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  1. usedkarguy says:

    that is exactly what you should do

  2. hammertime says:

    Yuba award cut. So much for trial by jury. Then again makes sense to some degree but people fighting for years, being thrown out for no reason with obvious “… evidence that the errors made were intentional or made in reckless disregard of causing emotional distress.” seems result could be similar as in Kalicki.

    Read more here: http://www.sacbee.com/news/local/article3426611.html#storylink=cpy

    • BOBBI SWANN says:

      Hammertime, I don’t know if this decision came out of your home state or not, but I would bet that this judge’s campaign funds come from PHH…betcha! The people in that state or county need to get rid of that judge for sure!

  3. hammertime says:

    I’m reviewing possible approaches for us to work together and be independent from any agency, law firm, politician etc and get direct and affordable help.

    I still feel the file/sharing site will be a component but got bogged down on my case and didn’t have the full structure set up.

    I came across a web site focused on quiet title with very good information especially on MERS by Lance Cassino. We got in touch and we had a very good conversation and found we have a lot of parallels as with David Black.

    Turns out he is moving forward on a membership site that I am supporting to hopefully get off the ground and that we can be a part of. It can also be a model for other components of the direct homeowner approach I envision.

    Here’s a link to his chain of title assessment checklist: http://cotaparalegals.weebly.com/cota-checklist.html

    Here’s his fund raising site and association membership. For now he is starting with CO his home state. We can help develop and start own chapters.

    http://www.HomeownersPMA.org
    http://www.gofundme.com/g8q3b8

    You can also contact me here http://bit.ly/Si8EL5 if interested in file/information sharing or want to review how we can work with Lance or independently or some combination.

    Thanks.

  4. TonyD says:

    My home in Florida was recently foreclosed and sold. (Purchased back by the bank). My loan is a classic 2005 Fremont mortgage. 100% predatory and sold to countrywide only weeks after closing.

    Turns out, the mortgage has the wrong legal description. Not the same as the title / deed at the courthouse. This was only caught when they tried to get title. My attorney argued and got the judgment thrown out, and sale vacated.

    Problem now is how do we proceed? I suggested we move for a dismissal. They suggest we wait it out and see what their next move would be considering they have to find someone from Fremont to testify to their intentions when the mortgage was created. Which they think will be almost impossible.

    However, after what I have seen them do with the fake assignment of mortgages, I don’t put anything pass the banks. My attorneys are great criminal trial lawyers, but I think we need some help or suggestions on how to win this foreclosure case.

    Instead of simply reacting to their moves what can we do? Now Nation star has hired Ackerman law firm and we have a notice to appear. Should we move for a dismissal or should we wait it out? What other options should we consider. Should we move back into our home since the sale was vacated?

    Although they have defended many cases, our attorneys know foreclosures are not their main practice, so they are very open to any legal suggestions.

    • ldynps says:

      Move back into your house!!!! Do not wait for the lying lasers to make their move? File for dismissal with prejudice and move on with your life!!!!

    • BOBBI SWANN says:

      Agree with ldynps! Move back in – title will be vacated and reversed from the sale. YOU OWN YOUR PROPERTY. Now act on your constitutional rights.

    • hammertime says:

      I agree move back in as possession is what 90% of the law as they say!

      In CA they would have to start process over again with Notice of Default I believe. Would be interesting to see what your lawyers would say for quiet title action.

    • BOBBI SWANN says:

      In the state of Florida (and I’m not sure if that follows with every state) but the mortgage is filed according to the LEGAL description, not an address. That is simply because addresses can change through city or municipality or even the postal service, but a legal description CANNOTbe changed without authority of the owner of record. If they filed the mortgage with the incorrect legal description then they have foreclosed on the WRONG property. What they have is legally an ‘unsecured’ note…period. Oh, yes, they could sue you in court for a judgement, but you could easily wipe that out with bankruptcy if you filed before they initiated any action. File for dismissal and retake your property.

      • Tonyp says:

        Thanks guys. You are correct, the legal description is wrong on the mortgage. It says 50f…..instead of 50 of. They tried to argue scribblers error, but since it was on the mortgage and not just in the judgement paperwork the judge didn’t buy it and vacated the judgment and sale. The Original firm hired by the bank is no longer representing them. We got a new servicer (Nationstar) during trial, and now a new law firm just took over to represent this servicer.

        My lawyer says they have the legal right to TRY to “reform” the mortgage with the correct description? Is this true? But he thinks it will be difficult because they will need an official from Fremont (they were shut down in 07 by the SEC) to testify as to their intent when they created the mortgage. Who knows what they will come up with?

        If they had done a proper VOD wouldn’t that have caught this? My VOD was a robo-signer for B of A. Also, how can they have lien on my home and the one described in the legal description. I think they knew the description was bad. This is why they refused our request for modification for over 4 years. Fremont was cited for selling bad loans.

        Wife is reluctant to move back in, because of all the stress of having to move out before. She’s afraid, we may lose and have to move out again? Not to mention we have young kids. Personally, I’m all for moving back in, but don’t want to put her and kids through that again, it was pretty rough having to pack up and leave.

        The judges and banks are all working together, so even when the facts are on your side, they will still screw you. I think I will just take possession, close all the blinds and lock the place up. Or let my friends move in until i know for sure. Oh, they have also changed the locks.

      • Tony says:

        Thanks Bobbi, I just spent all weekend researching the Florida reformation statute.

        It appears that the reformation rules require that any reformation complaint must be filed within 5 years of the document’s creation. Simply put, “The statute of limitations” for reformation in my case passed over 5 years ago. So legally, they can’t reform the mortgage to change the legal description.

        Take a look and see what you think?

        F.S. §95.11(2)(b) http://www.flsenate.gov/laws/statutes/2011/95.11

        http://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/272B7002AD1D9E2585256F1F00597B83 (fourth from the last paragraph)

        If I’m correct, shouldn’t this have been known by someone besides me? Just asking ? Seems strange? Such an important factor, If anyone know a good Florida Foreclosure attorney that can look at this for me, please pass their contact info.

        Thanks guys

    • usedkarguy says:

      Tony, get your ass (and your family) back in that house! You are ultimately responsible for it until SOMEBODY takes ownership. YOU ARE THE OWNER. get back there and protect your home.

      • TonyP says:

        You are correct. But the mortgage/ management company they hired to oversee the property (the one that gave us the demand letter to vacate or be evicted ) changed the locks. I check the county records and property has been put back in my name, but I can’t take possession. I guess I could pay a locksmith to change the locks back. They also damaged the exterior lights on the home. SMH

    • BOBBI SWANN says:

      Tony – Ever hear of a bolt cutter????? You can even use a Dremmel to cut off a door lock. Get the H*** back in your property and take back what is legally yours in the first place! You said your wife is afraid and will have to move again? Our men and women die almost daily fighting to keep the freedoms that we have alive and well. They do this with great bravery and determination. Don’t you think those that they are fighting for should do the same when we are presented with an enemy hell bent on destroying us? Where’s the same bravery here?

  5. ldynps says:

    ATTENTION VOTERS………….As I sit in California marking my ballot here because my home in Seminole, Florida was stolen by an unknown bank and allowed by an unjust JUDGE in Pinellas Circuit Court, I realized if I was voting in Florida, I could vote against her. I am posting this message to ALL who are on this site and remind you to VOTE each and every Judge out of office that have been on the bench for the past 6 years! Get rid of each and everyone one of them for allowing forged and fraudulent documents to be used in order to give away our homes!! TAKE A STAND and get these illegal Judges out of office……………………

    • TNL says:

      The problem in Florida is they have put the “retired” Judges in place which were appointed — never voted in and can’t be voted out.

      Seems illegal since Judges are supposed to be voted in.

      In Florida the banks are out at full force and the “retired” Judges give them multiple bites at the apple.

    • karen says:

      this site helped me win my FC now I am trying to hang the plaintiffs lawyers, firm of Shapiro Fishman and Gache in Tampa, the witness for the bank was Moises Margulis, when I researched him I only found a attorney in south FL, I think that was him, older man, glasses, heavily accented English, salt pepper hair, overweight. I am looking for any information to use against them. I am asking for anything, anyone knows, I found his name on the robo signers list while researching for someone else. If I find more fraud where should I take it? Fla Bar? AG?
      I have been sitting in other trials to learn if we want to keep our judges, Our here in Volusia county have been fair and honest.
      thanks to all
      Keep up the good fight

  6. Tricia says:

    Haven’t been around here in awhile but I thought some of you might find this interesting. I thought I remembered a couple people that were dealing with Ocwen Financial, looks like they are in some serious hot water. http://stafnetrumbull.com/mortgage-company-ocwen-financial-crashing-new-york-regulator-says-uncovered-serious-issues-company/

  7. Suz says:

    Hi ALL – I just spoke with my new loan servicer (Seterus) and they have absolutely no record, nor knowledge of this FINAL JUDGMENT. They highly recommended I call CitiMortgage to find out why I received the letter while they are willing to work out something with me. I called CitiMortgage and they have no record of the FINAL JUDGMENT, asked me if I had another account with them, (I don’t) and claimed the account was CLOSED as of June 1st 2014-transfered to another lender. The agent assisting me said she exhausted all departments in search of info and found none and asked that I provide them a copy of the final judgment letter from their own attorneys to their research department! This order was finalized on Sept 23, 2014 As it stands by order of the judge, Citimortgage is to recoup the total monies and interest from a sheriff sale, yet Seterus wants to work out a payment modification with me! This is insanity! What to do next? Do I write the judge? Might anyone know anyone who specializes in this type of litigation or resources whereby they are aware of such practices? I cannot find anything specific as to a next step in this case. The nightmares all are suffering and those who have suffered is despicable.

    • usedkarguy says:

      why don’t you get yer butt down to the courthouse and get a copy of the judgment?

      • Suz says:

        Thank you, usedkarguy – I have been sent a “copy: of the judgment and am currently out of state across the country. I’m seeking to file a motion/injunction – just trying to figure out which motion I need to file at this stage.

  8. Suz says:

    Not sure if I’m on a particular thread in this forum, but am grateful for all the research and discussion. I do have a question – perhaps one or some of you here have experienced this: Citimortgage filed a lis pendens back in October of last year 2013)- had since received umteen loan modification applications from 3 different lenders as I had no idea who owned the note. (Each claimed they did when I inquired) In any event, I did not go through the LM process after hearing the nightmares people were put through being forced into foreclosure; besides not having a steady income to commit. On June 16th of this year, CitiMortgage assigned the mtg to Seretus. (Seretus) claimed they sent me a welcome packet…etc, which I hadn’t received – I told them the home was on the market and that Citi had a lis pendens filed. They claimed they knew nothing about that and wanted to offer me a ‘guaranteed’ loan modification – This was only expressed in a phone conversation whereby the agent verbally expressed only the amounts and dates, but I recceived no application paperwork – they claimed the owner fo the note was Fanny Mae – the agent said he would get back to me regarding the ‘is pendens’ info as well as a pay-off statement as I had a potential buyer. In the meantime, I decided to call Citi’s attorney who filed the lis pendens and request they remove it as it was hurting my opportunity to sell. The attorney said the lis pendens “follows” and Seretus now became their client – (is that true?) I never did hear back from Seretus, not did I receive ANY paperwork, requested or otherwise from them. WHAT I DID JUST RECEIVE through ‘regularly forwarded mail’ was a COPY of the FINAL JUDGEMENT granted to CITI on Sept 23, 2014, directing the Sherrif to sell. QUESTION! Can a bank seek and be GRANTED final judgement for foreclosure AFTER having already assigned the mortgage to another bank???? I was never served via mail or in person and there is no publication through which I was provided an opportunity to answer in defense of foreclousre. I have searched this site and the internet on whether I still have a right to respond, but cannot find any concrete suggestions/ways or means. Seeking an attorney is of no real option for me as I’m now working a minimum wage job. Any help would be greatly appreciated. Thank you for ALL of you who take the time to care and respond to one another.

    • hammertime says:

      If in CA and not in bk you definitely should have a boatload of options. All sounds pretty flimsy bordering on unbelievable like a couple of other recent posts but then 2/3 of foreclsoures are from ’08 and before so anything’s possible. On right track to contest foreclosure seems like quiet title would bring them all out of the woodwork. If they’re involved with settlements use their language and make complaint to CFPB, but make complaint anyway and request they stop sale.

    • BOBBI SWANN says:

      Suz – you did not state what state you are in as the foreclosure laws are different for every state mostly. If you are in Florida you do have options especially if you were never ‘served’ the lis pendens. There’s also a line of proper paperwork that has to be filed by a plaintiff here in Florida. Outside of Florida, unfortunately, I am not much help but there are several if not all of the united states represented in this site.

      • Suz says:

        Thank you hammertime and Bobbi – the property is in NK (judicial state) I was never served anything – I found the lis pendens in my county record file.

    • Lms53 says:

      Being that it has been a year and if there has been no appearance in a courtroom from any representative on your behalf, a court judge would maybe think the home was abandoned and they would grant a judgement in favor of the bank. I really don’t see how this could happen. I would go to your local court and file a motion to be heard and BE HEARD. Sounds like more typical underhanded banking which to the big banks are just the “normal” procedure these days. Does not sound right but I’m sorry to say if you were not paying or making an effort to pay, it just makes it easier for the bank to take the property. Good Luck!

      • Suz says:

        Sorry ALL – that is New Jersey. Thank you LMS, but I am in Colorado right now on temp work and cannot fly home – All mail has been forwarding but all I received in the last 2 months was an escrow notice from Seterus and this Final Judgement. I wasn’t aware I could appeal a final judgement~ (?)

  9. hammertime says:

    This could apply to the 2nd lien issues we’ve been hearing:

    Lenders Appeal Court Decision Allowing HOAs to Extinguish Mortgages

    Author: Brian Honea October 15, 2014 0

    HOAs to Extinguish Mortgages

    “Several mortgage lenders have asked the Nevada Supreme Court to reverse a decision it made in September that a homeowners association’s (HOA) super priority lien can extinguish a first deed of trust nonjudicially on a residential property.

    Last month’s ruling, which was issued by only a 4-3 majority, has only caused more debate in Nevada between mortgage lenders and housing investors over whether or not HOAs should have the right to extinguish a lender’s mortgage on a foreclosed property without going through the courts.

    The ruling allows HOAs to legally foreclose on a property that is delinquent on dues payments and auction off the title to the property without the involvement of the lender or courts. The sale of the title by the HOA extinguishes the first mortgage, an action that the lenders argue is not in the best interest of either homeowners and lenders. Lenders contend that HOAs should have to go through courts when initiating a foreclosure on a residential property and they should not have the power to extinguish mortgages nonjudicially.

    Lenders view last month’s court decision in Nevada as an industry-wide concern that could spell disaster for the mortgage industry as a whole, especially if it sets a precedent for other states.”

    http://dsnews.com/news/10-15-2014/lenders-appeal-nevada-court-decision-allowing-hoas-extinguish-mortgages?utm_source=DS+Weekly&utm_campaign=ab6854f801-DS_Weekly&utm_medium=email&utm_term=0_cc3ebd2b74-ab6854f801-175422189

    If we don’t let OUR reps know about OUR disaster we’ll keep being treated like 2nd class citizens! All it takes is 15 minutes to email, fax don’t even have to spend on a stamp! Even if you hate YOUR government!

    • hello all
      copy of my post on facebook to gary sinise foundation and to Bernie sanders chairman of senate veterans affairs committee.

      Posts To Page

      David F Black
      Today at 12:54pm.

      hello Mr Gary Sinise Foundation as you know already homelessness among veterans and disabled veterans is a national problem. I am writing you as a 100 percent disabled veteran who is fighting to save my home from foreclosure. It seems under threat of foreclosure I am being asked to pay my mortgage payments two and three times from my disability pension for the same month and year. In my case I am not in foreclosure not in bankruptcy nor m odification and this is happening to many veterans allegedly like me. I am asking you to speak out about disabled veterans being denied modifications while their mortgaqe payments like mine disappear and then the servicer demands even more money. In my case, I am being demanded to pay on a mortgage that I didn’t even apply for. It was created without my permission or application. this is happening all over the country. in my situation the servicer has been fined $ 120 million dollars by us doj for targeting veterans for this kind of fraud and alleged extortion but yet they just keep on committing these crimes. We need your help. I and my family have served in the military since 1927 and when civilian federal service is added to that it comes to almost 200 years of service by one family to these united states I have filed over 50 complaints about this to the u.s. consumer financial protection burean and ellen warren senator on u.s. banking committee and patty murray my senator from Washington on senate veterans affairs committee and Bernie sanders chairman of that committee. to no avail. please help us by speaking out about this national problem. I do not have a VA mortgage loan although I am eligible for one.

  10. luv3boyz says:

    Thank you, I will research the detail of the process we followed. Hating to sound so ignorant but it happened so quickly during a period I was extremely ill, recovering from a surgery that had gone bad.
    We had a modification, we thought, in place with our first chase bank which at the time the 2nd was waiting to come through, he thought chase would never produce one. we had a plan with the 2nd if chase does not produce the modification after all the trial period payments and waiting, we would then sell the property together. Chase finally came through we showed the 2nd lien holder our signed notarized modification, he eventually produced a modification as well, we signed notarized the 2nd lien holders mod and sent it back. our 1st payment due 5/1/2010 he foreclosed on 5/8/2010. Additionally, we paid this man in February and March 2010 then showed him our mod with chase. He kept the home for 2 years before notifying chase although kept the hoa current.

    Thank so much Lisa

  11. Lms52 says:

    Another one where the 2nd lien holder foreclosed without the first made aware. I would let the first and second battle it out because the second acted as in the first position when they are not and is fraudulent selling the property in your name after they foreclosed on u supposedly. Keep your paperwork of the timeline. Forget attorneys. Just take a court reporter to your hearings and take it to the higher court if necessary. But sounds like deceit and fraud on the second. Sock it to them good!

  12. hammertime says:

    This may seem un related but reflects the in competence in WA to deal with problems affecting us as with banks controlling Congress and being denied funds meant for us and our communities.

    Guess Who’s Holding Up Ebola Aid?
    Zoë Carpenter on October 9, 2014 – 2:14 PM ET

    “A Republican senator is urging his colleagues to hold up the $1 billion the White House has requested to combat the Ebola virus in part because the plan “focuses on Africa.”

    “I ask you to oppose fully allowing the additional $1 billion in reprogramming requests until previously requested additional information is available for members of Congress to be fully briefed,” Louisiana Senator David Vitter wrote in a letter to members of the Senate Appropriations and Armed Services committees. The $1 billion that the administration has requested would be redirected from funds from the war operations budget to pay for the construction of medical facilities, supply distribution, medical training and for military and civilian personnel. Most of the money has been held up for nearly a month, as Republicans on key committees demand more details from the administration.

    While Vitter criticized Obama for not fully presenting a plan, he apparently knows enough about it to be concerned that it “focuses on Africa, and largely ignores our own borders.” Vitter wants the United States to bar noncitizens traveling from countries affected by Ebola from entering the country.”
    http://www.thenation.com/blog/181928/guess-whos-holding-ebola-aid?utm_source=Sailthru&utm_medium=email&utm_term=email_nation&utm_campaign=Email%20Nation%20%28NEW%29%20-%20Most%20Recent%20Content%20Feed%2020141009&newsletter=email_nation#

  13. Lisa Campbell says:

    Hello,

    We have depleted our retirement money retaining two attorney’s in San Diego California. Our first was disbarred neglecting several clients and most recently our attorney filed with court requesting early removal from out current case, just after our most recent tentative ruling from the judge:
    a. Illegal foreclosure
    b. breach of contract
    c: fraud
    d: our trial hearing is mid November 2014
    e: readiness trial October 31, 2014

    This was the second lien holder and a trust that foreclosed on us, evicting us from our home of 20years, rent scamming the property for two years before notifying the 1st and arranging a cash sale negotiating in our names. Leaving the property on our credit report allowing us to never move forward. If it wasn’t for us submitting US postal change of address on our old home several times we would never had known of the transaction of the sale of the property in our name! We need help we are fighters not just for us, but for all future home buyers. We hope to contribute some change in this crazy American scam that has hurt so many people….

    Kind regards
    Lisa Campbell

    Sent from my iPad

    • hammertime says:

      I’ve been in touch with folks on here and an approach may be shaping up. If you’d like to get in contact you can email me at following signup form. I’m in Los Angeles area and have been fighting since ’08.

      http://bit.ly/Si8EL5

      • luv3boyz says:

        Hello Hammertime,

        Thanks so much for responding to me! Sadly, does not look good right now with our lawsuit. Our current attorney has done everything attempting to sabotage to what is left of our complaint i.e.; filing late papers, submitting docs with many typos, and date reference errors, lastly yelling at me in front of the courthouse telling me my integrity is off the table.
        I have cried so much, my husband fed up now, wants to drop our lawsuit and file bankruptcy, I told him I am not willing to eat Crow just quite yet! To date we spent with this attorney 18,000 and most recently invoiced for 20,000. Our first attorney we gave 17,000 retainer.
        The fact that our home sold as a short sale Jan. 2013 and not as a foreclosure that we had thought and claimed on our 2010 taxes, somehow generated an IRS audit causing my husband payroll checks garnished, taking us over two years to figure out what happened? Prior to that, we planned to chalk this up as lesson learned, move forward but as we continued to sink we needed legal advice. So here, we sit, no money left and the trial hearing in five weeks. Looking forward to hearing back

        Take care,
        Lisa

    • BOBBI SWANN says:

      Lisa – if you had a short sale on the house you would have had to sign a purchase contract, either attend a closing or at least sign over the deed to the buyers. In a foreclosure you are sued in a court, the plaintiff obtains a summary judgment and you doing nothing but walking away, signing nothing and never signing a deed. Once the foreclosure sheriff’s sale is consummated a Certificate of Title is issued instead of a Deed.

  14. Dave McCrae says:

    Putting your property into a trust is a popular way to insulate it from grabby lawyers. I’ve noticed it most recently by PHH mortgage in their most recent 10Q putting large chunks of their securitized holdings (your house and mine) into trusts, just in case they decide to file for bankruptcy and keep the assets of indeterminate value out of the trustee’s hands. it also has the advantage of making the company harder to value in case blackrock or some other sleazier-investor-than-thee-or-me decides to try a hostile takeover at 0.03/dollar. Sounds like a good strategy, if your desire is to keep the property.

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