ###
It is Mrs, not Mr.
Right on, Alice. They gained our trust by falsely representing who they were. They hide behind the scenes of all of the death and destruction they cause. They pose as American Institutions which they are not. They employ American people but this institution is really a foreign owned and operated political institution that poses as a religous institution A/K/A the SMOM/VATICAN/JESUITS. They are the Catholic Church,the Illuminati, the UN/NEW WORLD ORDER, NATO, ZIONIST ISRAEL, The Council on Foreign Relations, The Trilatteral Commission, the Bilderbergs, the G 8, the WCPA, Big Oil, Big Pharma, the Military Industrial Complex, the Large Multinational corps like Sears, GM, FORD AND CHRYSLER, they own and control the mainstream media and they have corrupted our politicians and are actually some of our politicians and so on and so on. They are the revived roman empire, They wear many disguises… They use perps to hide their identities such as The World Bank, the IMF, the central banks, The Federal Reserve, Wall Street,The Big Banks, Fannie /Freddie. They have hijacked America and are after no less than our National Sovereignty. They hate our freedom. . Death to the New World Order Tyranny!!!!!!!
OK, Mrs. I vent, after everyone else has explained your intent, why don’t you give it a try? How is it that a pretender lender will get a promotion, bonus and my house if I prove MERS registration and securitization regarding my mortgage?
O.k. BobSublime, I will tell you what I meant the best way I can. I will take a couple paragraphs from the Mandelman Matters article entitled: THE SIGNING….Or, Pardon me, Mr. Banker, but your REMIC is showing: Why are the banksters finding it necessay to fraudulently and flagrantly create documents in order to foreclose on homes? What’s the problem here?
The answer is as simple as it is universal. Banks are falsifying documents and having rob-signers sign things because they’re trying to hide the fact that the notes were NEVER assigned to the trusts that are now trying to foreclose on the homes. The trusts are quite simply EMPTY. They hold nothing inside them. Certificates in the trusts that facilitated the sale of mortgage-backed securities to investors all over the world are missing the “mortgage-backed part.” Now the trusts want to forclose, but they can’t prove they hold the loans…… BECA– USE THE FACT IS…THEY DON’T. THE BANKSTERS NEVER ASSIGNED THE LOANS TO THE TRUSTS. ESSENTIALLY NONE OF THEM…..EVER……ASSIGNED……THE….LOANS…….TO……THE……..TRUSTS.
It is SO RARE to find a mortgage’s note legally assigned to its supposed trust, that Max Gardner, who is considered by many to be at the top of any list of the country’s consumer bankrupcy attorneys, and who has also become expert in the issues surrounding the mortgage meltdown and resulting foreclosure and credit crises, has often told the hundreds of attorneys around the country that follow his thinking on the issures and legal remedies, THAT IF ANYONE FINDS A DEAL WHERE THE NOTE WAS CORRECTLY ENDORSED TO THE TRUST, HE OR SHE SHOULD BRONZE IT AND HANG IT ON THEIR WALL.
I guess you could call it the brass ring, because it is so rare, if ever, for a pretender lender to have all of the proper documentation and also to find a note that was ever properly assigned to the trust. If they did have that, that would be “bleeping” golden, for them. Then, they could foreclose with ease and collect on all of their insurance schemes and take your home. BUT, DO NOT BE DECEIVED, YOUR HOME IS PAID FOR FREE AND CLEAR BECA– USE OF THEIR PONZI SCHEME.
If they had the right stuff to foreclose, you would never get a loan modification either. They would rather take the credit default swap insurance money which is worth 3-4 times more than what your home is now worth., then let you pay them back over 30 or 40 years. I was told by an attorney that during the last Great Depression, the banks gave people 60 year loans so they could stay in their homes. That was not lucrative for the banksters and that is why they created CREDIT DEFAULT SWAP INSURANCE.
Thank you Mrs. vent for your attempt. Even though I agree completely with your 4-paragraph explanation about the trusts being invalid, you have still not penetrated my thick skull as to why that would mean I would lose my FCL defense. If you are assuming that if the assets were not transferred then the bank still owns the note, we disagree.
I read and appreciate Mr. Gardner and thank him for his role in educating us and helping FCL defense. Also, Mr. Neil Garfield contends that the transaction operates in reverse from what is usually understood, and actually begins with the investors’ money forming a pool, rather than when the borrower signes mortgage/note.
My point is that even the attempt to securitize began with the selling of the note to a chain of securitizing agents, resulting that the bank/FNMA/FHLMC were all paid in full for the note and have no further claim on the title.
So, I personally believe that if you can prove either MERS registration or securitization, then you can win your case by proving, in the securitization case, that the bank and FNMA/FHLMC/GNMA have sold the note and no longer are holders in due course, and in the MERS case that the mtg/note were bifurcated and the mtg is locked into MERS and irretrievable, whereas the note is unsecured and carries no foreclosure rights.
Also, in parallel with our title issues is the issue if the investors suing the banks over the invalid trusts. The banks have already pocketed the investors’ money, saying that the RMBS Trusts were “non-recourse” transactions, and the investors are out the money. The investors contend multiple frauds in the transaction and want their money back. We shall see, over the next 10 years, who wins this battle. Any verdicts on behalf of the banks would damage homeowners’ cases.
To me, this is a forensics effort; we are all trying to find out what really happened, and I think we will succeed.
This is my last response to this thread. Thank you for your patience in my education.
Bob
Alice,
I for one was not talking about a “spiritual war”. I was saying he was behind the learning curve with foreclosures. It is not cut and dry to just say that my loan is a MERS loan or it is securitized, therefore it goes to auto-void. It is not that cut and dry, unfortunately because in our current situation, a law is not necessarily a law. Meaning that since nobody else is going to enforce the law, which it is THEIR job, WE must prove the legality or illegality. Fraud begets more fraud when the states and federal governments have no will to enforce their own laws (unless it is to oppress us, but that’s another story).
Bob Sublime needs to realize that we must prove the illegality of these mortgages, not just say it is such and such therefore it is no good. That reliance will easily lose your house. If you do not understand the concepts behind your arguments, you will lose. He needs to understand the legal concepts of why MERS is a legal fiction, and the legal concepts of negotiable and non-negotiable instruments involved with securitization, transfers, and assignments, etc. Unless you have an attorney, you better spend day and night researching these concepts to offer a sound legal argument in front of the judge.
That was my comment about being behind the learning curve. I most certainly did not speak of any religious concepts. God is not going to save anyone’s house from foreclosure. Only the homeowner, and / or their attorney, is going to do that.
Bob, my 2nd paragraph is not contradicting myself. The banks DO NOT have the information you believe they have. The banks have long since sliced and diced the mortgages up. That is my point, the information which they do not have, you would be placing at their feet.
The banks are not the ones using MERS, it is servicers, subservicers, contractors, attorneys, etc. Banks do not have the account information, because they sold that off to investors. Servicers do not keep accurate records because they do not gain from your account balance. They only make money off of late fees and service charges. They have no financial incentive to care about your account. Servicers have no allegiance to homeowners or investors. Many servicers NEVER handle your account. The next time you get a letter from your servicer, look at the zip code on the envelope. It is most likely from an entirely different state because a subcontractor is handling the correspondence, not the servicer.
MERS will never disclose under FOIA, since they do not fall under the scope of the Act. GSEs who use MERS could be subject to FOIA. There will be no Sarbanes-Oxley action because MERS, Inc. has no employees…it only exists on paper. You need to read the depositions of RK Arnold and William Hultman. Without the SOA whistleblower protection, it is doubtful anyone of MERS’ “member” employees will come forward.
Your last suggestion would be the most probable….that MERS gets hacked and/or brought down by DDOA’ers. I could agree with you 100% on this front. There are many hacktivists that would love to expose or take down MERS. This appetite will grow the more MERS is in the spotlight.
Because of the other comments, I believe you took my comment as an attack. That was not MY intention. Mine was to draw attention to how the system works for you. I will say no more on this issue.
Thanks Tim. I did not take ir personally. You all have contributed to my education and I thank you all for it.
Fortunately, I do have a good attorney and my FCL case is coming up. Unfortunately he and Carol Asbury say that most probably my title issues cannot be pressed in original jurisdiction FCL court and the appeals court is where title slander claims would most probably be effective.
I agree with you that there is no guarantee of anything.
Thanks Again,
Bob
Tim, I apologize, I misunderstood your response. I do see many here referring to the ones behind the scenes/the bigger picture and your response seemed to me to be responding to those postings. I sometimes find it hard to follow the threads so I am starting to use names when I respond so people know who I am talking to.
I worked in the mortgage industry for 25 years and that is where my knowledge comes from as regards clear chain of title. This is why I am so outraged over MERS. I see how they have destroyed title to every piece of real estate they have their name on. The people that got the brilliant idea of having a central database tracking mortgage loans didn’t have a clue what they were doing. Those people were bankers and title companies. I believe they got away with it for so long that they got careless and started to take a lot of shortcuts and just figured it really didn’t matter, MERS was bringing in big bucks from the pretender lenders to submit their loans to the MERS system. MERS also got the free use of employess of the lenders to act as employees of MERS and didn’t even have to pay all those ‘vice presidents’. (All those ‘vice presidents’ are owed some pretty big compensation in my opinion judging by the salaries paid to all the principals getting the huge bonuses we have been reading about.)
I am totally new to the secutization part of this and have been trying my best to understand all the ramificiations. I understand the Notes do not exist and I know that without a Note they cannot prove the debt. The fact that the Notes were never transferred to the Trust has to have caused much grief to the Trust. The Trust could be my relatives pension fund. (I have to break it down to a personal level and try to figure out how this will effect the balance sheet of the supposed pension fund.) I also am trying to understand the tax consequences that the Trust now has to deal with due to the fact the all the rules of PSA were not followed. That the Trust has no legitimate MBS’s must be causing the managers to have nightmares.
There are so many pieces to this puzzle that my brain is on overload. I just don’t see how this is going to get fixed. My main focus is on MERS and the fact that they intended to do all this transferring by means of their super duper computer database and bypass all the laws regarding recording assignments was a big fail and has come back to bite them.
I realize that my concerns have to do with the origination of the loans and the once legal process/documents required to show that the loan exists. The fact that the Investors had already purchased the loans prior to them even funding and that the amount they loaned was probably not even the correct loan amount , thus two closing statements, is something else all together.
I am also quite dismayed about the secrecy involved in disclosing who the Trust is. Why do they not want the public to know. I can only guess it would be because it was ‘our’ money being used once again and it was all lost because of this scheme. They have to answer to the people who put their faith in the managers of their pension fund and those managers didn’t follow thru by verifying that the rules of the PSA were followed. The just took someones word for it and entered a dollar amount on a spreadsheet with no asset to support that dollar.
I can understand why you would disagree about a homeowner doing the work of discovering which Trust the loan was supposedly put in but does it really matter at this point in time. The Trust doesn’t have the loan anyway, no one appears to have any legal ownership because of the way this was handled. MERS was the keeper of the records. MERS was the agency that was supposed to do all of this legitimately and they didn’t. The fact that TPTB want MERS to ‘fix’ their system is laughable. MERS can’t fix it now, they have destroyed it. That anyone believes this can be fixed is laughable. It simply cannot be unraveled.
I believe that the only solution at this point in time are actions to quiet title by everyone who has MERS on their recorded documents and if that means we own our property free and clear than so be it. This would be justice for We the People.
Bob Sublime, since that was your last post on this thread you will probably not be responding to my comment. The fact that the mortgages are unsecure debts is my point. The truth is in the origination fraud. No I do not believe the banksters have the original notes nor do they exist any longer because they were never securitized properly, and they were copied and shredded. IT IS CALLED CYBER SECURITIES FRAUD. WHY??? The “lender” never perfect the collateral lien because there never was a lien because of the Ponzi Scheme and they destroyed the evidence of what they did by destroying the notes.. They needed collateral, that is all they wanted which was our signature on those notes. Our promise to pay and the money flow that was generated by our signature was the only security backing these loans. They never had any skin in the game. Fannie only invested 3-4 cents to every dollar of these loans. Their books are cooked with a lot of UNSECURED promises to pay a debt from a lot of people who they knew were bad risks and would fail and then they bundled up too much bad risk with a few good loans and sold them to investors as good as gold and that is how they set the good homeowners up to fail with the bad. THEY WANT A NATION OF RENTERS, THEY WANT NO REAL HOME OWNERSHIP, THAT IS PROVEN IN THE UTTER ARROGANCE OF MERS. THE LIARS LOANS…WERE JUST THE SET UP TO FAIL FOR AMERICA . .MERS destroyed the clear title for the pretender lender, but that is far from the only thing they did wrong and that is far and away not the only thing preventing them from fraudclosing.. THE PROOF OF WHAT THEY DID is in the ORIGINATION FRAUD and I do not mean the LIARS LOAN part. They were all LIARS LOANS because no loan was ever made and therefore no lien could have ever been secured. It was all a big con job. The loans were a fraud and never existed because of the PONZI SCHEME. Fannie and Freddie are the real culprits here. Those foreign owned and operated GSE’s, assumed many identities throught out this Ponzi Scheme and hid behind the scenes of the entire scam posing as every entity imagineable from even before the origination to fraudclosure. Our homes are paid for, and the American side of this PONZI SCHEME knows this is true. They made hundreds of trillions off of this scheme for themselves and their perps. This may be the biggest attempt at a foreign multinational takeover of America without the enemy ever firing a shot in U.S. HISTORY. I believe the begining of the massive cover-up for this PONZI SCHEME began on 9/11. When they flew those planes into those buildings they really flew those planes right into Wall Street. The foreigners hiding behind the scenes of this manufactured financial crisis and 9/11 are who hate our freedom and want no Sovereign nations. They do not want the American People to own anything but the debt they create out of thin air. Death to the Foreign Multinational Tyranny that have infiltrated and hijacked America through our own TREASONIST POLITICIANS and through institutions posing as American institutions, they are not American Institutions.
Why would we have a national registry of mortgages? That is what the county land recorders are for. It has been the rule of law since our country’s inception.
No offense Bob, but what you are suggesting would only benefit the banks. They have no idea of who owns what. You would be placing this information at their feet. They should, based on their fiduciary responsibilities, already have this information.
The other issue with your registry idea is that the MERS database is not public. What is on the “MERS for homeowners” site is BS. Since there are no MERS employees, the database is not overseen. It says whatever the servicer wants it to say. There is even a MERS membership rule which allows the intentional misrepresentation of beneficial interest in mortgages at the servicers request.
Finally, the securitization information on EDGAR only tells you the principles in the sale of the securitization. The investors (certificate holders) are the true beneficial owners of the debt obligation. You will NEVER see this information posted. You must do the research yourself. Also, their is no record in EDGAR of any particular loans. They are pools of loans. I can also tell you first hand, the SEC has no interest in helping you. They are there for the investors.
If you wanted to create a registry, why not do a shadow registry like MERS? If the courts find that MERS is legal, then we most certainly can have a shadow registry to “hold only legal title” as nominee for the mortgagor in the public records. Since they attempt to use the county records to gather info for their “created” documents, they would never be able to do this again. Your records would show the shadow registry as mortgagor, as MERS shows as the mortgagee. THEN, LET’S SEE HOW THE BANKS WOULD LIKE THE TABLES BEING TURNED. That would stop foreclosures for sure !!!
Tim, regarding ‘the court’ finding MERS legal..this is what makes my eyes cross…everyone of ‘the court’ that has a mortgage loan has a fraudulent mortgage loan. I think that is the database we need, a site that posts the publically recorded fraudulent documents on the homes of those of ‘the court’ that are approving the fraudulent foreclosures.
further, we need to bring this to them and make it personal. ‘The court’ needs to find they are not immune and could be one day approving their own fraudclosure because they simply aren’t paying attention..in fact, I would bet this has already happened.
If you are speaking of a national registry of homes fraudulently taken by foreclosure, and approved by the courts, and showing the documents used to do it…I am all for that.
I would also like to see one where the known robosigners, and the documents that were robosigned, are sent to the current homeowners who may be affected in the future. I feel it is their right to know instead of waiting to get blind-sided. One would think 3-years into this that “consumer protection” would be important to the state AGs.
Tim, I am talking about what you refer to in the second paragraph. Send ‘the court’ copies of their robo-signed docs to that they can see that they are not immune to this scam. I remember serveral months ago that someone posted obama’s robo-signed docs, perhaps it was this site.
The people that think they are above the law have to know that they are affected and if We the People have to show them then that is what we need to do. I believe that is the only way we can make them understand how serious this is. Make ‘the court’ fix their own property records. I am really serious about making this personal We are all in this boat together and I don’t care if they are a judge, sheriff, senator, representative, lawyer, banker or whatever. If they continue on this path of illegally evicting people from their houses than let them see that they could be next. The Servicers don’t have an allegiance to anyone, that is quite clear. The people the Servicers are going after are just account numbers and the records are so sloppy that I believe it is quite possible that many people in the above mentioned professions have received some kind of notification and/or have had to do some pretty exotic leg work to get out of the proceedings. I just don’t believe that out of the millions of foreclosed on properties that all of the above have somehow eluded the process.
I don’t know how to create a database for something like this. I like your fist idea too, to give homeowners a heads up that the title to their property is tainted. This is why I tell people to come to this site and read the information here. People have to realize that they are not ‘deadbeats’…they are victims. I see so many people ‘hiding’ the fact that they are in foreclosure. They are so ashamed and feel they have done something wrong. I try to tell them they are not and to please read about the fraud.
An aside, I remember when I was in the mortgage business I dealt with people who have filed bankruptcy. They were so full of shame. Many didn’t want to talk about it and it way my job to make them tell me what had happened. These were good people that had experienced something bad in their lives and the only way out was to file bankruptcy. I didn’t look down on them, I just needed them to relive what had happened by writing a letter explaining everything. No big deal. (Certainly there were people that abused the bankruptcy laws and it was obvious by looking at the pattern on the credit report that they were most likely the ones who would do it again for convenience sake and this was a consideration on whether the loan would be approved or not.)
I also know that many people did intentionally abuse the loan system that was put in place in the last few years. I do believe however, that the people that used the system are a small percentage of the millions of honest, law abiding citizens that didn’t know. They just didn’t know. They didn’t know and how could they. They had no real estate background. They depended on the ‘professionals’ and they believed the ‘professionals’ were working for their best interests. Little did they know they were simply a dollar amount, someone’s commission.
I am just sick about all that happened and I can’t emphasize enough that people need to get over the shame they feel about loosing their homes. They should not be ashamed, this was a deliberate act to deceive people and use them to enhance a balance sheet and make a lot of money by a select few in the mortgage industry and on Wall Street.
I think courts are well aware of the situation. Some are kicking these dirtbags out of court, Others, i.e. FL unfortunately, have a “questionable” judiciary. In these cases, the docs need to be made public to the media. This would show that the judges still made “bad” decisions even though the fraud was properly presented to them. This would call out those judges whose judgment is “impaired”.
Tim, yes I see this is happening. More and more the people in charge are getting it. Everyday I see this happening and it gives me hope. Now I wish they would just put a moratorium on all of this mess and start working on solutions.
I JUST LOVE MISSPEELERS.! YOU R ON A ROLL!!
This is fantastic!!!! I can’t find any attorneys like this in Illinois. They are either cowards or they are bank bitches. I think the banks pay them to lie to us. They probably make more many by lying to us and helping the banksters than by helping us. There is no money in it for them to help homeowners is the impression I got. I was told by a few corrupt attorneys, you really can’t afford me.
KINDA SAD SO MANY EVIL PEOPLE!
Yes, it is sad but God knows who they are. I would not want to be them. I read a prophecy from a book that said there would be a time that would come in the future that would be like a modern day blood on the doorpost from the books of Ezekiel and Exodus. The prophecy said that heaven is protecting with a seal all of those with God.
The prophecy also states that “Rome will lose the faith and become the seat of the Antichrist. The Church will be in eclipse, the world will be in dismay.” But now, Enoch and Eli will come, filled with the spirit of God, and many souls will be comforted. They will condemn the devilish lapses of the Anitchrist. There will be bloody wars and famines, plagues and infectious diseases. It will rain a fearful hail of animals. There will be thunderstorms which will shake cities, earthquakes which will swallow up countries. Voices will be heard in the air. Men will beat their heads against walls, call for their death, and on another side death will be their torment. Blood will flow on all sides. Who will be the victor if God does not shorten the length of the test?
“All the blood, the tears, and the prayers of the righteous, God will relent. Enoch and Eli will be put to death. Pagan Rome will disappear, And then water and fire will purge the earth and consume all the works of men’s pride and all will be renewed. God will be served and glorified.”
I FOR 1 AM READY FOR BATTLE!!!!!
You are right, God rules.. Satan’s time is short and he knows it.
REMEMBER THIS……………………….ELI,,,,,,,,,,,,,,,,,,,,,,,,,,DOESNT RULE!
You don’t need an attorney in Illinois. You need an attorney licensed to practice in Illinois. Look outside of your state for attorneys who can practice in you state.
Thanks, Tim. I was told by someone, if you can believe this, to get an attorney from my own county to represent me. The deception is everywhere. I have to go back to court next week because they added another debtor to my fraudclosure complaint and they filed a MOTION FOR LEAVE TO FILE AMENDED COMPLAINT FOR FORECLOSURE. I don’t even know where Citi came from, neither of us have ever had credit with Citi or have I seen any proof from the court that they were granted a Memorandum of Judgement. I think they are trying to force me to file B.K. I am going to go back to my recorder’s office and do some investigating and then go talk with a bankrupcy attorney this week some time. TY, again. I am really getting sick of all of these bastards hauling us into court for b.s. It costs us 50 bucks every time we go downtown for parking and gas. What a racket they have going on.
I see an Abuse of Process lawsuit in Aurora’s future….LOL
ME TOO!
AURORA IS A BIOTCH!
YAYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY