Howdy Folks | Oklahoma Supreme Court Attacks Fraudclosure Head On in TWO STRONG January 17, 2012 Opinions

And sometimes, folks, I could almost cuss.
~ David Randolph Milsten Oklahoma poet, author of Howdy Folks the Oklahoma State Poem

~

“This is fun but dangerous work. We’re attacking people with deep pockets and they’re not real happy with us and the body of work we’ve presented. ” ~ Phillip Taylor 2012

My name is Phillip Taylor. I am an Attorney who lives in Tulsa, Oklahoma. I’ve been a resident here for over 25 yrs. Originally from Richmond Va with a “home” territory that spans from Ocean City Md to Vero Beach Fl and all points in between.

I hold a BA in Behavioral Psychology from the University of GA (1983), and a law degree from Tulsa University (1992). I have been involved in the real estate industry since 2000 ranging from speculative investor, homeowner, mortgage broker, I’ve helped establish net branch mortgage lending operations, I’ve generated title opinions as an attorney, and I somehow – by default – landed in my current position as a foreclosure defense attorney (which has been my niche specialty since Oct. 2008). I’m about the only guy in these parts defending homeowners from the fraudsters and I actually receive referrals from attorneys and staff who work at the local foreclosure “mills” – which is kind of interesting and quite a compliment.

The State of Oklahoma is quite conservative although we have strong roots in music and the arts. Unfortunately, our Judges have been held hostage by the mill firms who have somehow convinced the Judiciary that whatever the mills submit is true, accurate, and correct – which is a load of horse hooey. The mills have been lying, stealing, and cheating the courts since the late 90’s so the behavior has become somewhat ingrained and “trusted”. When I came along, the world of foreclosure changed. The mills became overly aggressive and uncooperative, the judges became stiff and unwilling to listen to our arguments relating to black letter law such as standing, proper party in interest, statutory language, the UCC, etc. . Needless to say it’s been a long uphill and tough battle.

Last week we earned TWO major victories from the OK Sup Crt on the same day. I’m not sure that’s ever happened before. One lawyer – two wins – same day – highest state court. It was a real game changer and it put the mills in a new frame of mind. They’re on their heals right now and confused. We’re seeing withdrawals, dismissals, and non-appearances at disposition dockets en masse. They’ve been so accustomed to having their way that they’ve all but given up. This is HUGE for homeowners who need help. Where does this take us? Obviously, we’ve broken through. We have the Courts’ attention when it comes to such issues as standing, endorsements, and proper assignments. They’re starting to educate themselves about the robo-signing debacle and false affidavits. The game is getting interesting. Our strategy right now is geared towards making the banks submit to unconditional failure and withdrawal. Hopefully, we can begin performing Quiet Title Actions following request for curative documents (mortgage releases, cancellation of notes already paid by insurance, etc.).

This is fun but dangerous work. We’re attacking people with deep pockets and they’re not real happy with us and the body of work we’ve presented.

~

Deutsche Bank National Trust Co. v. Byrams

A review of the note showed no indorsement. In its brief in support of motion for summary judgment Deutsche Bank attached a document entitled “Assignment of Mortgage.” This assignment of mortgage was acknowledged and stamped as being recorded with the County Clerk of Tulsa County on January 26, 2010–over one month after the filing of the foreclosure proceeding. The trial court granted summary judgment in favor of the bank, and the Byrams appealed, arguing that the bank failed to demonstrate it had standing to bring the foreclosure action.

Deutsche Bank National Trust v. Brumbaugh

…there is no indorsement whatsoever…It is a fundamental precept of the law to expect a foreclosing party to actually be in possession of its claimed interest in the note, and have the proper supporting documentation in hand when filing suit, showing the history of the note, so the defendant is duly apprised of the rights of the plaintiff.

~

4closureFraud.org

Comments
30 Responses to “Howdy Folks | Oklahoma Supreme Court Attacks Fraudclosure Head On in TWO STRONG January 17, 2012 Opinions”
  1. Michael McGuire says:

    I’m in foreclosure with BOA and have been sense June 2016 they gave me back overcharges on my late fees for the term of the note, I think that opens the door to no statute of limitation on fraud, so maybe now I can find an attorney who wants to go after the 21 payments they owe us on our lost mortgage they rewrote oh and I found a second mortgage we never new about, so did they pay off just the first or were they nice and pay for the second mortgage that WS hidden

  2. IN Oklahoma City: we paid $19,000. for a commitment to pay-off a mortgage, the Oklahoma Bank foreclosed its mortgage as the bank and our lawyers refused to tender mortgage satisfaction documents to to title Company, took our motel appraised for $1,500,000 in 1985 netting $100,010. after taxes at sheriff sale . If interested email (vincent.germano123@gmail.com OR phone 832-914-0562 Have COURT RECORDS

  3. Mr. Taylor, I need you. Would you please send me your contact information? I am near Tulsa. I do not know who owns my loan. PMI paid and the office of thrift supervision stated that the servicer is not the lender and they do not own my note. They are foreclosing on me now. they are seeking summary judgement hearing date mid january. There are many factors involved… including civil rights issues. You may email me at wolf_society@pmx.us. thank you.

  4. Greg west says:

    Evidently this means NOTHING to Baer, Timberlake et al. In my foreclosure the SHYSTER firm filed aa pleading with exhibits purported to be the EXACT note and mortgage on file with the County (Wagoner), they were not even close to being the same. I filed 36 affirmitive defenses, a cross claim etc.. It took the SHYSTER FIRM over ONE HALF YEAR to reply, judge allowed it. What they filed inessence was a NEW pleading along with NEW exhibits! No motion for leave to file ammended wa ever filed, judge allowed it. We filed Motion To Dismiss and For Sanctions, jusge ignored it. SHYSTER FIRM has now filed a Motion For SJ. Hearing has been set. What a scam.

    • Tim Jester says:

      So what happened?

      • Greg West says:

        Well just as you may have expected. I was thrown out on my ass. My wife and I have lived in Walmart parking lots in a Van (Going on 2nd Van, first was stolen) since 2010. I have money, am a 100% Service Connected Totally & Permanently Disabled Veteran – but with my credit score forever ruined now (536), I can’t even pass a credit app for an apartment. The VA you might ask? The advice of the HOMELESS VETERANS PROGRAM at the VETERANS ADMINISTRATION was and remains; “You have enough in disability to live in a failry nice motel…” NO HELP NO ADVICE NOTHING!!! Meanwhile, my service dog died in a Texas Walmart parking lot, I have been hospitalized for numerous weather related health issues, my teeth have fallen out and on and on… My wife has fared no better. She is down to 90 pounds from 130, has migraines, no teeth and on and on and on.. Such is life. We stay at Walmarts that have a McDonald’s inside because they most generally leave the wifi on 24/7. Life ain’t it grand! So GLAD I SERVED THIS COUNTRY FOR 31 YEARS OF MY LIFE!!

  5. The Billdozer says:

    Mr. Taylor,

    Congratulations on your big wins!

    However, were the foreclosures actually dismissed by the Oklahoma Supreme Court? What happens now to these loans? It seems to me that the two decisions simply kicked the cases back to the district court for further review. Even worse, in my humble opinion, were the last two sentences of the rulings which somehow were left off of the quotes above:

    “Likewise, for the homeowners, absent adjudication on the underlying indebtedness, the dismissal cannot cancel their obligation arising from an authenticated note, or insulate them from foreclosure proceedings based on proven delinquency.”

    and

    “This Court’s decision in no way releases or exonerates the debt owed by the defendants on this home.”

    As I understand things, even if the bank dismissed the cases (which you know they won’t) they could simply refile the foreclosure action and the homeowners would be right back where they were before, except now they would be out of even more money, out of their home and they could even be looking at a personal judgment for the amount beyond the amount the bank recieved from the foreclosure sale.

    Am I wrong here? Please let us know!

    Keep up the good work!!!!

    • Phillip Taylor says:

      We’re still working thru some of the language on re-hearings. Byrams is still up while Brumbaugh is now mandated and State law. Another case will be addressed soon as will the other 20 something cases awaiting decision. We never deny owing someone some money on the note… we just don’t know WHO is owed and how much because in 99% of the cases the servicer’s records are an accounting nitemare.

  6. Barbra Orr says:

    Yeah for the Oklahoma Supreme Court- 2 cases one lawyer- tres bien

    • Phillip Taylor says:

      Yeah, that was pretty special. A third case Lyon cam out that affirmed the trial court. We took it up on a Petition for Re-hearing yesterday.

  7. Joe Gaffney says:

    Is Florida still part of America? Of course, even that doesn’t appear to matter! I think judges “like” pretty paperwork and intelligent sounding attorneys, the complete and perfect bundle, which seems to do more to convince them you are wrong than any ol’ “evidence!”

    It’s hard to believe we’re in America! The criminals now own the system!

  8. To Tell The Truth says:

    Congratulations for every victory, albeit how small or seemingly insignificant to some…this was a job well done especially since it involved Deutsche,,,and there will be more of these victories where Deutsche is concern and GMAC and Homecomings and ALLY and INdymac…

    You eat an elephant one bite at a time…you walk the 10 miles one step at a time…there are good attorneys and good judges…let us call them forth to show themselves and do the work they are called to do…keep the faith.

  9. OkiefromMuskogee says:

    So proud of the Oklahoma Supreme Court.

  10. Charles says:

    Keep fighting . We are having issues in the 4th DCA here in South Florida. Judges need to follow the rule of law.

  11. MARGETTA LANGLOIAS PRO.SE says:

    IN FLA. JUDGES ARE”CORRUPT,” AIDING” & “ABETTING” FRAUD, “OBSTRUCTING JUSTICE” TO
    CREATE A “GROSS MISCARRIAGE JUSTICE” THEY GIVE THE FALSE “ENTITIES” EVERYTHING.
    BY FRAAUD, PERJURY, FORGERIES &
    W/ “NO”OWNERSHIP BY A NON-EXISTING ENTITY IN FLA.7/15/08 FILED FORECLOSURE ,
    FOR MY INS. CHECK 4/12/05 CHECK.

    1). 1ST JUDGE GAVE THE ATTY. THE FINAL SUMARY JUDGEMENT $ 293,000 3/13/09 W/ “NO”
    PRODUCTION OF DOCUMENTS. W/ A “PERJURIED” AFFADAVIT.

    2). THE JUDGE GAVE THEM THE FORECLOSURE 4 MO. LATER STILL BY A COURT ORDER TO PRODUCE DOCUMENTS.(IGNORED)(7+ ATTY.’S LATER) 7/14/09

    3). SAME 1ST. JUDGE GAVE THE ATTY. ORDER FOR MY INS. CHECK & AFTER TO FIND OUT HE HAD
    “NO” JURISDICTION TO DO SO DUE TO THE ALLEGED & A’NON- EXISTING’ FLA. ENTITY I WAS ENTITLED TO IN 2008, FROM 4/12/05, NONE OF FRAUD CO/’S (5) TOTAL NOW ARE ALL OUT OF BUSINESS
    FIRST 1 ENTITY G.R.P. LOANS L.L.C. NEVER EXISTED IN FLA WHILE I WAS UNAVAILABLE W/ NOTICE ON REC.FROM 5/10/10-9/15/10 FOR FUKK HIP SURGERY.

    4). 1ST.JUDGE TRIED TO GO BEHIND MY BACK ON 5/24/10 & GAVE ATTY.MY CHECK FROM 2005 ‘ILLEGALLY”BUT IT WAS OVERTURNED.
    BY 2ND. JUDGE DUE TO “NO” G.R.P. WAS PROVEN 8/9/11 TO JUDGE.

    5). THEN 2ND. JUDGE PUT A “STOP” FILING PAPERS ORDERS AFTER I PROVED TO HIM “NO” G.R.P.
    W/ “GOLD” SEAL FROM TALLAHASEE, FLA ‘NEVER’ EXISTED. FROM O.F.R. OFFICE OF FINANCIAL REGULATIONS. 20 DAYS LATER ON 8/29/11..

    6).THEN ON 101011 HEARING TO”VACATE”JUDGEMENT,”REVERSE”THE JUGEMMENT & HOLD THE ATTY. :LIABLE” TO PAY ME FROM THE ILLEGAL DISPLACEMENT , LOSS OF HOME BY FRAUD, HARDSHIP
    “OVERTURN THE ILLEGAL FRAUD FORECLOSURE,REVOKE THE ILLEGAL SALE THE 2ND. JUDGE ALLOWED,REFUSING ME ‘INJUNCTIONS” FROM 4/5/11-7/27/11 & AFTER ON ANY SALES &/OR PENDING SALES
    “RETURN’ MY HOME TO ME W/ WARRANTY-DEED TO ME ONLY, &”DISMISS’ THIS CASE 51-08-CA-5736 WS/ J2 W/ “PREJUDICE”

    7).(ALL) 6 MOTIONS “DENIED” (BY FRAUD BY THE JUDGE WHEN HE FOUND OUT LAST CO. NO.# 5 CO. COULD NOT BE A LEGAL SUCESSOR TO 1 ST CO.ON 10/10/11,

    8). JUDGE IS CONDONING BY MORE FRAUD TO ALLOW NON-EXISTING D.L.J. GONE OUT OF FLA. 12/31/10 8 MO. BEFORE THE SALE A QUIT CLAIM DEED / SALE 7/27/11.

    9) THEN 2ND JUDGE CONTINUES MORE FRAUD & ILLEGAL AB– USE OF DESCRETION OF JUDICAL
    MISCONDUCT TO ALLOW NO.# 5 NON-EXISTING CO. TO “CLOSE” CAAASE OUT THAT NEVER EXISTED.

    10). I’VE BEEN ARGUING I NEVER SIGNED, DATED , SEAALED, &/OR DELIVERED ANY DOCUMENTTS TO
    NON-EXISTING TO G.R.P. LOANS L.L.C. DON’T EXIST.

    11). I’VE BEEN FIGHTING A “PURPLE” ELEPHANT FOR 3 A1/2 YRS. I ADVISE PEOPLE TO “KEEP”APPEALING’TO KEEP CASE OPEN, THEN GO TO OFFICE OF FINANCIAL REGULATIONS TO VERIFY IF YOUR CO. IS LEGAL.

    12). NOW I’M IN APPEALS W/ 4 APPEALS IN LAKELAND, FLA.”DISMISSED” SINCE 11.09-1 /12

    13). I HAVE 6 APPEALS THAT WERE BEING UPHELD NOT RECORDED BY THE COURT OF APPPEALS FROM DEC. 6,2011-1/19/12 W/PROOF “NO” G.R.P. LOANS L.L.C. “NO” D.J.L. NEVER EXISTED & NOAW

    14). I HAVE “6” NEW APPEALS NOW ON RECORD 2D11- 6547- 2D11-6552 IN LAKELAND , FLA.

    15). MARGETTA LANGLOIS PRO.SE’ VS. (CURRENTLY UNKNOWN APPELLEES)

    16). DUE TO :”NO” FLA ENTITY “NO” G.R.P. LOANS L.L.C. “NO” PLAINTIFF “NO” CASE,”NO” FLA. JURISDICTION ALL (3) JUDGES HAVE COMMITTED OBSTRUCTION OF JUSTICE & CREATED A “GROSS
    MISCARRIAGE OF JUSTICE”…BY FLA. CIVIL PROCEDURE RULE 1.120 (A) & STATUE 865.09
    “FACE-LESS” PLAINTIFF ….

    17). NOW I AM ASKING FOR EVERYTHING BACK & I TRIED TO ALERT THE NEW (IGNORANT OWNERS’ )

    NOT TO SPEND THEIR MONIES IN MY HO– USE I OWE THEM NOTHING, LET THEM CHASE THE PURPLE ELEPHANT LIKE THE JUDGE’S HAD ME DOING.

    18). PASCO COUNTY FLA. IS SO CORRUPT THE SHERIFF’S DEPT.NEWSPAPER, WON’T GET INVOLVED,
    I PAID AN ATTY. $ 1100 5/3/11-HE TOOK MY MONIES & NEVER SIGNED ON MY APPEALS OR AFTER
    FORECLOSURE BUT BEFORE SALE 7/27/11

    19).I AM ELIGIBLE FOR A “FREE” LAWYER BUT NONE AVAILABLE FOR ME”SO CONVIENANT”

    20). BUT I CAN NOT FILE ANY PAPERS THE “STOP” ORDER SAYS W/ OUT A FLA. ATTY. IN GOOD STANDINGS W/ THE FLA. BAR, JUDGE SHAAFER MADE SURE “NO” LAWYER
    WILL TOUCH THIS CASE

    21).SO JUDGE CAN GET MORE “KICK-BACKS” FOR MORE ILLEGAL” JUDICAL MISCONDUCT…

    22). THESE JUDGES HAVE A PERSONAL VENDETTA, BIAS, PREJUDICE, DISCRIMINATING, &
    HAVE OVER STEPPED & BROKEN THE LAAWS & NEED “J-A-I-L”

    23). JUDGE’S, ATTY.’S COURT, & ALL INVOLVED SHOULD BE HELD ACCOUNTABLE FOR “CRIMINAL” TACTICS.

    24). I AM NOT THE ONLY ONE THEY HAVE ‘SCREWED” ILLEGALLY…WE NEED TO DO SOMETHING.
    IF YOU HAVE BEEN RUN THRU THE GUILITINE BY PASCO CIRCUIT COURT JUDGE’S PLEASE CAALL ME @ 727 326-3629.

    DO NOT MOVE OUT OF YOUR HOME KEEP FIGHTING & APPEALING I.VE HAD 13 APPEAALS ON THIS 1 CASE !!!!

    • COCO says:

      1. SAXON TOLD ME TO GO LATE IN 11/07 AND THEY WOULD GIVE ME A LOAN MOD THROUGH HAMP
      2. WENT LATE AND THEY ISSUED A LOAN MOD IN 7/08 WITH JPMORGAN CHASE AS LENDER
      3. SENT CHECK FOR $1700.00 TO A LAW FIRM IN TEXAS. CHECK CASHED BUT JP MORGAN RF– USED TO SIGN LOAN MOD. SAID THEY DID NOT OWN THE LOAN.
      4. I DID NOT MAKE PAYMENTS BECA– USE SAXON COULD NOT TELL ME WHO OWNED THE LOAN.
      5. SAXON TOLD ME WACHOVIA OWNED THE LOAN BOTH ORALLY AND IN WRITTEN LETTER. I CALLED WACHOVIA. THEY NEVER HEARD OF ME. I DID NOT MAKE PAYMENTS.
      6. LIS PENDENS ISSUED 12/08
      7. RECRUITED TO A LAW FIRM BY A NON LAWYER. HIRED THE FIRM. NEVER TALKED TO AN ATTORNEY ONLY A NON LAWYER THAT GAVE ME BAD LEGAL ADVICE.
      8. LAW FIRM FILED MOTIONS, INTERROGATORIES, ETC. STATING THAT BONY HAD NO STANDING TO FORECLOSE. ASKED FOR CHAIN OF NOTE AND MORTGAGE. PLAINTIFF DENIED
      9. WAS TOLD NOT TO ATTEND HEARING IN MARCH, 2009 BY THE NON LAWYER. NO ATTORNEY APPEARED FOR ME. SUMMARY JUDGMENT GRANTED THE SAME DAY THAT THE PLAINTIFF FILED THE SUPPOSED ORIGINAL NOTE(MORE ABOUT THAT LATER)
      10. MAY, 2009, PLAINTIFF CANCELLLED THE FORECLOSURE SALE
      11. I ENTERED INTO A LOAN MOD WITH BONY. THEY DID SIGN THE AGREEMENT. I PAID $1350.00 FOR 7 MONTHS ON A HAMP TRIAL. SAXON SAID I DID NOT PAY ON TIME EVEN THOUGH I HAD PROOF. DENIED HAMP.
      12. I ENTERED INTO A SHORT SALE AGREEMENT IN MAY, 2010.
      THE APPRAISER THAT SAXON SENT OUT VALUED THE PROPERTY TOO HIGH. IT DID NOT SELL. ASKED FOR A REDUCTION IN PRICE AND AN EXTENSION AFTER THE LISTING WAS UP IN OCTOBER. DENIED.
      13. TRIED TO ENTER INTO NEW AGREEMENT IN JULY, 2011 AND NOV. 2011. SENT AND RESENT PAPERWORK MANY TIMES. SAXON SAID THEY NEVER GOT IT.
      14. EX PARTE MOTION TO RESCHEDULE FORECLOSURE SALE 11/11.
      15. MANY MOTIONS , AFFIDAVITS, FILED BY ME TO VACATE SHERIFF’S SALE BECA– USE OF FRAUD UPON THE COURT.
      16. PLAINTIFF FILED AN ASSIGNMENT OF MORTGAGE FROM MERS TO BONY WITH THE SUPPOSED ORIGINAL PAPERWORK IN 3/09. FIRST PAGE OF ASSIGNMENT HAS THE DATE OF 11/07. VERY STANDARD FORM WITH NO SIGNATURES, DATES OR NOTARIES. 2ND PAGE WAS SIGNED BY ALFONZO GREENE IN DAKOTA COUNTY, MIN AND DATED 2/26/09. ALFONZO GREENE IS A KNOWN ROBO SIGNOR.
      17. ATTORNEY FOR PLAINTIFF SAID THAT ASM DO NOT MATTER. THE MORTGAGE FOLLOWS THE NOTE. IF IT DIDN’T MATTER THEN WHY WAS IT SUBMITTED TO THE COURT?
      18. I ASKED FOR A HEARING TO VACATE THE SHERIFF’S SALE AND DISMISS THE SUMMARY JUDGMENT. HEARING WAS GRANTED 5 DAYS AFTER THE SALE. SALE 1/5/12. HEARING 1/10/12.
      19. PLAINTIFF’S ATTORNEY SAID THAT I HAD NO CASE AS TOO MUCH TIME HAD ELAPSED-MORE THAN A YEAR. I STATED THAT THERE IS NO STATUTE OF LIMITATIONS FOR FRAUD UPON THE COURT.
      20. JUDGE GRANTED A 60 DAY EXTENSION FOR CERTIFICATE OF TITLE.
      21. I CONTACTED BONY BEFORE THE SALE. THEY SENT ME AN EMAIL STATING THAT SAXON WAS THE ONLY ONE THAT COULD CANCEL OR DISMISS THE SALE AS THEY DO NOT PHYSICALLY OWN THE LOAN OR HAVE ANY SAY IN HOW THE PROPERTY IS DISPOSED.
      22. I HAD CONTACTED SAXON BEFORE THE SALE. THEY SENT ME A PACKAGE WHICH I RECEIVED ONE DAY AFTER THE SALE WITH A MYSTERIOUS ALLONGE SIGNED BUT NOT DATED BY THE INFAMOUS CRYSTAL MOORE. IT IS A SUPPOSED ALLONG E TO THE NOTE. IT HAS A BARCODE
      23. SAXON ALSO SENT ME A COPY ORIGINAL NOTE WHICH HAS NO ENDORSEMENT FROM NOVASTAR TO JP MORGAN CHASE.
      24. PLAINTIFF’S ATTORNEY FILED A SUPPOSED ORIGINAL NOTE WITH A RUBBER STAMP SHOWING THAT NOVASTAR ENDORSED THE NOTE WITHOUT RECOURSE TO JP MORGAN. NO ORIGINAL SIGNATURE OF NOVASTAR ON STAMP. STAMP HAS NO DATE.
      25. SAXON SENT ME A MILESTONE PAPER SHOWING THAT BONY BECAME THE INVESTOR FOR MY LOAN ON 11/15/11.
      26. I HAVE A PRINT OUT FROM MERS SHOWING THAT MY INVESTOR WAS JP
      AS LATE AS 10/10/010. SINCE MY LIS PENDENS WAS FILED BY BONY IN 12/08 THAT IS ANOTHER REASON THAT THEY HAD NO STANDING TO FORECLOSE.

      FRAUD HAS BEEN COMMITTED UPON THE COURT. I HAVE BEEN SENT FRAUDULENT DOCUMENTS THROUGH THE MAIL FROM THE LENDER AND THEIR ATTORNEY.

      THE BANK OF NEW YORK MELLON AS SUCCESSOR TRUSTEE TO NOVASTAR MORTGAGE FUNDING TRUST SERIES 2005-2 DOES NOT HAVE A MASTER LOAN SCHEDULE FILED WITH THE SEC. THE ONLY WAY THAT I CAN FIND OUT IF MY LOAN IS IN THIS TRUST IS TO WAIT UNTIL THE FUNDS ARE DISBURSED TO BONY ON 3-12-12. I RECEIVED THE INFORMATION THAT THE SEC HAS ON MY CASE DIRECTLY FROM THEM-CERTIFIED-NO MASTER LOAN SCHEDULE. PROBABLY THOUSANDS OF HOMES HAVE BEEN WRONGFULLY FORECLOSED UPON BY THIS TRUST.

      I NEED TO APPEAL MY CASE THIS WEEK. DO YOU KNOW IF I HAVE TO GO THE APPELLATE COURT OR FEDERAL COURT? I KNOW YOU HAVE TO BE CAREFUL BECA– USE OF JURISDICTION ISSUES. I CAN BE REACHED AT cocobeach5@gmail.com. THANKS.

      • lvent says:

        COCO..that is a real horror story…Maybe Neil Garfield or someone over at living lies can give you some advice..?.Who was the attorney from your closing? Maybe he or she can advise you…These pretender lenders try to trap people in their web of lies and deceit…Are you sure they sold your loan .?…I mean the entire loan not just interests in the note…That is the biggest deception…! Did you see the delivery and confirmation receipts?…google search the words…THE PROBLEMS OF FORECLOSURE TITLES IN NSP AQUISITIONS……..GO TO LINK TO THE PDF…THAT EXPLAINS SECURITIZATION AND WHAT THEY NEED IF THE NOTE IS UNINDORSED:

        FOUR ASSIGNMENTS AND DELIVERIES AND ACCEPTANCES OF THE MORTGAGE

        FOUR ENDORSEMENTS AND DELIVERIES OF THE NOTE

        EIGHT SEPARATE NOTARIZATIONS

        EIGHT UCC-1 FINANCING STATEMENTS

        FOUR RECORDINGS

        FOUR FILING AND TRANSFER FEES

        CHECK TO SEE WHAT TYPE OF ASSIGNMENT CREATES A LEGAL LIEN IN YOUR STATE…IN ILLINOIS IT HAS TO BE AN ASSIGNMENT OF BENEFICIAL INTEREST TO A LAND TRUST….IN ILLINOIS IT DOES NOT NEED TO BE RECORDED BUT A RELEASE OF MORTGAGE DOES..IF THEY SELL YOUR LOAN TO ANOTHER BANK…A SERVICER IS NOT A BANK…EITHER IS MERS…REMEMBER AN ASSIGNMENT CAN ONLY GO BANK TO BANK….THEY ARE TRYING TO MASK THE FACT THEY NEVER SOLD YOUR LOAN…JUST INTERESTS IN THE NOTE…HUNDREDS OF TIMES…

    • COCO says:

      I also paid an attorney that never showed up at my court hearings. I tried for two years to get them to talk to me. They finally withdrew this year. The new owners of your home are probably in denial. It sounds like you have a broken chain of title and definite fraud upon the court was used to foreclose upon you. I am asking for triple damages and a whole lot of money for pain and suffering. I can be RE SUED . It sounds like you can be, too. We will suffer irreparable harm as will the new buyers. There are cases of where the banks have had to rescind the sale and if the new buyers have spent money on improvements to the property they are out of luck and will have to leave the property. If we did what the banks are doing, we would go to jail. It looks like headway is being made regarding the fraud. I may have to move out initially but I will make sure that Saxon Mortgage Servicing and Bank of New York Mellon as well as their attorneys have a really hard time reselling this property.

  12. A very tiny victory compare to all the foreclosure injustices, property right violations, massive fraud, robosigning and abuses, but a victory is a victory we may win this but in very very small steps but still we may

  13. lvent says:

    Is CNN trying to humor us ith their show entitled… Your Money..? While they talk about the housing crisis and describe it as a cancer from within….! ARROGANCE IS BLISS FOR THESE LYING BASTARDS..! They are saying CLEAN OUT THE FORECLOSURES…SCUMMY FILTHY LYING PIG BASTARDS…THESE CRIMINAL BASTARDS HAVE NO LEGAL RIGHT TO TAKE ANYONES HOME…! The media and the politicians should all be in GITMO FOR TREASON..

    MASS DECEPTION BY THESE TRAITORS IS THE BIGGEST CRIME OF OUR TIME…!

    • lvent says:

      FORECLOSURE IS A CANCER……GOOGLE IT…..WATCH THE BLOOMBERG INTERVIEW WITH CHRIS WHALEN….DECEPTION AND LIES ARE THESE COMMIES GREATEST WEAPON OF MASS DESTRUCTION! DO YOUR HOMEWORK AMERICA…! THIS IS THE SAME THING THE NAZIS DID TO GERMANY…ON STEROIDS! THEY ARE SNEAKING IN THE SAME DRACONIAN MEASURES UNDER THE GUISE OF OTHER THINGS AND USING BIG LIES LIKE PEOPLE BOUGHT HOMES THEY COULD NOT AFFORD…WHEN IN REALITY..ONLY 20% OF THE LOANS WERE LIARS LOANS!!!!! OR YOU SIGNED THAT MORTGAGE CONTRACT….PAY OR LEAVE!…THERE IS ALOT MORE TO PROPERTY LAW THAN THAT FRAUDULENT MORTGAGE CONTRACT…! PROPERTY LAW IS POWER…DONT BACK DOWN AMERICA….! STAND UP FOR YOUR RIGHTS..!

      • lvent says:

        I called the Governors office at election time and asked him …Who is the bad guy here..is it the Democrats or the Republicans..? He laughed and said…you better do your homework…So I took his advice and found out the COMMIES ARE HIDING IN BOTH PARTIES…..! MWAHAHA!!!

  14. Joe Gaffney says:

    These outcomes are really nothing more than homeowner-defendants have been screaming for five or six years! It is about time. All attorneys representing homeowners-in-supposed-default need to bring this to their attention as soon as possible – say, tomorrow! If your attorney expresses disillusionment with it, find another attorney – and ask for a refund!

  15. Andrea Guice says:

    My foreclosure case is one that shows how corrupt the judicial system truely has become!
    Now the burden of proof is shifted onto the homeowners?! Really?! But in this case, I have the proof!
    Sooo, what happens when the judge denies the homeowners foreclosure, though the banks clearly committed fraud, but because the banks claim (supposes)”we have the note” the judge (blindsidedly) believes the ingenious and attractive suggestion that the banks present to be true’, claiming that the ‘defendant’ (homeowner) has NO PROOF otherwise to defeat the banks! Guess what case has the proof?!
    Sooo, what happens when the same judge gets an opposition against his MSJ with the ‘evidence’ that shows that: the “banks forgot their translation for shaping their lie, ie., they forgot that they admitted in writing to the homeowners bankr case that they “didn’t own that note?”
    Originality often contain obvious superiority to that of other versions that ‘its originality’ can scarcely be disputed! A text which is a translation (banks forgery) betrays the fact by certain indications which are almost always certain to show themselves! (true versions have no blemish)
    Yes Virginia, there is something called TRUTH, & JUSTICE ought to follow!
    HSBC v. Guice (OH)
    Andrea Guice

    • lvent says:

      Andrea….We have to place the burden of proof is on them..make them prove through discovery the chain to the original note and mortgage.. An attorney told me remember…you are not an attorney….make them show proof of standing..when you accuse them of fraud, then the burden is on the you to prove.

  16. lvent says:

    Glad to see the rule of law is making a come back in the United States of America! .Wake up America…! Do your homework…PROPERTY LAW IS POWER..! Please stop believing everything you are told and do your homework..!

  17. ChrisYAHanWatcher4YAH says:

    It seems the AH TORN ey has been victimized by the Public Fool Schools Mis-Education as In-ARTfully describing His Self as a Resident [ Public officer, subject slave, citizen,,] thou This seems to actually suffer the DisAdvantage of Having a Soul, and some apparent Good Intentions?

    Hope My Okie Brothers and Sisiters have Gotten RID of the N.W.O. Agenda 2021, Rex84, Global Extremist: David Boren, and are now Throwing Off the Chains of Slavery, and eclaiming their: Boomer Sooner Roots. GOOD JoB O.K. Pray

  18. Good for you & homeowners in OK,job well done and to a future that is of service to citizens in need of a lawyer.I have so many original unsigned documents that Bank of America even Forged entire blank page with the help of lawyers that have NO moral fiber.I no longer think of the “Professional person” in any regard and with contempt I do battle alone with Bank of America.I caught them NOW the OCC needs to become the solution for folks in the USA and scold the bankers.

    • Katheryn says:

      Great to see an attorney making some progress but there are only a handful of attorneys like you willing to take on the lying theiving banks. My state does not have one single attorney who is willing to take them on and I have been fighting on my own. I am not alone as there are too many unrepresented and too many courts refusing to follow and rule in accordance with the law for those that do find help. Bank of America is one of the top offenders and is so dishonest that it is beond belief that they continue their abuse of the system as well as individuals. If the legal system does not crack down, start ruling for the individuals and we start seeing some criminal prosecutions, these offenders will continue to offend and laugh at our legal system while they deposit the US economy in off shore banks. The excuse by the politicians that they are too big to fail is just more BS to make everyone fearful. It is no different of a threat as Chicken Little running around screaming the sky is falling. The merit in their argument is equivalent to that of Chicken Little. They can all go pound sand.

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