FORECLOSURE CASE BOMBSHELL – A JUDGE EXPLAINS WHY FORECLOSURE IS A FRAUD!

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FORECLOSURE CASE BOMBSHELL – A JUDGE EXPLAINS WHY FORECLOSURE IS A FRAUD!

CHASE, in the instant action, committed a fraud upon the Court by claiming to be the plaintiff. FANNIE MAE should have been the plaintiff as the owner of the note and mortgage when the BUTLER foreclosure action commenced.

After numerous misrepresentations to the Court by various counsel for CHASE, it is clear that the actual BUTLER mortgage and note, given in 2007 by the defunct WASHINGTON MUTUAL BANK, FA [WAMU], was acquired in 2007 by the FEDERAL NATIONAL MORTGAGE ASSOCIATION [FANNIE MAE] from WAMU. Despite CHASE’S claims, before December 2011, to the Special Referee and the Court that it owned the subject mortgage and note, plaintiff CHASE only purchased the servicing rights to the subject mortgage and note from the FEDERAL DEPOSIT INSURANCE CORPORATION [FDIC] in September 2008, when WAMU was seized by the FDIC.

Plaintiff CHASE, as will be explained, never owned the subject BUTLER mortgage and note. Therefore, CHASE had no right to foreclose on the subject mortgage and note. Moreover, the continued subterfuge by CHASE and its counsel to the Special Referee and Court that it owned the subject BUTLER mortgage and note demonstrated “bad faith” in  [*3] violation of CPLR Rule 3408 (f), which requires that “[b]oth the plaintiff and defendant shall negotiate in good faith to reach a mutually agreeable resolution, including a loan modification, if possible.”

This case is troubling because various counsel for CHASE falsely claimed for almost two years, from January 20, 2010 until December 2011, that CHASE was the owner of the mortgage and note. Ultimately, in late 2011, after the subject mortgage had been satisfied, plaintiff CHASE’s counsel admitted, in opposition to defendant BUTLER’s October 26, 2011 order to show cause, that plaintiff CHASE did not own the BUTLER mortgage and note, but only the servicing rights to it. CHASE’s counsel, in its opposition papers, submitted an affidavit, dated December 9, 2011, from Greg De Castro, “Director-Servicing Management” of FANNIE MAE, claiming that FANNIE MAE acquired from WAMU the BUTLER Mortgage and Note and “Chase is the servicer of the loan.” Further, Mr. De Castro makes the ludicrous claim, in violation of New York law, that “[a]s Fannie Mae’s servicer, CHASE has authority to commence a foreclosure action on the Loan and to receive and/or collect the proceeds from the sale of the Property.”

Rest here…

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4closureFraud.org

 

Comments
15 Responses to “FORECLOSURE CASE BOMBSHELL – A JUDGE EXPLAINS WHY FORECLOSURE IS A FRAUD!”
  1. tusense96761 says:

    We got bamboozled in court. The judge had her mind made up before she even looked at our arguments. It all came to a head when we received foreclosure papers and a court date which didn’t allow the full 20 days but only 18 to appear in court. We were unable to find a lawyer in that amount of time that specialized in foreclosures and was up on all that was happening around the country in the courts with foreclosures. We used a lawyer friend of ours to help us file for an extension because we weren’t given the legal time frame of 20 days and also stated our objections to the foreclosures in the same paperwork. On the 18th day my Husband appeared in court because we hadn’t heard from the court. We assumed when we went to court the judge would rule for us to come in a few days but instead she ruled that she was going to hear the case right then without giving us our 20 days. We were expecting the judge would give us the extension because the court hadn’t given us the legal amount of time. She proceeded to hear the case right then and there. She, the judge, didn’t seem to have our paperwork , and my Husband bought up our points and then the judge found our paperwork on her desk under a bunch of other files. She obviously wash’t prepared. One of our objections was that we wanted to see if the plaintiff had the note, the judge said yes but they didn’t have the note. My Husband must have gotten frazzled because he believed the judge but there wasn’t any note in the foreclosure suit paperwork. The judge ruled for the plaintiff ,end of case, a whole five minutes.
    We filed an appeal and we are waiting to hear. We don’t feel like we were heard. We reminded the judge that the plaintiff needed to show us the note and we also wanted to know if there was bifurcation, if the loan because of the default status had it been settled by the insurance company with the Trust. We also wanted to know if their were commingled funds that funded our loan. None of this was addressed by the plaintiff lawyer or the judge and the judge ruled against us. Can homeowners sue judges?

    • i am so glad you filed for an appeal. we have so many facebook pages now. this is so wide open. to start fraudclosure fighters and wells fargo sucks are 2. there is also national mortgage strike , and dont foreclose on me. you can go on these sites and ask questions. i think you can file a complaint about a judge and if that judge is on your next case (your appeal) i think you can “RECUSE” a judge. please join us in facebook. I have been fighting 5 yrs some other even longer. we have many lawyers on our pages as well. some of these pages are “closed” so you need to ask to join. but then your info is safe from the general public. you can always private message for even more safety. I have a friend that is in the business of pre-paid legal fee’s. called legal shield. you can find her on facebook her name is Yasmin rosario colon . this is an amazing product since you dont have to pay out large retainers and large monthly fee’s. I also have been through a foreclosure and my judges kept giving the bank more time to produce documents. more time and more time turned into almost 2 years. finally my lawyer motioned to dismiss. but it was dismssed with out prej. which makes no sense. after almost 2 years of not producing a single shred of evidence they had standing to foreclose and now are aloud to fabricate documents and come back after me. so i know your pain please join us

    • C. Osborn says:

      Get and read the book…..Fighting the Foreclosure Machine (Robert Janes). You are the defendant…the Bank is the plaintiff…..Make them PROVE they are PETE….Make them PROVE they have the right to do what they are doing.

    • can judges be sued for rulings of a fraudulent foreclosure claim?

      • izraul says:

        That is a question everyone should focus on. Although opinions will conflict, the fact is judges can be held accountable for any wrongdoing. You have the right to disqualify any judge, at any time, for any reason. Judges aware of conflicts have a legal duty to recuse themselves. There is no discretion in a judges duties to act. A non-judicial act, is a ministerial act and judicial immunity is only reserved for judicial acts. There’s no immunity for criminal acts, assisting, conniving or ignoring others engaged in criminal acts.

        “Under Federal law which is applicable to all states, the U.S. Supreme Court stated that if a court is “without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void; and form no bar to a recovery sought, even prior to a reversal in opposition to them. They constitute no justification; and all persons concerned in executing such judgments or sentences, are considered, in law, as trespassers.”Elliot v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828)”

        A judge warring with the constitution is guilty of treason. Judges pathetic attempts of grand jury tampering to limit our recourse will not save their sorry asses. The same goes for lawyers. These legal imposters need pray as it only takes one monster at law, in law, for law, Unfortunately, attorney’s of that stature are far few and between. Permit to cross the bar lay in exchange of one’s balls, (B.A.R.)balls are redeemed)), in the interest of injustice.

        Only when a former U.S. attorney like Richard E. Fine goes on a rampage, does law manifest truth. aka Judicial nightmare.

  2. me says:

    Always follow the money, see who is profiteering from these fraudulent actions, who is living way beyond their means?

    these things can be traced and can be in your favor

  3. 4evrmoi says:

    Just read this . . . WHERE IS OUR OUTCRY FOR SOMEONE – ANYONE TO GIVE US THE INFORMATION WE NEED TO COLLECTIVELY FIGHT THESES INJUSTICES AND CRIME???

    http://teapartyeconomist.com/2013/07/09/1700000-foreclures-are-in-the-pipeline/

    A government report says that 1.7 million homeowners are 90 days or more late in their mortgage payments.

    As of September 30, 2012, HUD held 37,445 REO properties while the GSEs held 158,138. In addition, the “shadow inventory”—residential loans at least 90 days delinquent—totaled 1,708,033 properties, roughly 8.7 times the size of the HUD and GSE REO [foreclosed] inventories combined. Even a fraction of the shadow inventory falling into foreclosure could considerably swell HUD and GSE inventories of REO properties.

    Fannie Mae and HUD will wind up with these homes on their books, unless they decide to let the homeowners live rent-free.

    This is shadow inventory. It hangs like the sword of Damocles over the housing market.

    If the government does nothing, these homeowners will receive a huge subsidy: a tax-free grant equal to their mortgage payment, month after month, year after year. Now, that’s the welfare state in action!

    But if it forecloses, what will it do with these empty houses. Then the subsidy goes to operators of the squatters. Watch them tear up the property!

    Will the government kick the can? Probably. Then will you and I pay for this? Of course.

    Or will the government foreclose, kick out the ex-homeowners, and auction off the homes? That would be the smart thing to do. So, it won’t be done.

    Continue Reading on http://www.washingtonguardian.com

    Read more: http://teapartyeconomist.com/2013/07/09/1700000-foreclures-are-in-the-pipeline/#ixzz2Yk6XQUBy

  4. Yode says:

    Once again, you have all allowed yourselves to be distracted from the truth, the underlying, 100% absolute REAL reason that ALL FORECLOSURES of “BANK FUNDED” mortgages are FRAUD…. THE BANK NEVER, EVER GAVE YOU ANYTHING….. They love it when we allow ourselves to be led astray into these other lateral and relatively trivial issues. They love it when we give them the ability to determine what is “Fraud” and what isn’t, thereby essentially giving the criminals JURISDICTION over us. Yes… Rah Rah Rah… a single judge has ruled on a point in a case that never should have been….. BFD. The real question we should be asking is….. Why is it that these “Lawyers” do not wish to provide documents that they are in fact representing these “Banks” in these foreclosure cases? Could it be that doing so would provide prima facie evidence of the Bank’s attempt to defraud by bringing a complaint for foreclosure when they (the bank) had already been made “whole”?

    • Elizabeth says:

      Yode

      I have proof that what they did was doubled funded my developer create a entity to extended me “credit” (the enitity is merely a mortgage broker with a license as a mortgage company ) for the full alleged purchase price with a disclosure they would sell the note recievable to another mortgage broker. However after years of finally getting my documents I SEE that the second entity applied for another mortgage loan from Fannie MAe using my name an credits score and the developer corporate account number, and when Fannie Funded the fake second Mortgage Loan J.P. Morgan Chase Bank kept it because the developer owed J.P. Morgan Chase Bank and all the others 1.3 Billion dollars now J.P. Morgan Chase Bank is trying to claim I owe then money for funding the purchase price of my home with Funds from Fannie Mae what a joke NO money pasted at my closing the developer filed a warranty deed with a vendors lien and swears on the U.S. Security Exchange Commission that his alleged sales are considered accounts recievables because payment is deferred at the time of a sale.

      And if you think that something WAIT until Most consumers who live in subdivision communites of certain developers find out after thinking they purchase real estateand are homeowners will find out your buy nothing because the SELLER the DEVELOPER did not own anything they are OPTIONEES you brought there debt WHAT F***King joke this whole messs is.
      Enough said

  5. MetalMama says:

    I wish all the Judges followed the Law like the one in the above case!

  6. leapfrog says:

    So, where are the sanctions for fraud and perjury? Where is the jail time for fraud committed by the Fannie/Chase attorneys, fraud committed by Fannie and Chase? Shouldn’t the CEO perps of these control fraud outfits be sentenced to jail? If we as individuals tried the same deceptive practices in a court of law, the judge would have us in handcuffs/shackles and would be giving us a lengthy prison sentence. Why is fraud “okay” when its committed by the white collar criminals?

  7. Rebecca says:

    I received my paid off with exclusive grant deed the deed was court ordered 1998 by clerk of court 2006 march loan paid off$57,000 April 2006
    Then received ballon equity loan mortgage paid off in full dec 2006 when I then had equity loan 2 only in my name my son didn’t qualify due to income but I quaffed on my income ssi disability extremely low limited income
    What gets me is why hasn’t anyone contacted me. I hate lies bull and don’t blow smile up anyone’s dress for hell of it! Don’t lie.
    How can I find out my case number name federal court heard it was sealed ? It’s not my fault I am ignorant of loans banks mortgage And legislation
    Plus I’m only one person I can’t do it all. Or remember everything. What happened to me HUD was who honestly would of found if did their job for I was doing Hud approved program to save my home of 22 years June-oct 2010 plus the other programs that they said to. I had issues that made my Finanical hardship harder along with getting housing help in 5 southern calif counties plus dam it maybe I do not even had any case. I feel they did me very wrong ! Causing physical sickness and injuries along with mental emotional plus tearing my family farther apart not helping us they took every thing off my sons computer every pic of child from birth only pics and yes took mine causing more pain hurt anger upsetting distending family farther apart when we were just able to honestly trust care commit. How dare they destroy every thing leave putting me out to pasture and keeping me out here today! Talk about wrongs !

  8. People's Lawyer says:

    Fraud on the court is ubiquitous, but that is just an aspect of the Fannie/Freddie RICO enterprise. The use of mail and wire to transmit fraudulent documents to the courts with the intent to injure property owners by confiscating their property by forged and perjured documents is the RICO ENTERPRISE.

  9. J. Alonzo says:

    Finally a judge who follows the law! Yet no was put in jail for fraud on the court.

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