N.J. Judge Allows 4 Major Banks to Resume Uncontested Fraudclosure Proceedings

For Bank of America’s Home Loan Servicing division, Williams wrote that the company’s submissions showed “that it has processes and procedures in place” to ensure the information it submits in foreclosure cases is based on personal knowledge of the relevant records, “which were made in the regular course of business.”

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N.J. judge allows 4 major banks to resume uncontested foreclosure proceedings

TRENTON — Four of the country’s biggest banks can now resume their uncontested residential mortgage foreclosures in state court, a Superior Court judge ruled today.

The decisions come nearly nine months to the day after New Jersey Supreme Court Chief Justice Stuart Rabner cracked down on more than 30 residential mortgage lenders and servicers over fears judges had inadvertently “rubber-stamped” files with inadequate or inaccurate paperwork and people were unnecessarily put out of their homes.

Bank of America, Citigroup, JPMorgan Chase and Wells Fargo were among six financial institutions that filed more than 40 percent of foreclosures in state court last year. They were also selected for a document review because testimony nationwide indicated that the companies had previously encountered “robo-signing,” when employees of mortgage lenders sign foreclosure claims without any personal knowledge of the application’s contents.

Today’s decisions mean the banks — most of which have effectively stopped filing new foreclosures since December because of the court’s actions — can now go forward with thousands of pending and future cases.

Under the court’s order, the banks were required to submit paperwork explaining how they process foreclosures, including how they review documents, train employees and keep records.

Check out the rest here…

Documents

http://www.judiciary.state.nj.us/superior/documents.htm

http://www.judiciary.state.nj.us/superior/f_59553_10.htm

http://www.judiciary.state.nj.us/superior/f_00238_11.htm

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4closureFraud.org

Comments
28 Responses to “N.J. Judge Allows 4 Major Banks to Resume Uncontested Fraudclosure Proceedings”
  1. proverb28n9 says:

    Here it’s 2016 and NJ court systems, judges, attorneys ….etc. are still at it. They’re all in it together, the minions make a little green paper,(real money is silver and gold) the upper gain power and control. It actually has gotten worse. These beings, (they can’t be people) are purely evil. Also, don’t forget you can sue these attorneys for willingly aiding and abetting the “banks” in fraud. Any lawyer or judge who tells you the “banks” have standing without having a proper note is a part of this evil corruption and should be noted. There should be a database of all that are in agreement and aid with corrupt thievery.

  2. George says:

    File Lawsuit For:

    First of all, the Servicer (Wells Fargo, Bank of New York, Bank of America, Citi, Chase..etc) 1) wrongfully filed the foreclosure by not being the true owner of the loan/mortgage, 2) not having the original promissory note, 3) not filing assignments with the local county land recorders office each time the loan is sold and bought as a mortgage backed security it is changing hands meaning there is new ownership and an assignment is to be filed by law for change of ownership – not doing this breaks the chain of title of ownership of the mortgage, 4) using MERS (Mortgage Electronic Registration System) to assign mortgages on Wall Street electronically, which by passes the local recorders office and the banks avoid paying assignment fees, taxes, etc. MERS can not assign anything since they have absolutely no vested financial interest in the loan. Tell me when to stop! Oh, 5) the Robo-Signing which is perjury and fraud in legal documentation which is presented to the Courts by the servicing banks and their attorneys..! This now includes their attorneys office as presenting fraudulent documentation as well. / So, if a homeowner owes $200,000.oo on a defaulted home, I believe the 5 items above are enough to sue for at least the remaining amount of the loan due, and more then possibly sue for a greater amount for punitive damages.

    In a nut shell, the servicing banks remain as the existing owner of the mortgage at the land recorders office as if nothing is going on, while they actually sold the loan/mortgage to Freddie Mac & Fannie Mae which are in return selling the mortgage off into bits and pieces to investors. So the homeowner makes the mortgage payment to the servicer, which already sold the loan, then they keep a percentage of that, they send a percentage of that mortgage payment to Freddie & Fannie and they keep a percentage of that, and they give the investor a percentage for buying a mortgage backed security. So they are all making money along the chain. It’s like a Mob controlled Pizza shop, the servicing banks are up front selling the pizza while the mob is in the back selling MBS deals. Hello… Racketeering! The servicing Banks, Freddie and Fannie, deliberately, intentionally, and with total disregard, are committing Fraud and Racketeering against homeowners and the courts. This all didn’t happen by accident. This started years ago when the banks needed more mortgages to sell as a security, so they began to write up and approve mortgages just to create more commodity (mortgage-MBS) to sell to investors, whether the homeowner would be able to make payments or not they didn’t care, as long as they had more product to sell.. They always just knew they would be able to foreclose and try to foreclose quickly. But they are finding out they can’t.

    *** If this were a murder case, it would be classified as premeditated.

    • George….Very well discribed….that sure will help others who have a hard time understanding this massive scheme…and I agree…it was all in the blueprints AND WAS/IS PREMEDITATED…..there certainly was NO accident about this whole planned crime…. IT WAS DELIBERATE WITH A CA– USE AND REASON………….

  3. George says:

    MORTGAGE CRISIS

    Years back the banks began to turn a mortgage into a commodity, with good paying mortgages, then they saw they were running out of this commodity, so the big banks, including Fannie & Freddie started approving loans to almost anyone and everyone, not so much to just give that person a home to have, but they were more concerned about creating more of the commodity. More securities to sell to investors. They even knew some home owners would not last several years or several months, as long as they could say to investors, “Hey, we have more mortgage backed securities to sell”.

    Now, to sell all these securities, they would have to create a mortgage assignment which is normally recorded with the county land recorders office for a fee. Physically, that would take up too much time and money, so the big banks invented and created MERS,(Mortgage Electronic Registration System). This electronic service was only created to track mortgages sold and bought in the secondary securities market. MERS legally has no invested interest in the mortgage, so they truly are not able to transfer or assign the mortgage acting as a nominee of the loan. But they are! Wrong. The chain of title of the mortgage is broken right here at this very early stage. The mortgage/note has to be assigned from one owning entity to the next owning entity. MERS never owns the loan, but they are creating and are listed on assignments at the local land recorders office. Now that the mortgage was bundled, sold and bought back and forth with investors, no continuing assignments are recorded with the county recorders office. By not recording these documents, Fannie & Freddie & and all your Big Mortgage Servicing banks are saving millions-billions on recording fees, and possible taxes, etc.

    What I have found was that the Servicer of the mortgage is listed with the county recorders office as if they own the mortgage, while Fannie & Freddie or other Big Banks are selling the bundled mortgages as securities. Kind of like a Pizza shop cooking pizza legitimately up front, and a mobster selling off investments in the back. (Racketeering). The Servicer up front really is not the owner of the loan, and they tell you this. They also admit that your loan is owned by Freddy or Fannie, or the Investors. So when the Servicer now tries to foreclose on a homeowner, they are not truly the owner of the loan, and you have to own the loan to foreclose!!! Many never even question the Servicer and walk away from their home. Now to foreclose as quick as they can, that’s where the robosigners come in. These people do not review anything in the foreclosure paperwork about the loan, but only sign a name on the affidavit page on thousands of mortgages to get the foreclosure going before any homeowners begin to catch on.

    You see, its a matter of a quick process the Servicing banks want to achieve in order to get the property in their possession, only to sell it. The crazy thing is, when the originating bank gives the loan, then sells it to the 2nd bank which mostly ends up being the servicer, they again sell it to the 2 major players (Freddie & Fannie) and they sell the mortgage back securities to investors. So the servicing bank gets paid for the mortgage and still collects payments toward the mortgage and a percentage goes to the Servicer, Fannie & Freddie and the Investor. So they are all making money. Then the Servicing bank comes to foreclose and if they are allowed to foreclose they get the home without true ownership, even though the loan is actually sold off into bits and pieces to investors. I can go on further, but to conclude, if this were a murder case, I would call this act of the banks premeditated, not an accident. This was all planned out in order to reach the highest profit they could using the mortgage backed securities as a commodity, and have total disregard, deliberately, intentionally ruining the lives of millions of homeowners.

    • lvent says:

      Well when you have no skin in the game and the U.S. taxpayer is funding the entire operation what did they care who they gave a loan to? Thiis mortgage fraud ponzi scheme was about no more and no less than the ruling elite setting American up to fail so they could steal everything from all of us and then our country……Wall Street, their cohorts and minions are whores working for the ruling elite….This was not about money, this was about world domination by the ruling elite and putting full control of everthing and everyone in the hands of the few… that is their ultimate goal…..TOTALTITARIANISM…and they are all no more than lousy rotten theiving liars who want us to think they lent us money, they did not….We The People lent the money, not the banks…This was the biggest Ponzi Scheme Swindle and Heist of our wealth in history….and We The People want everything they have stolen from all of us given back with interest…and the crooks thrown in prison…..!!.

  4. Jim Bethea says:

    Thanks for your kind words ~ I have been fighting this corruption for over 12 years ~ in the credit card and mortgage fraud ~ I can clearly remember masses of people [even some close friends] telling me that if what I was saying about the Fed Res and our corrupt banking systems were true, then they would be in jail ??
    Well some are now telling others that me and Jim knew this a longtime ago!!! hee hee ~ but that’s OK by me because at least they are spreading the word ~

    We usually go after the banks prior to any foreclosure actions but it all works at any given time if you work it correctly ~ Even though it has been a for profit business for me over the years, I am always more than glad to pass along any of these things that I have learned over the years to anyone that is in trouble for free ~

    No one person willl solve these particular banking problems ~ But thanks to so many I can now hear the “drums beating” for justice ~

    Again, Thanks for your kinds words…Jimbo

  5. Eugene Villarreal says:

    To Jim Bethea ;
    Thank you for your input. It’s welcomed news that there are persons outside of New Jersey that show an interest of the corrupt judicial system in New Jersey. The sad part is that New Jerseyans in foreclosure do not “Get It”. They have to be thrown out of their homes and then realize that they could have done something to save their home. All they had to do is start asking questions.
    You may or may not know of a decision by the New Jersey Appellate Court, August 9, 2011, where the defendant’s, Jacqueline Bethea, case was remanded back to trial court because Deutsche Bank did not have STANDING. Sheriff’s Sale was vacated, the final judgment and the order granting summary judgment were remanded to the trial court. It’s a good decision for all homeowners in New Jersey and the fact that this judge who wrote the opinion was the same judge who denied my pro se foreclosure case a Motion to Vacate Summary Judgment. She was in trial court before being temporarily assigned to the appellate court. What a miraculous transformation.

  6. Jim Bethea says:

    Another quick note: Anything that you need to make the court aware of, NEVER EVER ASSUME THAT YOU WILL WIN WHEN YOU GO INTO A COURTROOM AND TELL THE TRUTH AND EVERYTHING THAT YOU KNOW ABOUT THE BANK’S FRAUD ~ If you DO NOT INCLUDE IT IN YOUR COMPLAINT FOR CROSS-COMPLAINT ~ the judge can say that anything that was not included in your complaint cannot be heard here today!!!!!!!!!!!! I also use a form that I have that describes the whole fraudulent loan origination and funding process whereby the banks risks nothing so there can be no damages [No Injured Party] No injured party, then what the hell are we doing here in the first place???? I also have set of questions for depostitions and for a bank officer on the witness stand [if you could ever get one there – hee hee] Subpenoa a bank officer or someone that signed their fraudulent perjured documents and these bottom-feeding collection attorneys will barrage you with PROTECTION ORDERS FOR THESE PEOPLE [ they are sick – they are out of town – they just quit working for the bank] but if any of the bank’s BS with their names included should not be allowed a evidence if the source is invalid or un-obtainable for questioning ~~ There are so many magic bullets to put these crooks in place ~~~ good luck with your ventures

  7. Jim Bethea says:

    Marilyn were there is fraud alleged you can demand a trial by jury ~ my state of SC and the US constitution states that any money issues over $20.00 ~ yes twenty dollars sets the standards for a trial by jury ~it’s a good idea to file a separate motion for a demand for trial by jury and a separte NOTICE for a Fair and Impartial Trial ~ this is very important to file both of these sometime around Discovery Cutoff time ~ I do it for my clients a few days after serving the Summons & Complaint or on the other side With the Answer to a Complaint ~ These two documents will do two powerful thngs; 1. It will put the judge on notice and layout the facts that if he/she cannot rule BY LAW instead their opinions then they should RESCUE themselves and be replaced by another judge that can [i.e. if another judge is substituted YOU MUST BE SURE to file another NOTICE of Fair and Impartial Trial as well…… 2. When the opposing attorneys receive their copies of the 2 aforementioned motions / notices, they will know that you know what you are doing and most of the time they will either stall around until the 12 month clock runs out for prosecution or just plain file for a dismissal if they are the Plaintiff ~~ I have filed Impeachment again 2 different judges and both have resigned before any formal hearing ~ One of the crookest resigned with only 2 years left until full retirement ~ lol
    Don’t let them BS you at the Clerk’s office because they are suppose to have sworn oath in effect as well as the judges ~~~ Most don’t have current Oaths of Office but that’s a whole different avenue that I use ~ lol

    • Vicki Anthony says:

      Hi Jim, I live in Wisconsin and am facing a foreclosure with IndyMac/OneWest Bank. I do not believe that they have the legal standing to foreclose. Can you help me??? 715-355-5014. Thankyou. anything is appreciated!!

  8. Eugene Villarreal says:

    From the “Report of the Special Master Concerning JP Morgan Chase Bank and Chase Home Finance, LLC”
    Page 2.If each uncontested mortgage foreclosure were to be heard by a judge with presentation of oral testimony, the judge could cross-examine the witnesses to determine the reliability and veracity of testimony presented. However, uncontested foreclosures represent over 90% of all residential mortgage foreclosure proceedings pending in New Jersey and presentation of oral testimony is not a sensible or practical way to resolve the thousands of foreclosures filed every year. Therefore courts have traditionally relied upon the truthfulness of affidavits or certificationssubmitted to support a mortgagee’s request for a judgment of foreclosure. When confidence in the reliability of such submissions is lost, the court must be persuaded by the mortgagee that it has processes and procedures in place that will restore the necessary confidence to justify the court’s reliance on documents submitted”.
    Who does Special Master Richard J. williams, J.A.D.(Ret.) think started all this tusami of fraudulent foreclosures. For expediency sakes, he is willing to deny DUE PROCESS to homeowners so that the banks(pretender/lenders) can get a free house. Is it not the same mortgagee(pretender/lender) who is still submitting these fraudulent affidavits/certifications that the court is still relying on their truthfulness ? Nothing has changed. This retired judge and the rest of the judges need to step out of the box and enter the 20th century.

  9. Eugene Villarreal says:

    New Jersey Rule 4:64-2 (b) and (c).

    These little gems is what is only whispered in the judges back rooms. (b)- Contents of Proof of Amount Due. If the action is uncontested, the plaintiff shall file with the Office of Foreclosure an affidavit of amount due, which shall have annexed a scheduleas set forth in Appendix XII-J of these rules. …. (c)- The affidavit prescribed by this rule shall be sworn to not more than 60 days prior to its presentation to the court or the Office of Foreclosure.
    Judges have been allowing Certifications, which do not require to be sworn to and a notary is not required, instead of AFFIDAVITS which does require it to be sworn to and notarized with the schedule, Appendix XII-J. attached. The banks balked at this, but the court had to restate it TWICE. The judges have neglected their duty as officers of the court just like the bank’s lawyers. If you read the reports from the banks and the Special Master, you will see that these little gems are not mentioned even though were forceibly restate TWICE during this court order. Along with the banks, they should all be brought up for their crimes.

  10. Jim Bethea says:

    As in all cases of our statutory / admiralty courts, someone must be an injured party ~ This is no more than the regular backroom deals ~ When I was in law school one of my professors said ” to hell with due process — if you really want to know how judges treat due process of law? — he said: this is when the judge already knows how he is going to rule even before he takes his/her seat at the bench but acts interested while he/she is trying to figure out how they are going to explain their ruling to the court ~ He was probably correct when it comes to bank fraud ~~ Backroom deals pretty much covers all of the bad or sinister rulings against LAWFUL LAW [ The is a big difference in the tricky avenues of law between the word “legal” and the word “lawful” ~~ lawful is how the judges should rule [supported by annotated rulings] – while “legal” is anything that they can get by with ~~ lol

  11. Eugene Villarreal says:

    NO ONE IS READING THE REPORTS and AFFIDAVITS. Supreme Court Justice Rabner didn’t read New Jersey Legal Services report to the court about ALL THE FRAUD. The Special Master, Richard J. Williams, J.A.D.(ret.) that reported to the court didn’t read the AFFIDAVITS or prima facie. and judge Mary C. Jacobson didn’t read the reports and who approved the reports that allowed these four banks to continue their fraud. FOR EXAMPLE : If anybody would have read the “AFFIDAVIT of Chris Collins on behalf of JP Morgan Chase Bank, N.A” ,filed July 28, 2011, and the “REPORT OF THE SPECIAL MASTER CONCERNING JP Morgan CHASE BANK, N.A. and Chase Home Finance, LLC, filed August 15, 2011, they would see that it looks very likely that Chris Collins wrote the report for the Special Master. Word for word. Sentence by sentence. It’s the judges who need to be held accountable for this continuing criminal fraudulent foreclosure process. Where’s the rope ?

  12. Charles says:

    What are the banks paying the judge? I met MERS is part of the scam.Where is the Attorney general?

  13. yvonne says:

    WOW! He has got to be kidding!!! He is not a lawmaker….and cannot stop due process, can he? And what does he mean by “uncontested foreclosures” and in “which were made in the regular course of business.”? And I guess Ally/Deutch is still negotiating an attractive alternative with him….

    • lvent says:

      This is really bad. These banks are a rogue regime that has hijacked America. They are being allowed by the New Jersey Supreme Court to paper over fraud. The criminals are saying these are “paperwork” mistakes because they are overwhelmed with fraudclosures. The Supreme Court is corrupt and allowing this to be done to the American people. They are ALL traitors working for the enemy, the New World Order..They never had the proper paperwork in the first place and they are all criminals including the Supreme Court for allowing this F**K Obama and F**k Eric Holder. They all need to be arrested for treason….Rick Perry was RIGHT about Bernanke and the same goes for the Obama Administration as well as Geithner and many members of Congress…They are all TRAITORS, Wake up America!!!!!…These traitors are allowing the New World Hoarder to steal your country for an UNSECURED DEBT THAT THEY ARE NOT EVEN OWED…!!!!

      • I vent….This whole set-up is so disgusting…. I was reading a link you had posted…and I was shocked to see Lee Iacocca listed….I had met him years back in the 80’s before his wife died…In Michigan (won’t say where) my husband did work on many regular customers homes…all very well off…in corporate and politics….and in one estate in the lower level (walk in from back) was a large area with a large table and many chairs….on the large wall was a blown up photo as a mural covering the whole wall of Iacocca…I did part time work for the man ( a widower) who owned the home and I asked him why this photo was so important to him and he said they were very close friends and club members..with alot in common. At that time it meant nothing to me but another name mentioned in the link did….and that person lived on Key Biscayne FL….waterfront 2 houses down from a family we knew and were close to. It may be a small world but once you start seeing the writing on the walls…it starts to add up. knowing and meeting so many thru our friends….who owned a large steel corporation…..OMG..I wish my husband were alive today to fill in the missing links…that I don’t know….and maybe he never knew.

      • lvent says:

        Marilyn, this is a vast conspiracy….there are many players in the big club that we aren’t in..I think instead of the New World Hoarder they ALL should just call themselves U.S. STEAL…….or even more appropriate ALL STEAL…..

      • lvent says:

        Here is a good one Marilyn, I think you will find the humor in it….Last fall right around the time I was really getting into uncovering all of the fraud in my own mortgages, after I contacted the AG’s office, and the FBI about all of the fraud….I missed a 6 a.m. phone call from ALL STEEL CORP…..I called back the number and they told me that someone must have dialed wrong…Coincidence???…I don’t believe in those anymore…..

      • lvent says:

        Marily, I would even call it bizarre and a bit creepy.. After I contacted the higher authorities about my mortgage fraud, alot of unexplained weird stuff has happened.

      • lvent says:

        Marilyn, one more creepy thing.. A friend who is law enforcement told me to call the FBI after my loan mod fraud… I spoke with the FBI about my loan mod denial from the U.S. Treasury, they told me to contact Fannie Mae because they are the GSE…I called them and the guy from FM asked me, what is it that you would like Fannie Mae to do for you? I told him my loan mod story and told him I wanted a loan mod and I clearly qualified he said there is nothing FM can do with the servicers…Then my phone froze completely and I couldn’t shut it off. That has never happened to me before or since… I think it was because I had satan on the other line..

  14. Jim Bethea says:

    Here we go again with the judicial control and payoffs ~ whether it is under the table money or threats of removal and power control ~ these crooked judges are ruling from their own opiinions instead of the law ~

    NO ONE SHOULD EVER GO TO COURT THESE DAYS UNLESS YOU DEMAND A JURY AND KEEP THE JUDGE’S CONTROL AND BIAS OPINIONS IN CHECK….PERIOD

    How can a NJ state supreme court justice rule to allow the banksters to continue their illegally documented foreclosures when the US Sup Ct has ruled on separating notes makes them null and void?

    Perjury and Fraud should be treated as such no matter where it is found ~ state or federal….

    Looks like when you put such BS rulings of this recent NJ judge and the plans of putting all 50 US AG’s offices enforement of banking fraud under one umbrella is PRIME EVIDENT that the Illuminati controls all of the banking and court systems for their own personal greed and gains??????????

    I will be glad to see the day come soon when all of these banking crooks and crooked bottom-feeding collection lawyers and their judge friends while be tried for treason of their sworn offices ~~

    • Jim….I thought with foreclosures no one can ask for a jury….this I had read only concerned the foreclosures….that the judges final word was the decision….and I agree….these judges are just going thru the motions in the 5 minutes allowed per case….they already know what the results are….the rules and laws as we know them are not the rules and laws the judges are following….and a removal or a threat may be the reason……

      • lvent says:

        Marilyn, do you have an attorney.. You can take what you learned here and get an attorney.. Your attorney can move to dismiss the case on a technicality like slander of title, fraud, Civil Rico or bankruptcy like that attorney talked about in the podcast here a few weeks ago? The attorney said you can file that motion to dismiss anytime during the fraudclosure and then the pretender lender has to prove their case and may even withdraw the case. Even in the event you lose in foreclosure court you can motion to reconsider to signal to that judge that this is going up on appeal and you use that as the opportunity to perfect the record and thats the way you prepare the record for appeal. That gets you out of foreclosure court and gets you a jury trial…I think the attorney said the pretender lenders dont have standing in Federal Court or in Bankruptcy because the court lacks jurisdiction. The fraudclosures are not legally enforceable there because they are now the defendant and they are forced to show proof of standing… Jurisdiction cannot be waved because the lender cannot be a stranger to the mortgage..Jurisdiction exists only if the Plaintiff owns the mortgage. The holder of the note is not neccessarily the person who has standing.. These pretender lenders do not have standing because they don’t have the original notes or the clear chain of title because they lost track of ownership of these loans at Origination…They cannot fix those fatal flaws at this late date….Remember the attorney said you have to get out of foreclosure court..You can’t get fair treatment in there the judges are attempting to collect a debt for the banksters…

  15. Readdocs says:

    So where do these procedures and documents originate from?
    Did the judge look at whose templates and printing presses were used
    to make up the documents?
    Does this mean forensics can’t be used to challenge the legality of
    the documents?

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