I am currently fighting a foreclosre case in Montgomery County Ohio. I have found out the bank (PNC Bank N. A. does not own my mortgage, filed a fraudulent note, used a robo-signer (Teresa S. Clopp) to file a fraudulent affidavit, and many other crimes. If I had committed the crimes I have proven in court that the bank has I would be in jail. The magistrate in my case refuse to rule and most of the motion I have filed and is trying to find a way to let the bank off the hook. I have done some investigating and found that they have been committing the same fraud for years. Using robo-signers Teresa Clopp, Mindy Mundy, and other funny names on documents. My case is currently in limbo with the magistrate refusing to rule. I hired a lawyer when it came time to depose the robo signer Teresa Clopp. We have subpoenaed her twice each time the bank has ignored our subpoenas. yes, the judge has let them get away with it!! So if anyone is in Ohio and reading these check your paperwork and keep fighting, I CERTAINLY WILL.
The Bank’s fraudulent actions are well documented in many State Courts, federal Courts and U.S. Attorney General Offices’ files and still nobody is stopping these banks to further victimize other people. It is a fact that for years Banks have used the so called robo-signers in fraudulent practices of foreclosure. My family and I among the many victims of Wells Fargo Bank’s fraudulent practices as, on August 8, 2011, our home was stolen from us by an act of “Fraud” by Wells Fargo Bank. Please, Go to:
Hi everyone,
I have a personal question.
I am based in New York and my mortgage is still under foreclosure which I am
battling from 2007 as fraud. The original note was with WaMu then after it went
bankrupt went to FDIC, then to Chase and finally Chase sold it to SBC, a hedge fund.
The note now has endorsements from WaMu to Chase to SBC. The lawyer of
SBC states that they have a power of attorney from FDIC.
My question is: Is the chain of the title broken?
Also does anyone know a good foreclosure lawyer in NYC since my lawyer isn;t
fighting hard?
Mike
Hi,
I am in litigation with PNC also. I would like to coordinate with you and/or your attorneys.
Below is the text of an e-mail I sent. My PNC robo-signors are: Trisha Payton, Janet L. Deringer, and George P. Lane III .
Michael T. Pines
204 El Camino Real, Ste. 602E
Encinitas, Ca. 92024
Telephone: 760-518-5867
Facsimile: 760-301-0093 michaeltpines@gmail.com
February 4, 2012
Eddie R. Jimenez (ejimenez@piteduncan.com)
Chad L. Butler (cbutler@piteduncan.com)
Erin L. Laney (ELaney@piteduncan.com)
Pite Duncan, LLP 4375 Jutland Drive, Suite 200
P.O. Box 17933
San Diego, CA 92177-0933
Re: In Re Michael T. Pines
Case #10-00296 (RS-1)
Demand for Discovery re Motion For Relief From Stay
Dear Counsel:
I am going to serve notices of depositions initially for Trisha Payton the Declarant, Janet L. Deringer, the person who signed the “Certificate” you submitted to the court as the “Assistant Corporate Secretary of the PNC ….”, and George P. Lane III the “corporate secretary” who signed the other documents you submitted to the court. Please let me know if you will accept service by fax or e-mail. However, I am serving them regular mail on Monday, Feb. 6, 2012.
I would like to take these depositions prior to the hearing date on the motion, which is February 22, 2012. However, I can be flexible on dates and times. I also intend to video the depositions.
If they turn out to be “robo-signors” I will publish the information on the Internet. Please provide me with convenient dates and times. If they are not within a few hundred miles, I may associate counsel in the area where the work to physically attend and/or would be willing to do a telephone deposition.
Given the pending motion, your prompt attention is necessary. Please provide dates and times as soon as possible.
I am looking for a little assistance. While researching a case for a friend I came across some docs on Scribd posted by acfield and the profile says they are a follower of this site. The docs concern a Michele Sjolander rubber-stamping endorsements for Countrywide. If anyone knows acfield or if you have any info or docs from Michele Sjolander or Laurie Meder please drop me an e-mail vf2319@gmail.com
Thanks
Vince
Goi, thanks for the info. You implied in your first blog that Maher Soliman got thrown out of court, and then you said something entirely different in the 2nd blog…so now I’m confused.
From what I ‘ve read of Maher’s information, he has a very interesting plan of attack., albiet all the lender/servicer, depositor, feds, debt collectors, etc parties involved made it so so complicated (but don’t good crooks usually do that?).
It’s difficult for us normal people, who aren’t used to those big securitization words, GAAP rules and IRS regs to understand and comprehend.
Maybe that was your problem?
My best friend and I found that even attorneys (and for sure attorneys aren’t geniuses) don’t want to take the time to study, listen and learn. They’d rather just take the money and run till it runs out and then say, “well, if you aren’t making your payments, what do you expect?” or, “why would you want to save that house if your’e under water?” little do they realize, most of the folks DID try to make payments and were forced into foreclosure by the servicer’s ulterior motives of steal the $$, lie about a modification approval, misapply funds.
ATTNYS THEY JUST DON’T GET IT DO THEY?
I know my best friend just wants everything handed to her on a silver platte too, but Maher told her that she needs to study in order to be able to understand what really happened and not be stupid and go down the path of “they lost my note” or even call it “the loan” because he keeps saying the loan is GONE. So I’ve been helping her by us both reading and studying. She doesn’t even bother to google things on the computer. Go figure.
MAHER SOLIMAN is advertising on various website and blog sites he is an ‘expert witness’ for people in foreclosure
I paid him $5000 and he gave me a resume of his ‘qualifications’ and a list of foreclosure cases he had ‘testified’ in. I filed these into Federal Court to introduce him as an Expert Witness. There was a deadline for him to provide a narrative of ‘what’ he would be testifying about. He never provided it and we discovered his credentials are phony and the court case numbers were bogus. The FEDERAL JUDGE DISQUALIFIED HIM as an Expert Witness and threw him out of the case. He would not refund my money after demands. TOTAL PHONY….
I am sorry to hear about your pain with MAHER Soliman a few years back he w on talk shoe radio google it and get in touch with the show host and tell her because she was standing behind his bull fortunately I am a yankee and I beware of things that seem to goos to be true especially when being spoken a foregin language as he would try to convince people that he had this hidden knowledge that the banks were afraid of but would never speak of what it was in referance to
Im sorry for your pain,what I have found in foreclosure is to look up the court of appeal cases in your state and see what attorneys are winning cases in your state that may help you or that are similar to your circumstances some of the best legal aid attorneys are foreclosure advocates that know the ins and outs of the foreclosure mess
Hope it helped
Brian
Goi, I would very much like to see a case # for that Federal Judge case that threw him out because my best friend has been talking to Maher, too. From what he gave her to read and learn in her case with Countrywide (now B of A) it seemed like they lenders didn’t have a leg to stand on. But since he isn’t an attorney she said she has had to get an attorney to work with Maher and wants me to get my brother (who is a reputable attorney) to work with Maher…..so I’d like to see if I can head them off at the pass if he is a phony so both my brother and her don’t get burned. do you have any more particulars about what happened in court?
Simple stuff: I paid him $2500, his charge to ’1′ case against Suntrust (xfrg loan to Chase). He took my money and provided a bunch of confusing junk. I gave it to my paralegal, who said it was junk. I gave it to my attorney, said it as junk, and then to my ‘other’ attorney (I have ’2′ foreclosure cases ongoing), who said it was junk. Throughout the process of “I promise I’ll get you something after I reseach”, he offered to give me a narrative on my other case for ‘more money’ (CW xfrg to BofA case). Again, nothing but junk provided. I set up a mediation meeting with the Bank Asset Manager and their attorney, provided him the date/time/location of the meeting to ‘call in’ and negotiate with me. He agreed, but then did NOT call back (we called him 6x over a 2 hour period during the negotiation). I have several other (junk) items to provide and have contacted the DOJ and CA Attorney General.
Yeah, same experience with fee paid to Maher and only gobbledygook write-ups were provided by Maher. The crap could not be used by the attorney. I know of several others who got the same junk. He claimed he could file a whistle-blower case that we would get a share of. He never filed one to my knowledge. He kept claiming he needed to find a law firm that would represent him. Other whistle-blowers have managed to have insider cases heard already in the meanwhile.
Do not waste your TIME or your MONEY on Maher.
BTW, the gobbledygook he produces has chunks lifted from other peoples’ work that is available on the web. He makes a botched job of trying to slam the content together. It could even be that he is simply using a website ‘scraping’ tool.
Unfortunately, none in too many states and not enough in all states. They all want to represent the too big to fail banks. BoA has spent more than my house costs on not one, not two, not three but four law firms fighting me as one little pro se person. That’s how badly they want the house. It’s all too crazy for belief.
hello
it is all about economics. it has bee alleged in lawsuits against the banks in mississippi and other states that the banks are making huge profits from the bets against you to default on your mortgage. kentuckyforeclosuredefense.com talks about this in its brief filed against the banks in federal court in lexington ky. ms mckeever is the reponssible attorney. I have talked to her. the bottom line is that the banks make about ten times what your mortgage amount is when they take possession after foreclosure. and the law firms allegedly share in the profits. I am suing the banks for this practice under my fair housing act suit in HUD in region ten in seattle. as discriminatory under fair housing act of 1964 u.s.c 49 c.f.r. 150-200 .
they make more money on the foreclosure than to keep you in your home. this was all figured out by the banks before you even got your loan. in other words you were setup to fail allegedly. all of this is illegal but no one is complaining to their state and federal reps and senators. no one knows about this.
so if you mortgage is 100,000 dollars they make 1,000,000 on foreclosing from the derivatives and synthetic derivatives and hedge bets against you when you are foreclosed on. on to p of that they probably have your mortgage payments in the past or now going into their pockets under the veil of loss mitigation and paying their attorney fees out of your mortgage payments.
it is more complicated that this but that is the short overview.
Today there are competent attorneys in almost every state that are working with homeowners, even reopening closed cases, and sending these vermin running. It is sad that one section of society (MainStreet) has to fight to get the other section (Wall Street) to downsize, but if that is what it takes so be it.
Does anyone have the site for a Foreclosure Trial and Sale in a Georgia Federal District case involving Bank of America and BAC fka Countrywide Home Loans? It also mentions Judges misconduct..
I have read most of these posts and none of them address the credit default swaps and bets and hedges owned by the banks that they cash in when a loan defaults and they take possession.
it is estimated that this amount of money is ten to one hundred times the mortgage amount and these bets and cds’s as they are called are owned allegedly by your lender and servicers.
we homeowners need to see the forest from the trees.
we are focused on our homes, the banks and servicers are focused on cashing in on trillions of dollars of credit default swaps. there is no regulation of this market by the states or the feds.
we all need to wake up. I have a petition before HUD SEC DONOVAN to ban this practice because it allegedly violates the Fair Housing Act of 1964 and 1986. I also have a civil rights case before SECHUD DONOVAN and believe me it is causing a big stir in HUD and my lender servicer. they just wrote me a new first trust loan that I didnt even apply for. so now I have two first trust allegedly first trust predatory loans.
I am not even allowed to know my mortgage balance and have no mortgage statements for either of the two first trust loans for the last previous 12 months from now to equal 24 missing mortgage statements. guess who my lender is. they foreclosed on 5,000 military familes and got fined $ 52 million by the feds for violating the service members civil relief act.
best regards
David
A.A., B.A., M.B.A., C.D.P., D.B.A.Candidate(Pending), DAVPRM(DOD), D.O.D./V.A./S.S.A. 100% Permanent and Total Disabled U.S. Navy/Cold War/Vietnam Era Veteran by VA & SSA(Adjudicated) DAVPRM E3/Midshipman, USNR/USN, USNA ’69, Annapolis, Md. National Security Agency, Ft. Meade, Md. ’63-’65, U.S.S. Drum SS 228, Silent Service, DE-680 Destroyer Escort, U.S.S. Loeser. Permanent Life Member of Disabled American Veterans & Vietnam Veterans of America, Member Uniformed Services Disabled and Retirees Veterans Association, http://www.usdr.org, Member of Veterans of Foreign Wars. In memory of Lt. Orrin F. Black, U.S.N. Retired & Deceased, WWII Combat Veteran Battle of Atlantic, U.S.N.A. class of ’31, Annapolis Md. (70199), Cdr. Richard O. Black, U.S.N. (ret & deceased) Class of ’57 U.S.N.A. Annapolis, MD. Vietnam ERA and Cold War Veteran, Sgt J.D. Black, U.S. Army/USAR Iraqi Freedom Combat Veteran, First Command Master Chief of the Navy Dilbert Black, E-10, U.S.Navy (retired, deceased), U.S. Supreme Court Justice Hugo Black, who taught me in his famous SCOTUS decisions and a distant cousin of mine, as a minority, Cherokee Indian and Disabled Veteran, studying and reading the law to become a lawyer in Virginia, about civil rights for EVERYBODY in the U.S.A.
@david the problem about the cds’s is no one knows about them unless you are awake and have researched this for over 2 years. but if you are new at this hole situation there is no way to no any thing. we were left clueless throughout our lives about secutitization. there is a great analogy for cds’s in a you tube video called the zeigeist addendum. its about knowing your neighbors son in a pyro maniac so you buy fire insurance on your neighbors house give the kid the lighter. the house burns down and you collect. i live in florida wells fargo was my originator and became my sevicer somewhere unknown until i called in 2009 for help (loan closed in 2006) all of a sudden they are my servicer they dont own my loan and the investor did not apporve my hamp loan. i found all my mortgage paper work and noted the mortgage broker lied about my income. an amout that i would not notice but witha job loss would make it difficult to afford this house. in writing i have that wells fargo motgage broker put us in a sated income loan??? even though i have 19 years as an RN with were so high no one would get approved fo rmortgages and besides they were selling the loans so they were not losing anything. how sad for homeowners to find this out now. i sent paycheck stubs and 2 years of w2 forms yet was placed in a stated income loan because i did not qualify fo rhtis house. oh to bad for me there were 2500 homes for dale in this florida county i am sure i could have found a home that i could afford. i had perfect credit in the 760′s my husband was unemployed we were moving from south florida to tampa bay area so my husband get have employment. we did not ask to put right in the middle of this fraudclosure mess. i was extremley ready. the lis was filed 12/16 signed with the lawyer a few days later 12/23 and i was served 12/27. in the foreclosure complaint was my “note” the signiture was 2 fonts bigger then the signature on the mortgage. the signiture does not containe my middle intial where one can see my name typed with my middle initial and i signed the mortgage with my middle initial why a few seconds before or after would my signiture change so dramatically. then the note is endorsed with the rubber satmp signiture of joan m mills from wells fargo. how can a family be tossed right into the middle of this and be at risk for losing their home. wells fargo told us that to apply for a hamp loan we had to stop paying our mortgage how can a bankl you have a contract with and are trying to foreclose on you tell you to break the contract by not paying the mortgage. doesnt that null and void the contract.
hello
please sign my petition to Obama and SECHUD Shawn Donovan to stop all this fraud by these servicers and lenders. they are making money of this. up to ten times our mortgage amounts from derivates and hedge bets against us that we will default on our loans. all of this in my view in my cmplaint to hud in regin ten in seattle is a aviolatio of the fair housing act of 1964 and it provides restitution to we homeowners. I must be right because HUD is really giving me a hard time to see an Administrative law judge in hud about m ycase.
best regards
please click link below and sign electronically my petition.
i signed the petition we can get this lawsuit through. this is just a horrible crime played on us. the new thing is that they changed the BK laws and deficiency judgement laws in time for this bubble to burst. i know alot of people who are short saling this year to escape a DEFICIENCY JUDGEMENT. this is terrible we did not ask for any of this to happen. so they take all the jobs, so we cant pay bills and need a bk, they try and steal our homes. TRY this chick aint letting anyone take my home. forged note and endorsement. wells fargo was hoping i was one of the unkowing i am not. the knowing peopel know this is all a scam. loans designed to fail. so sad my kids do not deserve this. homes needed to mortgaged to what people can afford not to default so the servicers can collect ist credit default swap insurance. doesnt this technically fall into insurance fraud?
1st false appraisals and mortgage application fraud to get us in the homes, then modification fraud to get us closer to default, then the ultimate scheme not to pay because we have to be in default to apply for hamp, then collecting the insurance on a defaulted mortgage that in all aspects is not defaulted because the homeowner asked for help. so we need to file suit for insurance fraud
RICO! Is this about a CRIMINAL NETWORK of SELF DEALING BANK LOAN OFFICERS/UNDERWRITERS (not ‘BANKS’), LOAN ORIGINATORS/BROKERS, Real Estate Brokers, AN INSIDE KING-PING?, VA LOAN GUARANTEE OFFICER? and a Protection racket POSING as LAWYERS?, A CRIMINAL RACKET that has here to fore been well concealed? If so, only to be exposed by the VA LOAN GATE? The VA Loan Guarantee Office is NOT a BANK, or the FDIC or Fannie Mae, or Freddie Mac. It is constructed differently. Thus, it takes a BRAZEN and very CONFIDENT and well organised criminal racket to conceal this type activity over time. Necessarily, it must be ‘go to the top’ of the judicial system, to cover up any leaks as they occur. The ramifications of this VA-GATE, to the lives of everyday Americans, especially in Georgians are unfathomable! How high and deep must the machine of corruption go to sustain such a BEAST? The VA Loan Guarantee officer swears an Oath to the USA not some inside operatives at BOA! RICO PROSECUTE THE ATLANTA VA LOAN GUARANTEE OFFICER! How/Why hasn’t the Atlanta VA loan guarantee officer NOT been prosecuted? Who is his LAWYER????? The answer to that question may be the key to unlock the box from HELL!
WE ARE A GROUP DEDICATED TO RESEARCHING, ANALYZING, REPORTING, EXPOSING, and DEBUNKING. WE ARE DEMANDING THE PROSECUTION OF A (now apparent & HERETOFORE) well concealed organized TREASON emanating from a ROGUE ‘CLIQUE’ operating from within the Atlanta Veterans Administration Loan Guarantee office. The VA Loan guarantee officer SWEARS AN OATH OF OFFICE to the USA not BOA! He is NOT a BANKER, and the VA is NOT a BANK! This is a sacred trust that the USA has with its veterans and taxpayers. Its VERY different in ALL respects to the FDIC, SEC, FANNIE MAE, FREDDIE MAC, at every level. DOJ: FOLLOW THE MONEY! WHY WOULDN’T/DIDN’T YOU? THE VA LOAN GUARANTEE OFFICER IS A GOVERNMENT EMPLOYEE! NOT LIKE FDIC AND FANNIE MAE AND FREDDIE MAC EMPLOYEES WHO NOT GOVT EMPLOYEES! SO WHAT IS GOING ON THAT THIS WE CASE WAS FILED IN 2006! 5 YEARS IS A LONG TIME TO COVER UP MAJOR CRIMES! FAILURE TO PROSECUTE IS TO BECOME AN ACCESSORY AFTER THE FACT! How can it be stated that this case was investigated since 2006, yet they do not know how much money was stolen? Can it be then understood they do not know to whom it went? WHAT GIVES!? The DOJ claims to know little of this case! Yet they have had since 2006 to decide not to prosecute based upon INVESTIGATION?.WHO INVESTIGATED THIS CASE? There has been too many years to implement a COVER-U , OBSTRUCTION OF JUSTICE. Why wait until 2011 to unseal the 2nd AMENDED Complaint! Money laundering and tax evasion on a massive scale. IMHO. “God help any bank that takes this case to trial,” Burns said. “A jury’s only question is going to be ‘how much do they have?’ ” – Damn RIGHT Mr. Burns! We DEMAND a CRIMINAL TRIAL on behalf of EVERY American Veteran and Taxpayer! It would APPARENTLY seem that this case is more likely about a racketeering enterprise involving the VA Loan Guarantee officer in Atlanta Decatur GA, high powered attorneys in Atlanta (Decatur-Dekalb County, GA), loan officers at banks, and loan brokers.case Why doesn’t the DOJ want to FOLLOW THE MONEY and recover the stolen funds for return to the US tax coffers? Why allow a law firm to handle such a Federal Criminal case. This really is serious. We all must demand that this case be prosecuted by the DOJ and we must get answers. Lawyers cannot be expected to put fellow lawyers in the cross-hairs of the Federal Govt! Its not right to expect them to do it! They would protect the lawyers. So if the lawyers are part of the racket, it would seem to make it impossible to get this case investigated! A lawyer involved in Federal Crime is not involved in state licensing ethics issues, or state legal issues.A lawyer involved in Federal Racketeering is a RACKETEER operating UNDER COVER OF A LAW LICENSE, thus he is not a lawyer at all in this regard. Only operating UNDER COVER OF LAWYER! Thus this APPARENT RICO CASE MUST BE PROSECUTED BY THE FEDS! None of this makes sense no matter how its looked at! This case MAY be the NEXUS that can break the grip of the Mortgage Fraud Racket. We need to demand that the ORIGINAL and 1st Amended Complaints be released! This is a different beast then Fannie Mae or Freddie Mac or the FDIC. Far different. IMHO http://deadlyclear.wordpress.com/2011/11/26/1448/http://www.washingtonpost.com/politics/suit-alleges-banks-and-mortgage-c... – PROSECUTE THE ATLANTA VETERANS ADMINISTRATION LOAN GUARANTEE OFFICER! http://4closurefraud.org/2011/10/05/unsealed-complaint-wells-fargo-bank-of-america-j-p-morgan-chase-and-gmac-mortgage-engaged-in-a-brazen-scheme-to-defraud-our-nations-veterans/
CHAPTER I: DEPARTMENT OF VETERANS AFFAIRS Part 0: Standards of ethical conduct and related responsibilities http://cfr.vlex.com/source/code-federal-regulations-pensions-bonuses-veterans-relief-1087
On Dec. 9, the court of appeals ruled in my favor setting aside judgment of foreclosure and sale of my home on a procedural issue (default judgment where there was no default). Less than two weeks later, I received a notice of default letter from Ocwen attempting to re-start the whole foreclosure process. Problem is that the foreclosure case is still active, with no further proceedings having been started since the court of appeals opinion was handed down remanding for further action. Isn’t this action by Ocwen a violation of the Fair Debt Collections Practices Act, harassing me with starting over when the first action is still going on?
Watch this video by an NY attorney that discusses a recent development about how courts are requiring the banks and their attorneys affidavits confirming that the foreclosure is NOT a defective foreclosure before commencing foreclosure proceedings. Interesting.
I find very few reasons to agree with the so-called “Tea Party” gang, but in this case, count me in. Governmental agencies that are designed to regulate, in too many cases, either are lagging in handling complaints or not handling them at all. They are not regulating.! That means that many of government’s employees, federal, state or local, are being paid to deflect, confuse or to make simple cases complicated, without providing aid and assistance to taxpayers and consumers. Take the Department of Labor, for example. You look on the Employee Benefit Security Administration (EBSA), website, and what you see are announcements of investigations they’ve conducted, new enforcement programs they’re starting up, or companies they’ve sued, followed by not so glowing results. On their website is a page for filing complaints, reporting a problem or asking questions. Try filing a complaint and see where it gets you. Shifted from one division to another, which ends back where you started. Write to the Seretary of Labor or the IRS Commissioner, as I have, and you get no response. Nothing! The Internal Revenue Service is supposed to investigate and take action against mortgage lenders who make money from refinancing mortgage loans or pay taxes. But so far, reported and acknowledged fraud among these lenders is on the shelf. Meanwhile, you and I, who have made claims, filed complaints, or sought help, are frozen out. I’m sure 4closurefraud.org knows exactly what I mean. We have no regulation, either of employee pensions, mortgages or loans, nothing, nada. Finally, as the Greenlining Coalition has acknowledged; if the IRS provided the response to yours and my claims for Mortgage Debt refunds, we would have no mortgage crisis. You and I wouldn’t be paying more for our homes than they are worth. Fraud causes this you know, along with government complicity and thus, acquiescence. As host of harperenterprize.com, and as a taxpayer, homeowner and consumer, I will be working alongside web hosts and others who want to expose this lack of regulation, and establish an effective regulatory force. First, make these agencies justify every penny they get in budget allocations; Zero-based budgeting. If they can’t, dissolve the agency, or exclude the excess. Time for an overhaul.
Wendell, you are right on the mark. While relying on the so called consent Order from the Comptroller, I sent a complaint and supporting documents against JPMorgan Chase Bank and how the bank was about the business of fraudulently foreclosing my mortgage and my home. My complaint was sent to the Comptroller’s customer service. When that happened instead of being referred to an investigate or enforcement arm of the agency, I knew then that my complaint was destined for the land of thanks for coming it file maintained by an agency that decides not to get involved with a citizen and his or her complaint. Sure enough about three months later, my thanks for coming in letter arrived. But the United States of America’s resourses in place to protect its citizens is even more egregious than agenices. It extends to courts. I can attest first hand based on my experiences with courts, that judges presiding over them see no duty to protect citizens who come before them. Judges resolve cases based on their personal ideology and views having nothing to do with the law. Attorneys accept such conduct for fear of retaliation by all judges before whom they make their living while pro per litigants are without recourse because our society trusts the courts and is with the general view pro per litigants are not sophisticated in the law. I have a proof positive case against four judges of the United States Court based on claims of fraud upon the federal court based on judicial misconduct by federal judges. The Case is under Williams et al vs. JPMorgan Chase Bank et al. USDC Nev. 2:10-00118-PMP-PAL. The federal judge who is taking senior status in a matter of days made a fraudulent Order authorizing Chase Bank to subject me to a foreclosure. After noting that there were no mortgage instruments presented by Chase Bank in my case period much less that authorizes Chase to foreclose my mortgage, the federal judge order simply includes wording authorizing Chase Bank to foreclose my mortgage without the mortgage or any other instrument whatsoever. When I brought the matter before the federal appeals court and apparently motivated by maintain the integrity and reputation of the trial judge, the appeals court three judge panel dismissed my appeal while covering up the Record of evidence showing the false and fraudulent order and the Record showing how the judge had mismanaged my case. Because my wife and I are ordinary citizens, we have not been able to get a response from a state or a federal agency – including the United States Department of Justice or the FBI. Chase Bank is openly and notoriously about the task of defrauding us of our home – doing so with the confidence that in America corporations rule. Washington Mutual Bank who apparently mismanaged my note was my lender, while the Record shows JPMorgan Chase Bank having nothing whatsoever to do with my note. A bank should not be able to enforce a foreclosure without the note or any other documents establishing a bank’s involvement with a note. But this is the case here. We fight on but this nation of laws has shown more to be a lawless nation, White collar crimes are more egregious than other crimes. They usually involve a much higher property value and often times leaves victims with no avenue of restitution. Yea, the white collar criminal sometimes is jailed, but the victim is left pennyless, We, the citizens being duped by the US system(s) of justice need to come together to create straw agences, much like the British has in place a straw government. Citizens with knowledge to do so in each of the respective fields should operate under straw agency counterparts to each and every federal agency, yes, including the courts. Private concerns such as the ACLU should provide a legal arm of the straw agencies created by citizens. Funds to facilitate all of this should come out of our pockets and any trust, endowment or grant that is out there. Right now citizens without counsel and sometimes even with counsel have no recourse when an agency or a court decides against enforcing a citizen’s right. There is so much corruption on the civil judicial process that it is no doubt in my mind that is spills over into the criminal judicial process. My personal experiences before state and federal courts are so extensive that I can, and if the LORD lets me live long enough, write a book. The book I intend to write won’t change the corruption taking place within courts or agencies of the country, but it may serve to notice citizens what to expect and how to mitigate fundamental violations of their rights as they seek redress and remedy from courts or agencies. I can independently be reached at rnwil3@aol.com. I am not kidding about citizen straw components if we are to ever be able to secure any kind of consistant justice. As I heard before, the United States of America is truly rapidly being converted into The United Corporations of America protected by America’s courts. Citizen United only scratches the surface.
I have an attorney in Minneapolis that will depose Joan M. Mills of Wells Fargo. She is a rubber-stamp-wielding robo-hobo endorsed-in-blank vixen. Seeking participants to defray the costs ($600-700). contact me at usedkarguy@yahoo.com and I will give you the attorney info to make your contribution. Put MILLS/DEPO/4FRAUD in your subject line. Once she is deposed, we can put it on SCRIBD for everyone to use (like the Jeffrey Stephan depo). Thanks all, RPR
One way to tie up lenders: If you are a borrower, file a 3949 form for “failure to report”. Mortgage Lenders, whether banks or otherwise, have not reported the income they received on mortgage loans or that have been refinanced, new homes purchased, or home equity loans. All lenders are required to report this income and to pay the taxes. If you have refinanced or taken out a loan, doesn’t matter whether it’s past the statute of limitations; what matters is that these lenders have not reported the loan amounts, the prepayment rider, points or other fees they received from the transaction. If you file a 1040x, or amended return, even when the lender is foreclosing, you will have a legitimate claim for all the loans you refinanced or took out. Try it and see.
Wendell, The banks and mortgage lenders do NOT LOAN a home borrower any money, because the Federal Banking Law prohibits the bank from loaning their money or credit or loaning any of their depositor’s account money so where do you think the mortgage Lender or Banks get the money to loan you? These so called mortgage lenders and banks get the money in the form of a FREE loan to them by your debt signature on the promissory note when they stamp an illegal allonge or alteration on your promissory note that turns your signatured note into a check and the lender or bank endorses your promissory note. You just gave them the FREE LOAN and the lender or bank gives it back to you as a loan so they do not have to pay Federal Income Taxes on the money you unknowingly, without authorization, and undisclosed by the mortgage lender or bank lent them. Read more at 1RealEstateHomes.com. So all the money including principal and interest that you have paid on your ‘mortgage loan’ is tax free to them. Are you going to let the banks and lenders get away with this fraud?
chapter 13 allows second trust lien to be stripped in bankruptcy in all states perhaps but in oregon and washington state for sure. http://www.olsendaines.com has more info on that.
Anybody have more information or documents regarding PHH in the State of Florida? Specifically looking for cases involving Shapiro & Fishman and their use of affidavits and notaries. Thankyou in advance for any additional leads. I am tracking several former employees which are starting to talk given their fear of depositions and such.
cant wait to read what the former employees are saying? are you going to post it? where can we send information to you on cases of fraud by shapiro and fishman and BAC/BofA?
I have a DOT with a loan number typed in and signed by me. Four days after it was signed the bank hand wrote on the DOT a DIFFERENT ACCOUNT NUMBER on the first page. The bank then recorded the document and the original was sent to a title company in FL. Not where the banks home office is located.
This was a HELOC and no money was ever loaned on the original account number however, all transactions and money were referenced by the hand written account number.
I am in court trying to prove that changing the account number is not legal (no notice and I did not realize it had been changed until after a foreclosure). All foreclosure documents and money refer to this second number. Nothing refers to the original account that is on all documents that I signed. I never signed any documents with the second account number.
It seems that this would be a material alteration of the DOT and or that the second account number was not secured by the DOT or note.
Is that the only grounds that you have because its similar to my case it appears that when the loan is being service is has a different number for some reason.
This was one area I thought was huge. I understand that it also means when the loan has been sold another number appears to collect again.
Also my DOT did not have a tenant in suffrage clause, which does not allow them to evict. Most DOT do have that clause on default.
My August 2007 FHA/HUD loan was with Lend America,then sold to Wells Fargo before first payment went out,found out 7 months later after purchase of home that the Appraisel was never finished on home,cause of no entrance to attic and no ventilation to attic.And in seller discloser they stated that Home was Contructed on site in 1988,but found out that the Home was Manufactured in 1981 and moved on site in 1988.The entrance to Attic was sealed off by seller to help hide the fact that their is structural damage and leakage and that it was a manufactured home.My Real Estate Agent was also working with seller of home in which they call it ” Dual Agent ‘. I have contact F.B.I. & Pa Enforcement & Investigations,and NO charges were put against these Criminal Act of Fraud.I had ask for legal Aid and was told that they were NOT permitted to litigate in these matters.now my Home Foreclosed on has been sold back to the Bank in Sheriff sale and I am being Evicted. How do I fight Fraudulent Activity without any Legal Reprentation ?
Just got a California Trustee’s Sale notice from MERS for American Brokers Conduit . . . anyone know of 9th Circuit or California authority discrediting MERS as a servicer and does anyone know anything about American Brokers Conduit? They seem to be defunct. Thanks for the assistance.
BofA is supposed to tell me exactly where my note is if I send a QWR right? RIGHT??? Because they’re saying they don’t have to (“your loan documents do not provide for such an inspection.”) Sounds like bullsh*t to me. We signed a mortgage with them, so they’re responsible, RIGHT?
I had to fight them because they only sent closing documents in response to my QWR. I complained formally to the OCC. Then I get letters from the “Office of the CEO and President” saying they have 60 days under RESPA when in reality it was amended to 30 days. I formally complained again to the OCC to let them know BofA was trying to pull a fast one. BofA responded AGAIN with only closing documents and gave me that “we don’t have to tell you this because your loan dox do not provide for such an inspection” line.
They say that FHLMC (Freddie Mac) owns my mortgage. How is that possible when it’s been transferred to MERS by public record? It’s bullsh*t is what it is. They don’t know where the note is, and Freddie Mac is merely the insurer. I want to know how my mortgage was securitized, because it was transferred to Countrywide and I am SURE they slopped chopped diced and sliced it up, and I want to know exactly WHO “invested” in my loan.
Any advice is greatly appreciated as I would love love love love love to take ‘em for quiet title but I just don’t know at what point I’ll have the grounds to do so. More formal complaints to the OCC requesting specifically my note? I know I could take ‘em to court for lack of response to my QWR.
I’m receiving the same run around…it’s been over 4 months with no response to a QWR. So, I sent another in depth detailed sheet to them…and now it’s been 2 months with no reply. My loan was originated by American Home Mortgage and I know which trust it went into, found the PSA using the EDGAR website. BOA can show up in court and produce fraudulent assignee docs or they can “Pound Sand” ala Justice Page.
Depending on your states laws (judicial vs non-judicial) you may have to drag them into bankruptcy court and have them produce all the documents, PSA, assignments…and then you’ll have them.
**Anyone who is working in Virginia with any success, please reply….I’m searching for additional causes of actions and strategies to thwart these thieves.
wow so you found your PSA! is it possible for an average person like me to do the same?
i am in a judicial state. i feel that because of the bank’s crap responses/blatant lies made to me, there’s no reason why i shouldn’t be concerned about my note and chain of title having been broken. my concern only grows with each day’s new lawsuit.
if it’s been so long and you’ve not heard a response from the bank, you should definitely file a formal complaint with the Office of the Comptroller of the Currency here: http://www.helpwithmybank.gov/
filling out the online form is very easy. you have 45 minutes or so to fill it out. so that i didn’t run out of time, i drafted my letter and pasted it into the form. be careful as I think there’s a character limit (though i had SO many more words to include they’ll assign you a number and you *may* get a better response! don’t even give them another copy of the QWR as you’ve sent it twice. if the bank gets back to you and gives you some “we have 60 days” BS, just fax another letter to the OCC, include your case # big and bold, and let them know that the bank isn’t playing by the rules
go into mers and find out who the investor is. mers.org and have your mers number. then find out who your trustee is that is overseeing your loan. write the trustee and demand the trustee reports . in other words follow the money. and find out how many times they sliced up your mortgage. federal law required them to have your note and deed of trust i ntheir vault at all times. the original blue ink docs that you signed. I have heard from oregon attorney general bof a has been forging documents like the deed of trust and promissory notes and loan docs since they dont have them in the first place. I think the FTC or federal reserve and the new u.s.consumer financial protection agency in d.c. under richard cordary former ohio ag has the authority to compel them to answer you . his website for the agency is on the internet.
best regards
DAvid
I purchased my condo in September of 2006. It was an ACORN Loan w/ BOA; minimal down payment and interest only for years 1-10 and a normal 30 year fixed at 6.5% years 11-40. I made 15K in improvements and I could easily add another 30K. But when the market bubble popped any more money spent may as well be flushed down the toilet. I am currently 50K underwater, more if you include the money i spent on improvemtents but I am current with my payments. I attempted a short sale and I thought we had it in the bag. I had a fair offer and I was ready to learn from this horrible experience and get on with my life. All indications from BOA were positive. In the final week before the closing the INVESTOR (BANA LAS HFI 1st LIEN) nixed the deal saying i did not have a hardship. Hardships are relative to individual circumstances. I have no incentive to perform the necessary repairs and any further improvements to the property. I can not make the property cash flow. It is a huge albatross around my neck. BOA and BANA LAS HFI 1st LIEN have placed me in a position where difficult choices are necessary. At this point I am inclined to strategically default. This is my first experience buying a home and I seriously doubt that I will ever do it again. For me renting is far more attractive and certainly less stressful. My faith in our government, Wall Street, the Banking Industry and our elected officials is non-existant. Their greed and failure to conduct business in an ethical manner has placed good people in this unfortunate position. Normally I would honor my financial comittments. At this time I feel no guilt or remorse in walking away. I, like so many, walked unsuspecting into this nightmare.
I am currently fighting a foreclosure here in Colorado and need case studies from anyone in Colorado that have been Successful with fighting MERS and secularization issue foreclosures. Colorado is the Worst in the nation
for standing up for the homeowners. Please I need any case studies as soon as possible. Thank you.
Clearly chase and the rest of these banks still can’t be trusted. It’s all a big joke to them. They are ignoring the law, and lying about changing their illegal tactics. They broke the contract with the government and just took our money and said screw americans, the government and america! Any judge who still ignores these facts is not fit to be a judge. I personally would be outraged as a judge for the lack of respect and the mockery they are making of our legal system. How dare these arrogant bastards piss on america and then try to tell us it’s just rain. A judge who allows this conduct to continue should be held liable for aiding and abetting and charged with treason. How much longer is our government and our so called regulatory agencies going to let these criminals make them look like weak scared idiots? To us and the rest of world! What lack of respect and nerve these people have. Committing fraud on the courts to steal our homes and rob us blind while our families and friends over seas sacrifice their lives for us, them, and this country! And then spit and piss in our faces for it. UNREAL!
Judge Phillip Pro, United States District Judge for the Nevada District.
About two weeks ago, I presented the 9th Circuit Court a complaint of judicial misconduct against the above identified judge. Its kind of a long story but I will make it short here. I sued Chase Bank, our trustee company and a law firm and employments for subjecting us to fraudulent foreclosure practices constituting fraud and also violations of several sections of the Fair Debt Collection Practices Act. The gist of our lawsuit was that Chase Bank could not enforce our mortgage note and trust deed for not being our lender and for not having possession of any mortgage instruments whatsoever (note, trust deed, assignment or servicing contract) establishing standing to enforce our note, subjecting us to foreclosure. What did Judge Pro do? He simply engaged in conduct proscribed under the HOBBS ACT by making an Order that provides Chase Bank an ARTIFICE they could use to continue to extort monies from us under color of our note and deed of trust, While the Order (falsely) reads that under the terms of our loan Chase Bank can collect payments and pursue foreclosure of our home, there are no loan documents in the federal Record providing this. Judge Pro unbelievably made an Order that stands alone as authority Chase Bank could rely to subject us to foreclosure. Fortunately the state of Nevada did better. Because effective October 1, 2011, a foreclosing entity is required to FILE documents properly endorse and showing chain of legal title authorizing a foreclosure. It is not by happenstance that on October 1, 2011, foreclosures were reduced over 50%. Two more things: Judges are public employees who rely on mortgage backed securities and other such securities to maintain their pension accounts in the black. Need I say more? It was reported that 80% of the houses now owned by foreclosing banks remain vacant. In order for a real estate transaction to be completed the seller must qualify the house for title insurance. Wonder why the houses remain not sold? Anyone knowing a lawyer who would like to come on board with is please contact us at 702 270-9937. We did everything in our federal case in pro per. We have a comprehensive and compelling record of document evidence that remains a public record under our federal action. It presents a roadmap to liability under a host of legal theories – including the Racketeer Organizations Corrupt Act. (RICO)
Go to your local Sheriff Sale page and you can start getting an idea of what is happening. My own home is in action with Wells Fargo right now, so I check my county page every day.
Trial for Eviction for forclosure imminent (Fr9), Have Forensic Audit concluding Loan Was Fraudulent, maileddemand letter to lender who did not respond in timely manner, finished w eviction lawyer procedings, what if any options to stay in home6197503838
Got an attorney for you ….. contact me at forensicforeclosureauditors@gmail.com. These attorneys know what they are doing. It does cost but let me tell you I am working with them now on my house and they mean business. I am going on 5 months without having to pay and still have not received a foreclosure sale date. They are still working on my case but I am happy with the results so far. Now understand there are NO GUARANTEES as with anything but you have to just be prepared to fight. Just be resolved as I always say with the wort case scenario – you can either walk away or file bankruptcy. If you are resolved with that being the worst case scenario; than you are ready to fight for you home. YOU CANNOT BE SCARED!!! That is what they want you to feel. You have to be strong, courageous and stand up for your rights!!!! That is what I decided to do and that is what I am doing. These lawyers work in all 50 states. But the cost to me is low….and worth every bit.
Hi D. Perry.. I have been a victim of a balloon plan that has exhausted all my savings. My payments started at $900.00 per month in 2004. Now I am at $2,200.00 per month and its steadily going up.. I am about to lose my home of 16 years and I really do not know what to do. I think I have a pretty solid case, especially that I have signed the loan in 2004 for a fixed 5% rate. My loan started at $175,000.00 in 2004. In seven and a half years I payed the bank more than $110,000.00. Do you know how much I owe them now?? $178,000.00.. That is not fair. Now they are threatining for forclosure. Please help. http://www.prestige.fashions@hotmail.com
Got a notice from Wells Fargo a week ago..(we have been late on payments but making them…) they want to refinance etc…and offered to do so in this letter…..what should be our first move be (in DFW/Denton Texas area)? Anybody suggest a lawyer? I was just told about this site by a friend…SCARY stuff!!! What have I been working foor all these years?!? I only gave these folks money to get a note at the end…and now there might not be a note to have?!?! Fraud in the enducement?
The above federal statutes provides you the right to direct a letter to Wells Fargo demanding any information you may require concerning your mortgage and mortgage account. The Act requires a response by the bank to your letter within twenty days. The Bank also should be able to provide you a certified copy showing that they are either in possession of your note or is the duly representative of the person(s) or entities possessing your note, thus the right to enforce it. The most important document – particularly if Wells Fargo was not your original lender – are documents showing/providing a valid transfer of the note/mortgage but also that demonstrates the precise reason for the transfer – i.e. sales transaction, transfer of serving. Your state has its own version of the Uniform Commercial Code as does most all states. The Code codified under Texas statutes, dictates precisely the steps taken for a note and its benefits to be transfered. The paperwork in the possession of Wells Fargo must have been executed, transfered, etc. precisely in accordance with Texas Law – the codification of the Uniform Commercial Code. We are a couple who has proved not only JPMorgan Chase Bank as subjecting us to fraudulent foreclosure practices, but have also since proved that the federal courts adjudicating our claims – trial and appellate – as being complicit in the fraud. The problem is that the powers that be that the law provides us to go to simply won’t respond to our claims against a major bank, Judge Phillip Pro – a judge for the Nevada district court, or the 9th Circuit panel that covered up the judge’s conduct. I am poised to file a RICO complaint against not only Chase and its lawyers, but that also includes Judge Pro. As you can tell, my two and a half year efforts to vindicate our rights has taught me much. My Case is under Ronald Williams and Jann G. Williams vs JPMorgan Chase Bank, Chase Home Finance, California Reconveyance Company, The Cooper Castle Law Firm (and two individual employees – one from the bank and one from the law firm) USDC, Nev. 2:10-cv-00118 PMP and USDCA 9th Cir. 10-16102. On October 16, 2011 in an effort to nullify the cover up by the 9th Circuit of Judge Pro’s Order based on fraud, we filed a Rehearing Petition with the 9th Circuit that is pending. Another distressing point. Being a person with a 4 year degree in Political Science, I have always held the belief that Republican appointed judges leaned towards corporations over people and the opposite as it pertains to Democrats. That is until the 9th Circuit’s recent disposition of my Case. The Record partially set out by my rehearing petition shows three Clinton appointees of the 9th Circuit’s total and complete misapplication of the law – all for the purpose of shielding Judge Pro and JPMorgan Chase Bank from their fraudulent conduct. I can say all that I am saying regarding the judge and the bank because I have concrete evidence that in the form of the Record of my federal action. We are vigorously trying to shop our federal record to each and every agency – state and federal – to achieve vindication. I have drafted a comprehensive complaint under the RICO that identifies Judge Phillip Pro as an Associate In Fact who by his Order dated April 5, 2010, engaged in the last predicate act in furtherance of the fraudulent scheme (“Enterprise”) of the fraudulent takeover of our note and deed of trust by JPMorgan Chase Bank, commencing on October 10, 2009. Our complaint cannot be more emphatic and with more evidence than ours. The problem is our status as being ordinary citizens. The Wall Street and other sitins nationwide precisely respond to what is currently happening to us in our case: In broad daylight and supported by a Record for all to see: a major bank and federal court judges engaging in acts to facilitate the fraudulent taking of our house. Thus far, we have not been able to get anyone or agency to do anything about it. We are at rnwil3@AOL.COM. My RICO complaint while citing the federal Record as proof, is available for transmission to anyone or agency interested. 702 270-9937. Publicity appears to be the only avenue left to us.
Hi Mike…..I am a fellow Texan as well and the same thing happened to me but since I have educated myself so much with all of this fraud I decided to get a forensic audit done regarding my house. It was done through legal specialists and after getting the results of the forensic audit back….it was just as I figured from all the research I was able to do on my own…. the information I found on my house was on the audit and then some. After the lawyer went over what was on my forensic audit, my husband and I decided to fight back..:) We call it OCCUPY HOMEOWNER FORECLOSURE FRAUD. This is our way of fighting the banks by taking them to court. The lawyer for us is reasonable and we have not paid a house payment for4 months and the servicer has yet to send a foreclosure notice. Right now they have to show and prove. However, if they take too much longer it will be going to court according to our attorney. The funny thing about our situation is that this company had a cease and decease in California, Oregon and Georgia….. That is what I found out through my research. You have to make the decision you are comfortable with……some people want to fight but get scared and given in…. WE ARE DETERMINED TO FIGHT!!!!! You have to think about what is the worse that could happen either you walk away or file bankruptcy. If you are OK with that resolve than you are ready to fight. If you are ready to fight than I will be happy to give you the information of the people who are helping us. I am very pleased with what they have done so far. We were going to go Pro Se, however, we have so much information and proof on how the judges here in Texas are paid off and corrupt that we decided to fight with an attorney.
D. Perry, curious what company you are taking about that was told to cease and desist in Oregon, California and Georgia. I live in Oregon and I haven’t heard of any lenders, servicers, collectors etc. with a cease and desist order here.
To fraudstop….. The company is one in the same they are NAD Acquisition 3 aka National Asset Direct Acquisition 3. They are also dba iServe Servicing Inc. the link to the cease and desist in Oregon is listed below…hope you can open it…….
Hi D…. Have a dear friend facing foreclosure here in Texas. Please keep
us informed of your case.. She can’t afford an attorney. Thanks, Paddy nrgymed@aol.com
Can you please send any contact info for the specialists that performed the forensic audit ? Also, if possible can I ask for the attorney’s name. Truly appreciate the assistance.
Many Thanks
Be careful Mike….I had a friend almost lose his home because he accepted a lower payment program from BOA, a year in they yanked him from it though he never missed a payment, demanded all the “arrears” of the difference in payment then filed for foreclosure because he didn’t have the ability to pay it all back immediately!!
I am looking for a notary public Erika Reyes who’s commission # was 1455401 and expired 12/09/07
I think she was a new century or home 123 employee. I heard that anything these people notarized broke the CA notary law (they didn’t keep logs) and the assignments they notarized are void. I just had a mortgage assignment show up in my registry of deeds a few days ago that looks fishy and was made by the Richmond Monroe Group. It states that my loan went from home 123 straight into a scrutinized trust on 8/4/05. Any help please email me at : aladdin786@comcast.net
We began to take on MERS as’ nominee’ for Fremont Investment and Loan, in a Servicing and pooling agreement via CitiGroup (dated 5 mo after house note, and exists no where in my note). Changed lenders via a blank, except for the undated, not numbered, non-notarized, random signature page. Supposedly signed by a Steven K. Patton, Sr. ‘VP of MERS’- to HSBC But wait! First it went through Wells Fargo, while being ‘serviced’ by Litton, who was named as the ‘lender’ in some of my documents. The battle for the house started in ’08-just after filing CH13, just before they began to try to foreclose. Just as my husband went to Iraq, to work for a giant Department of Defense company – the only work to be found when our 20 yr old electrical business bit the dust.
Well, since he was making a good salary – working in a war zone, dressed in protective gear, half a world away, at 120 degrees…it seemed like a good way to “put away some money” at the time….Enter “The Re-payment Plan”, to qualify us for a modification – $4550/mo for 23 months on an $1800/mo note because of fees, penalties and figured in Payment Pyramiding. Loan loaded with masses of violations and blatantly fraudulent. My Super Great Modification?? A Re-Finance is what it looks like, 4.95%, 30 years, payment $1890/mo, and if there’s any left over, a Balloon Payment at the last payment date. What?!! Yep, on a $252,000 note, that I had just paid almost $60k into on top of the previous payments, I get to pay off $290,000 (+/- a few k) and for Another 30 Years! Something is definitely wrong with that! We signed it though, but I’m not sure why, as I’m not thinking they have any right to the note!
Too bad, I live in CO – non judicial and I can’t find a lawyer ANYWHERE! My BK lawyer took me to the cleaners but didn’t help on my cars or house one bit! Actually, left me worse off than I was! Had to get different cars – with horrid interest, of course! Wouldn’t deal with the taxes (had a bad audit I couldn’t defend, I could but it wasn’t allowed during bk – as only one Federal case at a time seems to be the rule!) And she didn’t put in about 15k in Medical Bills…sigh, cry, scream.
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My husband came back, after his 12 month contract was up, and not renewed – project was done. Unemployed and looking hard for 8 months – did I say savings? There it went. I was told by Litton, at first that all the “laws weren’t in place yet” to help us, then that we had to be at least 3 months behind before we qualified for anything, and that we had “just had a modification”, and so much more. Asked for unemployment relief that I had read about, apparently the servicers and lenders don’t know about that yet. Well, thank God, he found a job!
But now we are a looong way behind on whatever mortgage there is on the house, doesn’t look like I can do this alone.
I did research, found the “rules”, figured out how to find the issues in my note(s), and wrote my responses to the Foreclosure we shouldn’t be in. HSBC filed NED on 5/3, Litton had given me (yes in writing) until 5/4- -yes, I milked it till then, but got it – the HAMP paperwork in-and verified. Next Day, a Notice on the door. Then, same old crap, No contact, Litton didn’t know why HSBC was involved, told me it would be on ‘hold’. Then that it wouldn’t be on hold, but no sale while they ‘evaluated’ (yup, recorded the conversations too).
So I went alone to 120 hearing, Plaintiff’s attny perjured herself in court, and though I objected, with proof, and objection was granted,…the Trustee apparently thought perjury in his court was okay. This is rich: So as they hadn’t shown on July 6th to our appointed 120 hearing (no she wasn’t fined for failing to appear, nor was the case removed), the 120 hearing was put off to late Sept., and again, I had all manner of proofs of predatory, usury, TILA, RESPA, even now HAMP violations, Flipping, Equity Stripping, Missing Docs, Incorrect PUD, over 10k in YSP on the 2nd for broker (2nd being 63k when Fremont split my loan in the ’05 refi) plus OH so much more.. I heard, “I see the procedural issues, but we aren’t here to discuss those.” from the Trustee/Judge.
So Trustee sets sale date for 11/2–while I am still being eval’d for HAMP, even got a HAMP double escalation to deal with Litton. Who sold my Seriously Upside down (try hse worth 225K, bought for 285k Fremont split into 2 notes at refi, so ‘only’ owe 286k on 1st – after 9 years.) Off Track, Sorry, Litton, just last week ‘sold/transferredd’ it to Ocwen–the same company Fremont sold the 2nd to, Ocwen then sold to Real Time, and now apparantly DB Structured Products owns what I though was washed in the BK! Litton AND Fremont claimed 286k each, and Ocwen claimed $68k, in my CH13 turned 7 (in 2/2011).
I’m thinking that’s not in Ocwens best interest to purchase a defaulted/foreclosing note, just as it wasn’t in HSBC’s when MERS ‘sold’ it to them (nor were we under 700 credit score, so should not have had a sub-prime ARM in ’05 to start with) – although it says FIL did the selling to HSBC in ’08, and somehow lists Litton as ‘lender’, but by that time FIL was no more – shut down by OCC so far as home lending goes before that confusing transaction.
Last thorn? I Just got off the phone with the HAMP rep. The supervisor that had helped me before wasn’t immediately available, so someone else was “going to try to assist me”. As soon as this first one heard that Litton was transferring the loan before the time frame for response to the “NPV denial” to the HAMP modification, she about flipped. She said something about how that wasn’t legal, and that she would need to speak with her supervisor about making a “trial case”(?). It was odd how alarmed she seemed with what I had told her, especially given that when the original supervisor called me back later she did not seem to think the time frames were odd or unreasonable. In fact, she said “the banks do it all the time”. Yes, my mouth fell open. I asked if that made it okay, or legal, or within the parameters of their contractual agreement with the government??!! “It’s a grey area, and the banks do it to make more money.”, Now my mouth had not just fallen open, but my face slid completely fell off my head!
During our conversation, I realized the NPV letter I received on 10/12/11, postmarked on 10/03/11, was dated 9/26/11. meaning, I have until tomorrow to get my NPV response to them! Of course I left Yet Another voice mail, As If That is getting me Anywhere! I’ve got a half dozen or so phone numbers to leave them on, they don’t get returned. I will try to call “Early in the morning when there is less call volume”, as the HAMP counselor so kindly suggested…LIKE I HADN’T THOUGHT OF THAT??? about a Year Ago!?
So I’m in a sh**storm. AND I NEED AN ATTORNEY!! I’ve been looking, calling, reading, searching for a month – no replies. Anyone Know Anyone Tough cost be damned at this point, I refuse to pay my mtg as I don’t know who, or how, owns it. I’d much rather pay an attorney – quiet title, and restitution for my injuries and my attorney’s time, would be the goal. I’ve gone from pretty sane and normal over the past 3 years to a diagnosed Major Depressive, with an eating and sleeping disorder! Wonder why.
I’ve recorded calls, names, times, dates. I’ve highlited, tabbed, and organized with law quoted, all (or most) of the violations in my Fremont refi turned MERS turned CitiGroup turned Litton turned HSBC, and finally (from Litton somehow) turned Ocwen. OMG! Really??? I’ll scan in my signatures tomorrow – unreal amounts of WT* kind of handwriting (oh, that’s a stamped signature on that non-notorized, date-free paper with three *** identified as the New note holder (kindly identified as *** is HSBC — UNDER the signature that resembles nothing in the name of the “MERS” VP).
Hate this. PLEASE SEND ME ATTORNEYS! I CAN NOT DO IT PRO SE ANYMORE! And I Will LOSE MY HOUSE TO THESE CROOKS ON 11/2/11! Even though the HAMP rep tells me there ‘has to be more time, as I have 30 days to read over the NPV explanation, then another 15? days for Litton (or Ocwen) to respond, then a little more time to re-respond, or re-apply” I never should have tried to do this alone! Silly me, all these laws broken and obvious, I ASSUMED that Justice Was Blind!.
Trustee’s just got a 25k raise from the Foreclosure Attny’s lobbying – not too mention their sweet vacation getaway funded by the same attorney’s – the one’s working on Stealing My House! The very same ones who sold the state of CO the computer program that Processes Each and Every Foreclosure – for a hefty sum + a swell Kickback from Every Foreclosure their system processes! (Info on raise and computer program courtesy of Denver Post).
HI – I am so sorry for all your efforts and issues involved. It’s so criminal.
Pro Se’s are only hurting the legal system and homeowners trying to fight these bad, unlawful foreclosures, as they are getting Motion Judgements against them, because there are so many issues with CDO’s MBS, REMICS and such and quite frankly, judges hate pro se’s. The cases the Banks are using are all in there favor because of Pro Se losses.
Contact me at tam1012@comcast.net and I need to get an intake form and can pass along the information to an attorney that can help. He’s fighting accross the country and winning. He also has cases in CO.
I really take issue with your statement that pro se’s are hurting our legal system. Don’t you think that foreclosure complaints should be answered regardless. The absence of anyone who mattered at 99% of foreclosure hearings is what has enabled robo-signing and rubber stamping. The judges and foreclosure mills knew no one was minding the store. Shame on you for blaming homeowners who are not in a position to pay $7000. retainers and $500/hr. Maybe you should start blaming the judges who have allowed all of this fraud to go on right under their nose all in the name of speed. And, if judges hate pro se thats too damn bad. You can’t blame bad decisions coming down on anyone but bad judges. By the way, I love law firms that are scouring these websites looking to solicit clients. So to anyone out there fighting pro se because it is your only option- go for it! Rolling over is not helping anyone!
Pro Se Ways….. Well good luck to you and your venue. I am not scouring websites to promote anyone or any attorney. Perhaps you may have overlooked the fact that I was in the same boat that Pro Se 4closure Fail was in. I couldn’t find an attorney to save my home in my state. Since there are very few that are well versed in the fraud of the banks and mortgages. I was trying to reach out accross the country to find help, because I was not well versed in the legal system and knew I needed an attorney. So when the state has hardly any cases fought with well versed attorneys, the state gets saturated with Pro Se losses, because people like me may try this avenue and can’t succeed.
Well, if you live in a Non -Judicial state and fighting Pro Se, beware, the banks will likely turn the case into Moot. and then refile under a judicial foreclosure AND also then they have the right to sue for deficiencies. So be prepared if you lose. You can lose your house and also gain a $300K judgement for deficencies as well. Then how does paying an attorney $250 an hour and a upfront $3000 retainer. For me it’s a no brainer to choose an attorney if a good one is found.
You are obviously very bitter about this. And it will no way help you succeed with that type of attitude. And before you spout off, some of us here were in a Pro Se situation and know that we need an attorney and we reach out on message boards to find someone who can help. So when I read ProSe 4closure Fail’s message, I know EXACTLY how it feels and would have given my eye teeth to have someone reach out to me to help me find an attorney.
Good luck to you.
Hi! my name is Cindy. My sister and my brother in law have a problem with there mortgage company. They had Citigroup/ Bank of New York Mellon and my brother in law told me that one of the banks who got money to bail out the homeowners is one they had. So my question is how do we find out if there mortgage was paid off? Can you send me the name of the lawyer you know who’s helping ppl and winning? We are in Glendale Heights Illinois. Thank you
Marie – I am sure we have a lot of common ground in this fight and arguing with you was not my intention. I certainly wish you the best of luck but I cannot agree that every homeowner who is unable to afford an attorney should stay away from the judicial system so as to avoid a “bad loss.” That, to me, is too simplistic an approach and is exactly what the lenders and the courts want. Defaults are so much easier to process. If a pro se “bad loss” resulted in a court opinion, any good defense attorney should be able to deal with that. And, I also see no evidence to confirm your statement. Also, I will refrain from calling you a name, but you bet I’m bitter. Most of us on these sites have been abused and damaged from lenders and foreclosure mills and are hanging by a thread. And, for the record, I have no venue, you’re the one with the intake form.
Anyone out there from California? I see no change in handling of any modifications or foreclosures; pending modification, continued to foreclose, agent to reo??, declined mod/moved by to prior residence of 12 yrs./declined mod; house sold at foreclosure, locked out prior to date discussed/arrangements made 30 days prior with room mate who paid nothing for 7 months/received 3000, paid person 400 plus storage shed to move me back to upsell home pending short sell, that was 9 months ago, once again pending short sell approval of price/now wants to deny hafa &short sell, speed up too foreclose on Nov.16/2011. claims homeowner refused to let appraiser in??? has been appraised 7 occastions and no one has refused admission to home/ had 3 homes in area, will now lose all 3 to foreclosure, current home, home next door pending foreclosure now reo/ locks changed/ cash given to tenant $3000, unbeknown to homeowner, who re-embursed deposit $2000; unable to keep property without current tenant, unable to rent in mid school year/ called Crystal Mortgage/federal loan, modified loan has risen to $500+ returned from surgery only to get all of this dropped on my plate; called lender, this is obvious illegal, doesn;t matter now, you are deliequent now, guess so; they will continue with foreclosure and did I want to short sell, since they already are selling the property, so unbeknown to me after having the carpets cleaned, terminex, 2 doors repaired, lawn is green again, I now find out it was all a hoax/ Tenants left with 5000 moving expenses from home next door/ organized by Lucy Silva?? Reo team for Coldwell Banker???? this can;t be correct?? no forwarding address for tenants, and some stranger has keys to my home???? and at the time was not in default??? and this is America??? Quilty until proven innocent?? try to fix this one, going on third loss of home due too injury loss of income, income has dropped from 75000 to negative going on 3 years now??? one has too lose everything?? this is legal? As soon as you stop paying your mortgage, rather you can afford to or not, it makes no difference you are quilty as charged until proven innocent, good luck with that, laws are written to protect those that can afford to be protected the rest of you might as well set up camp,,,,,,,,,and this is California??? will any of your complaints reach the Attorney General? the Govenor? most likely not; far too many issues going on, homeowners are the last of their priorities and if you own more than one home makes you even more of a criminal needing no assistence. some of us are now ruined for life, far to late in the game to over come this situation; hopefully the younger generation will learn something from this if they don;t starve to death first.
I am in California. I know something that can help for the moment. Email me and we can go from there. I am not soliciting. I too am in the same boat as you. I’m single mom left with house in debt for a divorce, been working on a mod for 18 months. Reference this link for a prompt response. Blessings.
Federal judges are quite protective of pro se litigants. They will go the extra mile,to protect your rights. Go to Youtube–search for How to Win the Foreclosure War, Part 1. I am a paralegal, with a JD, who has kept a client in his home, three years, after forelosure, and on his way to victory, on a dual track of state and federal court. You may verify the case, In the Circuit Court of Berkeley County, WV, Case No. 10-C-145, in the Office of the Clerk, Virginia Sine. Feel free to call me at 334-355-1077; or 334-316-0647; or contact me at: ronaldleewht661@gmail.com; ronaldleewht1953@gmail.com; or ronaldl.white@yahoo.com. Let me help you, or you can wait for the set of books I am writing, such that you may draft your own pleadings, and other court papers, following the templates. File your paperwork in federal court, where the judges are less corrupt. You will need to seek an injunction, to enjoin foreclosure and eviction. Even if you have been foreclosed, and evicted, you can still sue the bastard banks, for tortious breach of contract and fraud. Let me help you. My rates are quite reasonable, half of the $250 the attorneys want, my paperwork is first rate, world class. Look at the paperwork for the Plaintiff in Case No. 10-C-145. You can buy all the pages in the case,for $1.00 per page, and there are more than 5,000 pages. It will be a brutal fight, but winnable. I am the champion of the llitte guy.
This is in Washington state.
Refi with originator Alfund in April 2007
American Home Mortgage servicer
12/7/2010 Notice of foreclosure sale by Trustee First Fidelity National Title on behalf of MERS as beneficiary. Sale kept getting canceled and then rescheduled as we continued to send them the forms they wanted for Mod
We sent a letter asking for proof of Title and ownership in June, and sales stopped getting scheduled.
In July Washington passed the “Foreclosure Fairness Act” …BOA helped the politicians write it, so as you can guess it really should be called the “Foreclosure Facilitation Act” It contains stuff like copies of Title and Promissory note are ok, does not say Lender, but says Beneficiary and beneficiaries Agent. Also “Owner” of note can prove they own note by simply providing written affidavit saying they own the note.
Now on October 3rd AHMSI sent us a “Pre foreclosure” letter complying with the new Act saying that the beneficiary is now a trust called “Harborview 2007-5” When you look it up on the SEC.gov they list Deutsche Bank as the trustee.. well low and behold on the county records on Sept 5th 2011, AMHSI assigned the deed of trust from First Fidelity to Deutsche Bank. Anyway I have 30 days to respond to the letter requesting a mediation meeting with them. 90 days from the date of their letter they can file a new Notice of Foreclosure with the state, and hold a sale 120 days later. All these new trustees, and lenders are an admission that the current foreclosure is illegal.
My question is this… should I immediately file a suit against the first foreclosure which is still active and on the books before they can file the new one? Once I file, can AHMSI just drop the foreclosure, or will they be compelled to admit it was a false, illegal suit, and will it help me fight the upcoming one when they get their paperwork lined up.
PSA Side note.. the closing date of the trust was July 12, 2007, and all deficiencies had to be fixed by July 12, 2009. They just gave title to trustee Sept this year.
I can do this because I have absolute proof. On April 5, 2010, Judge Phillip Pro with his Order terminating my federal Complaint and on behalf of JPMorgan Chase Bank, made the Order that stands alone as providing JPMorgan Chase Bank to subject us to foreclosure. On October 10, 2011 after the Ninth Circuit affirmed Judge Pro’s conduct, I directed a Complaint by statements under oath directly against Judge Phillip Pro and indirectly against the Panel of circuit court judges that by their opinion covered up the fraudulent practices by the Judge. For those of you out there that know the ropes I will end with this: When Judge Pro made the Order, the closest thing to loan documents, as the Order characterizes, were the not certified copies of the originals that I had executed on October 30, 2005 in favor of Washington Mutual Bank. I had made the not certified copies part of the federal Record to expose JPMorgan Chase Bank’s and its attorney’s false pleading that Chase Bank was the servicer of our mortgage. In the world of robo-signers and others who dare to create false documents to support foreclosures, ours is the only case I believe where courts have determined standing in a bank’s favor without the bank having to produce mortgage instruments period. This is our federa record and anyone is invited to review it through PACER – Ronald Williams et al vs. JPMorgan Chase Bank 2:10-cv-00118. We are a senior citizen couple of Afro-American descent who appeared before Judge Pro to defend against his dismissing our complaint. We believe the Order based on evidence that is virtually non-existent was motivated by Race, Personal Greed on the Judge’s part, or an inexplicable bias in favor of JPMorgan Chase Bank. Being ordinary citizens has made it difficult to draw the public’s attention to our plight – a plight well documented by the public Record that is our federal case. In our case four federal judges took an active role in the cover up of by fraudulent foreclosure practices by a judge. Any referral anyone reading this provides us will be greatly appreciated. Our case in before the 9th Circuit pending our Petition for it to review what it did to us by dismissing our appeal. I may have mentioned earlier that I have also sent a complaint with all of my statements under oath against the fraudulent, racist practices of Judge Phillip Pro, United States District Judge for the District of Nevada. I can make this claims public against him because the Record absolutely supports the claim. I will shop our plight and the record around the nation until Jesus returns for all of us. The question why no-one has went to jail may be answered in the Record of mines and my wife’s case,
Ronald,
The note is irrelevant. Even if the note is missing, it can be proven that the purchase money was provided by a lender, and you did not pay. However, when your inabiity to pay materialized, your lender had already made a separate unilateral contract, to give you options, in the event difficulty in making payments. When they reneged on that, that constituted fraud. File your lawsuit, immediatey, on that basis. If you cannot pay the $350 fiiing fee, make a motion for in forma pauperis status, and get the fee waived. Simultaneously, file a motion for an injunction to prevent foreclosure, if not already done, to prevent eviction, if the foreclosure is already done. This will keep you in the property, until your lawsuit reaches its conclusion. Do it, in federal court, despite difficulty, they are much less corrupt than state judges. Demonstrate, in the streets, against judicial corrupetion. Make it a major issue, in the elections, a year from now. We can have a peaceful revolution in this country. File ten million lawsuits, simultaneously, against fraudelent foreclosures, bring the foreclosure juggernaut to a screeching halt. Bankrupt the banks, and Wall Street, with a tsunami of lawsuits. We will win some, lose some, but most importantly, we will be heard! Let’s free our country, from corporatism, from the tyranny of Wall Street, and from corrupt politicians and judges.
SEC Charges Bank Executives With Hiding Millions of Dollars in Losses During 2008 Financial Crisis
======================================================================================== http://www.sec.gov/news/press/2011/2011-202.htm
Interesting information on how the Bankers are working on
responding to non-judicial foreclosures
(press in ABA Banking Journal for Oct 14 2011 -the author is Patrick M Roberts ESQ.)
»
How to resist borrower challenges to non-judicial foreclosures
ABA Banking Journal
Complaints filed by borrowers typically fall into the categories of wrongful foreclosure; quiet title; declaratory relief; conversion; fraud or negligent misrepresentation; unfair business practices; breach of written contract or of implied covenant of …
Here is the actual link……Thanks for the information…..I will be giving this to my attorney so that he can see what more the banks are trying to do to wiggle their way out of pure fraud and theft….
Is there a way for me to retain the property at a reduced mortgage principal (current market value). Any suggestion or guidance is welcome.
I have a mortgage with Charter One Mortgage for an Arizona vacation home. I stopped paying the mortgage starting 2011 as CMM agreed to take the property back ‘In-Lieu’ of foreclosure. After many months of phone calls all I hear from them is that the legal department is working on it. In the meanwhile I am being harassed by the Home Owners Association (HOA) for dues as well fines for not keeping the yard per architectural standards. Is there any agency I can complaint to resolves the issue so that I am out of this deal?
I have a mortgage with Charter One Mortgage for an Arizona vacation home. I stopped paying the mortgage starting 2011 as CMM agreed to take the property back ‘In-Lieu’ of foreclosure. After many months of phone calls all I hear from them is that the legal department is working on it. In the meanwhile I am being harassed by the Home Owners Association (HOA) for dues as well fines for not keeping the yard per architectural standards. Is there any agency I can complaint to resolves the issue so that I am out of this deal?
Is there a way for me to retain the property at a reduced mortgage principal (current market value). Any suggestion or guidance is welcome.
2 days ago I received a Notice of Hearing for Motion of Summary Judgement to take place on October 25, 2011. Prior to this correspondence I received notice that “the original” note was filed with the court.( A request that I made almost a year ago) I went down to the court yesterday to file for an extension gfor 60 days so that I could obtain counsel and checked the case file and lo and behold no original note was filed only copies. I called the court today to find out the status of my motion and found out it was denied. I NEED AN EXPERIENCED ATTORNEY ASAP. My case is in Hernando County, Fl (Tampa Bay area). The “bank” Bank of New York Mellon is the plaintiff as successor trustee (never heard of them until I was servered) under Novastar and in the note it states Mers is the mortgagee. I also am in the middle of a sinkhole repair, actually they just started. Someone please help me with where to find a experienced attorney in this matter. Thank you in advance.
E-mail her right now she is looking for Bank of Mellon they have lawyers alll over and do not charge up front fees Attorney Preetpal Grewal pgrewal@cuneolaw.com (pgrewal@cuneolaw.com)
The Firm is:
Cuneo, Gilbert,& LaDuca, LLP
Rockefeller Center
620 Fifth Avenue
New York N.Y. 10020
Until these judges stop them, our nation is furtile ground for banks and the like to steal homes by foreclosures based on fraud. Of the three branches of our government, the judiciary operates under the less scrutiny. Read my post dated October 22, 2011. Some how, some way and some day we have to deal with this collectively to stop courts from underwriting and authorizing the stealing of our homes by fraudulent foreclosures. The closest thing we have right now are the protesting against Wall street. I am at rnwil3@aol.com and am writing from southern Nevada, the number one foreclosure state. Food for thought: Judges are investors or at least make a sufficient salary to be an investor. In the area where I reside there is a law firm called The Cooper Castle Law Firm. It functions virtully as collection agency for Chase Bank and its defaulted on mortgages. The portfolio of Chase Bank and the law firm is no doubt bursting from homes where the homeowner was displaced in favor of investors. In my complaint against Judge Phillip Pro, a federal judge for the district of Nevada, I suggested that the Order he made that the Record shows to be an Artifice fraudulently conveying standing for Chase Bank to subject us to a foreclosure, may have been motivated by a direct or indirect pecuniary interest he has in the portfolio of empty homes maintained by Chase Bank and the law firm. You may be experiencing the same in your case. No matter how highly placed there are some crooks here. And it explains why no one has been sent to jail while hundreds of thousands have been displaced from their homes under questionable circumstances. We are spread out, and this is why banks, courts and the like can do what they are doing to us.
I am in a suit with Wells Fargo. Not only did my husband sign my name and take all the equity from our home, he attended a closing that I was never at. Then he took his life. The bank has gone for a dismissal. Now, they did this almost 3 months ago and the judge still hasn’t come down with an answer. My lawyer said that this isn’t right! I have 18 counts against this bank. Wells Fargo also broke into my home 3 times. They turned the water and heat off. I was living there 3 nights a week, they said I abandoned the house. WhenI filed criminal charges, it was dismissed said it was a civil action. I have now appealed to the consumesr affairs dept of the att. General of NJ. They are going look into my case. It doesn’t affect any other action you are taking. It is also free They want to help stop all this!!! The whole system is a joke, the judges are a joke. But, I am going to keep pushing until I get my home back. Check out everything you can!
Ayasha, forget about the note, file a lawsuit for tortious breach of contract, fraud, RESPA vioations, TILA violations, intentional infliction of emotional distress, defamatlon, etc. Look at Case No. 10-C-145, In the Circuit Court of Berkeley County, WV, Office of the Clerk. Or better yet, contact me. See reply above.
For some reason many have been discourage against Class Actions because they are claiming the Lawyers get all the money and they do not: THIS law firm pleads individual claims plus class so theat the lead plaintiff claims are not attached to what a class would recieved but will be determined on the individual plaintiff damages:
DAMAGES is the key to any lawsuit whether class or individual, if you don’t have the money for a lawyer all I am saying is that this is a top New York law firm that does CHARGE ANY UP FRONT FEES OR ANY FEES AT ALL
CLASS ACTION FOR THOSE PARTIES MISLED BY A CitiGroup or BOA PROMISE FOR A LOAN MOD: RESULTS IN AN IDEAL ENDING FOR WELLS FARGO. A HOMEOWNERS WITH RUINED CREDIT AND NO TIME SELL! (perfect victim.)
CLASS ACTION LAWSUIT Looking for lead plaintiff’s in Texas and New York
DID YOU BELIEVE YOUR MORTGAGE LOAN MIGHT BE MODIFIED?
DID YOU PAY AN APPLICATION FEE FOR A LOAN MOD?
DID YOU PAY AN APPRAISAL FEE?
DID YOU REQUEST A LOAN MODIFICATION?
DID YOU FAX FINANCIAL INFORMATION IN FOR A LOAN MOD?
DID YOU BELIEVE YOU WERE UNDER CONSIDERATION FOR A LOAN MOD?
If you would like to participate in this class action suit please contact the law firm at:
Cuneo, Gilbert,& LaDuca, LLP
Rockefeller Center
620 Fifth Avenue
New York N.Y. 10020
They do NOT CHARGE UPFRONT FEES they get paid if you get paid so they have ainvested interest to work e-mail the lawfirm they are representing me with CHASE, if you have problems money is low e-mail her the lawyer not me your issues she will get right back to and let you know if she can help you.
Hello Elizabeth…….Thank you for the information. I sent an email yesterday and got a call back immediately. When I began to tell her about my situation,,,,,she said you don’t have to finish the story but she would listen anyway because she know exactly what was happening to me. She asked me to send her all of the information and documents that I have and then she would get back in touch with me. I thank you for the information you shared. It is not so much about the money to me it is more about the fraud and how so many hard working people are being taken advantage of…..we needed to be ailed out. We are still suffering and they are trying to find better ways to continue the fraud because they have the money to do it paid by our tax dollars. I hope she can help me……I really do……. Dee
http://www.cnbc.com/id/44776749
======================================================================================= Anonymous Threatens to ‘Erase’ the NYSE
At least the AG in California has enough balls to stand up for her citizens unlike the KS bozo. Tom Miller in Iowa has turned out to have no guts. His balls are in the hands of Jamie Dimon of Chase.
Miller said he would put bankers in jail — let me think about that — how many are there by his hand??? or anyone elses hand?? Certainly Obama and Holder are not searching out the evil thieves of homes.
I hope the protesters on Wall Street and now other cities get some action. The CEO’s of all of the Wallstreeters that were involved in the the fraud and forgery of loan documents should be in JAIL.
Start with Dimon of Chase, some asshole at Deutsche, Blankfein at Goldman, Fuld at Lehman, certainly Mozilo at Countrywide and Lewis at B of A at the time — Outright thieves Put their pinstripe asses in jail.
Yes the AG in Kansas is a lazy DICK. Try writing him and you too will just get a smart ass comment back. He and his staff have no sympathy for people being foreclosed on. Their feeling is “just pay up”.
As with most politicos in Kansas the only thing they care about is abortion and Bible thumping.
Send any of them a letter and you will get a form letter back on another subject. Worthless jerk offs that do not care about the citizens of the state —- only about being re-elected.
CLASS ACTION FOR THOSE PARTIES MISLED BY A CitiMortgage or BOA PROMISE FOR A LOAN MOD: RESULTS IN AN IDEAL ENDING FOR WELLS FARGO. A HOMEOWNERS WITH RUINED CREDIT AND NO TIME SELL! (perfect victim.)
CLASS ACTION LAWSUIT Looking for lead plaintiff’s in Texas and New York
DID YOU BELIEVE YOUR MORTGAGE LOAN MIGHT BE MODIFIED?
DID YOU PAY AN APPLICATION FEE FOR A LOAN MOD?
DID YOU PAY AN APPRAISAL FEE?
DID YOU REQUEST A LOAN MODIFICATION?
DID YOU FAX FINANCIAL INFORMATION IN FOR A LOAN MOD?
DID YOU BELIEVE YOU WERE UNDER CONSIDERATION FOR A LOAN MOD?
If you would like to participate in this class action suit please contact the law firm at:
Cuneo, Gilbert,& LaDuca, LLP
Rockefeller Center
620 Fifth Avenue
New York N.Y. 10020
They do NOT CHARGE UPFRONT FEES they get paid if you get paid so they have ainvested interest to work e-mail the lawfirm it seft they are representing me with CHASE, if you have problems money is slow e-mail her the lawyer not me your issues seh will get right back to and let you know if she can help you.
Please consider helping us here in Cleveland, Ohio. Hundreds showed up to a BOA seminar to get help with modification process. I was approved right there on the spot, and verified qualification with HUD as well. Yet, BOA said they’d get back to me within a couple of weeks. —>Short story: They decided to set me up with a real estate person to sell my house Short-Sale and would give me $2,400 to relocate. Not one mention about the status of my loan modification. HELP! They are frauds and should be prosecuted.
We too live in Kansas. Been battling with bank since 2008; two pre- HAMPS and so on…I totally agree with your view; But this problem is nationwide. Kansas, however seems to have been sleeping under the banana tree while other states East and West coast notably have been noticing the holes in these defective mortgages, and some responding effectively.
Nearly all the attorneys here work for or with the banks, and are afraid to offend. Very few fighting litigators on the side of homeowners exist here. All the judges want to know is “Did you pay the mortgage?” Everything else is too sophisticated in law, I suppose. The AG is totally bored by the entire prospect it seems, and nothing ever is getting done in the interest of the people. Will they ever get it here? And what can be done about this?
The Fed Wants to Be Your Facebook Friend http://www.cnbc.com/id/44701381
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I downloaded a copy of an ASSIGNMENT OF MORTGAGE that has the same signature of Michael Koch of Fremont Investment & Loan that I have on my own mortgage.
The party was Irene wood of brockton Mass.
I think she lost her home, but If I can get an admissable (in court) assignment, I will be able to show that
it is not really a signature but a signature stamp and since it must be in writing it will give me a good arguement
to deny their claim.
Anybody out there have data?
Also, is there a way of searching this website archives and the other foreclosure fraud website to find data?
All the emails from Michael @ 4closureFraud, Stop Foreclosure fraud, and Neil
are coming in blank for the last three days.
Someone doesn’t like my continous
postings about the origination fraud of the Banks lending us their credit
prohibited by Art 1 Para 10 Cl 1 of the Constitution making every mortage Ultra Vire.
I wanted to let you know about a new petition I created on We the People, a new
feature on WhiteHouse.gov, and ask for your support.
Will you add your name to mine? If this petition gets 5,000 signatures by
October 23, 2011, the White House will review it and respond! We the People
allows anyone to create and sign petitions asking the Obama Administration to
take action on a range of issues.
If a petition gets enough support, the Obama Administration will issue an
official response. You can view and sign the petition here:
Balance the asymmetry of knowledge between litigants and the judiciary before
ruling on issues of structured financing.
Structured financing is a dominate form of finance used to transfer risk,
support financing, liquidity, and the issuance of securities through complex
legal entities. This amalgamation has tremendous benefits but creates
uncertainty when the judiciary rules on issues not subject to strict letter
certainty of law.
Those who utilize structured financing, many of whom, dominate domestic and
global commerce, aware of these issues, exploit said benefits resulting in
massive private gain at the expense of public loss. This is arguably a common
denominator of our financial crisis.
As homeowners and securities investors continue to lose their investments over
what is commonly argued in court as securitization, uncertainty increases,
consumer confidence decreases, and thus, so does our economy.
If you are serious I need you guys to visit the petition I (WE) created and sign
it. Just get it done! I need you guys to forward this to the judges and
attorney’s in your cases, post and share it on your social networking sites such
as Facebook, Twitter etc., e-mail it to family, friends and colleges, blog about
it whatever. If you have any questions I am only an e-mail away.
Why should anyone respond to your petition you are one those type of homeowner who only look out for yourself many people have asked for your help with the information you have about MERS and was willing to pay for a copy of your certified copies to help with their cases and you just ignore them its people like you that give others a bad name who knows what that petition is really for I am sure its not to help anyone but you if I were you people beware of what you sign.
Fannie Mae cited for failing to stop robo-signing
Report says Fannie Mae missed catching law firms illegally signing foreclosure document
On Friday September 23, 2011, 12:06 am
WASHINGTON (AP) — Fannie Mae missed chances to catch law firms illegally signing foreclosure documents and its government overseer did not take the right steps to ensure Fannie was doing its job, federal regulators say.
The Federal Housing Finance Agency’s inspector general said in a report Friday that Fannie failed to establish an “acceptable and effective” way to monitor foreclosure proceedings between 2006 and early 2011. Government regulators then failed to ensure it was complying with demands that it clean up its programs.
Mortgage industry employees — including law firms employed by Fannie Mae — signed documents they hadn’t read and used fake signatures on foreclosure cases across the country. The practices, known collectively as “robo-signing,” resulted in a suspension of foreclosures last fall and a probe by all 50 state attorneys general into how corners were cut to keep pace with the crush of foreclosure paperwork.
In 2005, Fannie hired outside investigators to look into allegations about faulty foreclosure documents. A year later, Fannie received a report from the investigators that found law firms working for Fannie had filed false documents.
Fannie said it was developing a computer system to improve communication and monitor its attorneys but regulators said they found no evidence Fannie had made any improvements in overseeing its attorneys.
FHFA was created in 2008 to oversee mortgage buyers Fannie Mae and Freddie Mac. To make sure Fannie was doing its job, FHFA has the authority to fire and replace employees; issue cease and desist orders; and impose fines. To date, the agency has not taken any of those actions, the inspector general’s report said.
Fannie and Freddie own or guarantee about half of all U.S. mortgages, or nearly 31 million home loans worth more than $5 trillion. As part of a nationalized system, they account for nearly all new mortgage loans. So anyone looking to buy a home would be forced to pay higher rates on new loans.
The Bush administration seized control of the mortgage giants in September 2008, hoping to stabilize the beleaguered housing industry.
In a separate report released Friday, the inspector general says the FHFA lacks examiners to monitor Fannie. Just a third of its 120 non-executive examiners are federally accredited, the report found. Other federal regulators, such as the Federal Deposit Insurance Corp., usually require all of their examiners to be accredited.
I Am not 100% certain of where to start so i will start with a brief description of my situation and go from there.
In 2007 My Parents purchased a house in the City of Eagle Idaho, (Technically it was a family purchase as myself and my siblings all contributed but were not on the title).
later that year my father was the unexpected victim of a severe stroke. (he survived fyi)
In spite of all of that we continued to make our payments as well as make several home improvements, when the economic nightmare began to set in in this area we decided to be pro-active and alpply for a Loan modification which turned into a never ending slew of Indymac conveniently “loosing” paperwork (We never stopped making our payments) , then late one evening in November 2010 we get a knock on the door and get served foreclosure papers, The Nightmare Starts….
We immediately began trying to contact the company who took over from Indymac (One West) and flat out could not get a call to go through, every time we called we would jump through the automated hoops only to get put on hold wait anywhere up to 2 hours and then get hung up on without the call ever being answered, we later got a letter in the mail saying we were delinquent to a sum of approx $7200, we sent them a check to clear it and nearly 4 weeks later we got it sent back with a note saying “Unacceptable Form of Payment” we tried calling them again with the same results as before, and our next payment was returned with the same note, we got tired of chasing our proverbial tails and went to a HUD Attorney who eventually was able to get through to One West on a 3 way call, the One West Representative was not only “Completely Unwilling to Help at all” but was also needlessly Rude, Eventually we got connected to a supervisor and they said they would send new loan mod paperwork and that would stop the foreclosure, Both us and the HUD Attorney sent in copies of the completed paperwork, a few days later we called the one west supervisor again with the HUD Attorney, and they claimed that over half of the required paperwork that was sent was not received.
We sent it 3 more times with the same nonsense as the end result.
the HUD Attorney also had us apply for HAMP which we were denied, we called the One West Supervisor again with the HUD Attorney and were told that they would no longer negotiate & were pushing through the Foreclosure and also that the amount now required to settle the “Alleged Delinquency” was $30+K.
at that point the HUD Attorney said their was nothing else she could do to help us.
We Contacted our Title company’s Attorney after more unsuccessful attempts to contact One West, they put us in touch with the Trustee Company who was handling the Foreclosure.
To make a LONG Story shorter we ultimately found out that the “Excuse” for the Foreclosure was one payment being 5 days late, and also found out that the actual Loan agency was Freddy Mac.
I Sent notice for both to “Produce the Original Wet Ink Note” so we could verify their right to foreclose which was promptly denied in writing and they proceeded with the Trustee sale in which the Purchaser was “Freddy Mac”
We are still trying to fight this even though we are 1 month past the date the eviction notice had on it, we are still in the house because we cannot find a rental due to the high Volume of Local Foreclosures resulting in Landlords being extremely unreasonable in their “Requirements” to Rent.
We are currently at our wits end and with all of it my mother is under so much stress over the situation that she is getting physically ill from it, and it is also causing severe problems for my father who is disabled from his stroke and was just starting to recover when all of this started (his recovery has been set back roughly 2 years or more by this nighmare).
Any Help will be GREATLY Appreciated!
I’m Not about to let this BLATANT Criminality slide.
Your story is heartbreaking. I don’t know what to say, except that these banksters are heartless pigs. It really is criminal.
I would pursue media coverage. I would reach out to the office of the Attorney General in your state. Send the bank a notarized qualified written request under RESPA and ask for copies of any and all loan-related documents (including its servicing history) and don’t mention the foreclosure. CC your Atty General. See what the bank sends. By law they must be able to tell you where the note is and describe its physical location, if you ask.
From Section 1463 of the Dodd Frank Act: ‘‘(1) IN GENERAL—A servicer of a federally related mortgage [that'd apply to you as you have a Freddie Mac loan] shall not (C) fail to take timely action to respond to a borrower’s requests to correct errors relating to allocation of payments, final balances for purposes of paying off the loan, or avoiding foreclosure, or other standard servicer’s duties.”
Already they are in violation of Dodd Frank because you are actively trying to avoid foreclosure yet they are trying to kick you to the curb. Dodd Frank went into effect in July 2010.
The Dodd Frank Act also amends RESPA so that the bank has 5 days (down from 20) to acknowledge your QWR and 30 days (down from 60) to provide you with the requested copies. From that 30-day limit, they can only apply for a 15 day extension and must provide you with a reason for the delay. I think the best thing anyone can do right now is follow the paperwork until you can’t anymore. The more holes we can find in this shell of an industry, the better.
I have had very similar experiences with GMAC and WAMU.
ON PROPERTIES WITH LESS THAN 45%LTVS AND ALL HAVING 15YR NOTES.
Prior to anything EVER BEING LATE,, IN WRITING I FORMALLY REQUESTED MY LENDERS TO SIMPLY REAMMORTIZE TO A 30YR NOTE. ***EVEN OFFERED AN INTEREST RATE BUMP!!!
WAMU accepted money for mod and then decided they changed their minds.
GMAC ovvered amount to fully catch up… then sent funds back as they were a few dollars off. We corrected the amount, and sent back within days of receivend letter and funds back. They were sent back to us again AS THEY WERE NOT CERTIFIED FUNDS. MY ATTORNEY CONFIRMED… SENT BACK AGAIN,, RETURNED AS THEY HAD NOW FILED FORECLOSURE.
If you HAVE EQUITY,,, EVEN STILL,,, They really dont want your money,,, They are now getting paid our tax dollars by our government,, and they can still keep running up our tab, so they can steal when the time is right….
TRIPLE DIPPING..
Sorry that you an d your parents are going through this. I would recommend you get all your docs and any notices together and find a lawyer to review with. Not worth it to go through modification nightmare w/ your parent’s condition. Agree to let AG and everyone you can know and shame the hell out of these bastards. If you need to file bk to get in front of a judge. If there is a trustee and you can make case let them know they will be sued if it is an unlawful foreclosure. Look for demand letters on this site and others such as beingmiddleclass.org
The tide is turning against them and we have the law on our side.
I’m being foreclosed on by OCWEN, Deutsche, Morgan Stanley and Dean Whitter. OCWEN is the worst to try and work things out. No one speaks decent English in their Calcutta, India call – center and they DO NOT want to help – they want the property on top of their tax-dollars from the FED, tax write off, insurance pay out and title insurance pay out. I get diddly squat – even the FBI agent who contacted me when i sent their local office evidence of fraud said to me “But you didn’t pay your mortgage.” I told him that his grandfather probably worked for the 7th Cav under Custer and believed all the treaties signed with the Indians were devoid of fraud.
This is the biggest land grab since our Government stole the plains from the Natives.
At least my state AG has decided to look into my case.
Forget about the FBI. They are not looking out to help you. However, if you did the same thing to the banks, they would arrest and prosecute you. Just check out the press releases on their website.
I would even say that they are profiling for prosecuting borrowers, while ignoring mortgage fraud by the lenders.
I concur about the FBI. I sent a comprehensive complaint against JPMorgan Chase Bank with proof alleging fraudulent foreclosure practices – up to and including a fraudulent default notice. Because Chase did not have anything to do with my mortgage – while the first page of the mortgage states previously closed Washington Mutual Bank was the concern demanding the foreclosure, in small print on the second page the Notice states that payments to JPMorgan Chase Bank would stop the foreclosure. There is a lot lot more. What did the Justice Department do? Directed me to the FBI to file a criminal complaint. What did I do? Went to the FBI and attempted to file a complaint. What did the FBI do, sent one of its agents to meet me in the lobby of their office. The agent stated that it was against FBI policy to accept any documents – resulting in the agent’s refusal to accept my document evidence. The FBI through the agent refused me access to an FBI supervisor. Folks, every citizen deserves a right to some sort of inquiry into a complaint. My complaint details conduct proscribed under RICO. I am a twenty year police officer veteran. Meaning that I certainly know how to gather and present evidence in pursuit and support of a complaint. And yes, I am familiar with both RICO and the HOBBS ACT.
Bank of America to pay fired whistleblower $930,000
Published: Wednesday, 14 Sep 2011 | 6:04 PM ET http://www.cnbc.com/id/44524991
WASHINGTON – Bank of America Corp must reinstate a Countrywide whistle-blower fired shortly after the two companies merged in 2008 and pay the employee $930,000, the Labor Department said on Wednesday.
The employee, whose name was not given, led internal investigations that found widespread fraud involving Countrywide employees. Reporting fraud to Countrywide’s Employee Relations Department led to retaliation, the employee told the Labor Department.
“It’s clear from our investigation that Bank of America used illegal retaliatory tactics against this employee,” Occupational Safety and Health Administration Assistant Secretary David Michaels said in a statement.
Bank of America disagreed. “We are disappointed with the ruling and plan to exercise our option to challenge the order,” spokeswoman Shirley Norton said by email.
“The bank’s actions to dismiss were solely based on issues with the employee’s management style and in no way related to the employee’s complaints and the allegations made in the complaint,” she said.
Bank of America has had a rash of problems related to its 2008 purchase of Countrywide Financial Corp, a major subprime lender accused of churning out loans to high-risk borrowers with little effort to check their incomes or ability to repay.
The Charlotte, North Carolina-based bank paid $2.5 billion to buy Countrywide, but writedowns and legal costs have pushed the estimated cost of that purchase to more than $30 billion.
The $930,000 payment to the dismissed employee includes back wages, compensatory damages and attorney fees, the Labor Department said.
Tim Bryant, I hate violence and am all for peaceful protests….many of these suggestions are great at this website but I think at this point our money is what will do the talking….I have believed for a long time that a nationwide tax revolt is in order as well as a nationwide boycott of the banks and use of their credit and debit cards, all credit use should be abolished by the people…..This has to be indivisible from sea to shining sea….. This tyranny cannot survive without all of us paying into their ponzi scheme and we all have to stop paying and supporting this tyranny to effect any sort of change….We also should boycott the MSM until they start telling the truth about the Wall Street financial crimes that have collapsed not only our economy but the entire world economy…..We must all work hard to expose and rout out the traitors of America that are hiding from within our own White House and Congress…..It is said that when America’s economy sneezes, the world economy gets a cold….well America now has pneumonia and the rest of the world is on life support, it is dying…..If WE THE PEOPLE stop paying the tyranny, the tyranny will get it in a hurry…….If AMERICA DIES, THE WHOLE WORLD GOES WITH US, AND THAT INCLUDES THE RULING ELITES EVIL PLANS FOR WORLD DOMINATION……THEY CAN’T SURVIVE OFF OF A WORLD OF RENTERS WHO ARE ALL WORKING 10 BUCK AN HOUR JOBS……AND NO ONE WILL WANT TO INVEST IN AMERICA ANYMORE….THE RULING ELITE, CHINA, AND ANY NATION THAT IS PROSPERING GOT THERE OFF OF THE BACKS OF THE AMERICAN PEOPLE…..AND WITHOUT WE THE PEOPLE, THEY WILL ALL WITHER AND DIE………NONE OF THEIR WEALTH COULD HAVE BEEN POSSIBLE WITHOUT THE AMERICAN PEOPLE, THEY JUST ALL GOT WAY TO GREEDY, TOOK ADVANTAGE OF AMERICA AND DECEIVED US MASSIVELY AND ROBBED AMERICA BLIND…….. FOR THAT THEY WILL ALL PAY A HEAVY PRICE…THEY ALL NOW HAVE LOST THE TRUST AND CONFIDENCE OF THE AMERICAN PEOPLE AND THEY WILL ALL HAVE HELL TO PAY FOR THAT.
We called Citi 7/2009 to discuss other options for escrow. We prepay a year, we pay taxes and insurance when do, etc. We were told it was a state law that we had to escrow. (untrue, but did not know at the time) My husband was going to be getting a pay cut so we were trying to be proactive, (we were and always have been at this point current on our mortgage) Citi told us that what we wanted was a loan modification and they would put us in that and that was the help we were looking for (sure, right) Of course, I had no idea what pandora?s box we had just opened. (no other options were ever presented or discussed with us.
May of 2010 we were denied HAMP. BUT, we were told that was good news, we were actually back to Citi for a traditional modification. Again, no other options were mentioned or discussed with us.
The next month we get a letter to call and make arrangements before foreclosure would start. Of course I called hysterical and was told as long as I was making monthly payments and in the modification process, Citi would not foreclose (haha).
August 2010, Citi mysteriously loses my automatic monthly payment information, does not take my August payment and files foreclosure.
We get served papers and file an answer. 2 weeks later we get offered a modification, my attorney calls their litigation department, and their local attorney (calls were not returned). Modification offer gets closed. (WHAT!)
Another court date is scheduled for foreclosure. I finally got the contact in the ERU dept. Executive Response Unit at Citi and they rush and we get approved for another modification (But worse terms, only lowers interest .6% instead of 2% like previous offer (all income and bills were the same) we sign offer to get foreclosure case dismissed.
After 4 months of on time payments with the modification, we get a letter from Freddie Mac that they do not approve of the modification because of our credit (What!) and a letter from Citi to call to workout arrangements instead of foreclose (short sale, etc)
So confused and no idea what is going to happen next. Just when you think everything is going to work out and you can breathe, it all comes crashing down again. Well, yes, after 2 years of lies, and the run around from Citi, our credit is ruined. (The only payment we did not make are when we called 7/2009 and they told us to make our 1st trial payment in 2 months, I even asked about the missing 2 months and was told they weren?t needed. Then August 2010 when they didn?t take our automatic payment. This is what they filed foreclosure on. (All while I was talking to them 2 ? 3x every week!) After reviewing a ton of blogs and sites today, I will be writing my story and sending it to anyone that will listen, OCC, State representatives, Washington DC representatives, news stations, all blog attorneys in EVERY state, etc, etc!!
Your story is heartbreaking, especially because you took proactive measures to prevent foreclosure. What you’re reporting is exactly what I fear for myself: The bank somehow “loses” automatic monthly payment information.
The Diane Rehm show has been increasing its coverage on the mortgage mess/lawsuits against banks. Their email is drshow[at]wamu.org. They may not cover your story specifically, but the subject is certainly getting their attention more and more.
Thanks k.b. I have emailed the above address. That is what frustrates me, we were told not to pay for 2 months (automatically puts us in default, then the automatic payment issue) It has just been a run around nightmare for the last 26 months. This modification we are (or supposed to be) under was even done through the ERU (Executive Response Unit) department and not even through normal customer service or loss mitigation so I have no idea what is going to happen next, just posting away, and trying to find an attorney in Wisconsin to have a consultation with and be prepared in case we do end up going to court. Getting my ducks in a row you could say.
A letter sent to my Kansas Congressman, Kevin Yoder.
Hopefully you and the KS Senators have finally come to see the reality of the economy and jobs. Drop the religion and abortion issues and really work at putting people back to work, Brownback will keep trying to screw up Kansas.
The politicians from Kansas seem to be mute on the big issues of jobs and housing. Even the KS AG’s silence is deafening on foreclosure fraud. He wants it to go away, he just does not want to work on it. Why is it so hard to see that the foreclosure issue has to be solved favorably for homeowners so that housing can rebound. The banks caused the problem, LET them be penalized. Put some of the CEO’s in jail to send the right message. Forgery, fraud, conversion are all things ordinary people go to jail for —- why not banks? You are an attorney so hopefully you understand this. The banks are making you and other Congressmen look foolish — they are playing you. All they want is off the hook for all the wrongs they committed against America and its citizens. DO NOT LET THEM OFF THE HOOK.
Jobs CAN be created IF you work with the right people. People here will always want to start a business, BUT today as long as YOU let the banks right the rules, no businesses will start. The banks stole the equity from many homes, now those same banks and the SBA still require the same equity to get a loan to start a business — so how does that work??? IT DOES NOT!!!! THE RULES NEED TO CHANGE.
The rich continue to grow at the expense of others. They are not starting businesses, nor are they loaning people anything to start businesses. Giving them lower taxes will not work. HOWEVER, give them an incentive to invest in private companies — not to buy stocks in big public companies. Start a company, create a job — get a rebate or ??? Tie it together — not just a tax decrease. INCREASE TAXES BUT GIVE A JOBS TAX CREDIT OF SOME SORT. That will make the rich put their money where their loud mouth is.
Tell Romney — Companies are not people. While at Bain Capital he had the same problem — DUH. All Bain did was merge companies and put people OUT OF WORK. He has no clue how to create jobs at the grass roots level.
IF the jobs, housing and economy does not show improvement soon —- all of you who stand in the way of changes – will not be re-elected. The obvious arrogance of Boehner and Cantor is killing you. Trust me, I do not like Obama, but the Republicans need to own up to the problems they created and HELP FIX THEM. The Republicans right now are nothing more than a black eye on American politics.
I have just spent 40 or so hours investigating why we could not get a modification and through all of this research I to have written a paper that brings me to the same exact conclusion about what needs to be done and what has been done the hardworking middle class American citizen. I am hoping to send it to any one who will listen and meet with an attorney
The other question that I am asking is what happens to the homeowner who was in the MERS system and pays off his mortgage? If deeds were not handled correctly and assignments were done poorly, one day that homeowner might get a foreclosure notice from the original lender and investor. Now what? What happens when I go to sell my house that has been paid off and MERS is issuing the deed? I now have a clouded title.
Please let me know your thoughts .
MERS does not issue your deed. If you sell your house, you will be signing over the deed. Your issue, as I am dealing with now, is that because MERS has not properly, or even fraudulently, broken the chain of title, you may be liable to the purchaser of your home for not transferring all right, title, and interest in the property. Sadly, you will be liable, though it is through no fault of yours.
This is the disturbing part of activist and/or ignorant judges who uphold MERS standing. They are perpetuating the fraud, and tossing into the homeowners lap.
Hello interwebs, turning to you all and looking for help!
A paid-off property in my family was foreclosed on by an HOA, without due notice. We received an eviction notice from the ‘new owners’ yesterday when we stopped by to check on the empty place that is being shown. We have such little time and any help would be so appreciated.
My Grandmother lived in and bought her condo 15 years ago with cash. Grandma died in 2010.
Her son, my father, was the Power of Attorney in charge Grandma’s estate. Dad was diagnosed with cancer in 2008. When he received notification from the HOA that Grandma’s property would be in foreclosure due to owing one years worth of HOA fees, he was weeks away from passing and was not coherent, so no one knew this was happening. The HOA says his spouse signed for the paperwork, as she was with him along with his children, providing hospice care to him in his home. Dad died in February, 2011.
In about January, 2011, the condo was placed on the market by my father, and was being shown to many potential buyers.
After dad’s death, my sister became the Personal Representative of Grandmas estate in June, 2011. This was after the first notice was sent in February, but before the foreclosure auction of the property which happened a few weeks ago. My sister was not aware that any fees were due, and was not receiving any correspondence from the HOA, because it was being sent to my dead father (The HOA personally knew my father and was aware both he and my grandmother had died).
My sister continued with the same realtor and proceeded to show the property through all of this. The buyer as well as the condo community came into the apartment, saw it was being shown, also used Open Houses from our own realtor, listed it themselves, then finally auctioned it off, all without every telling the realtor that frequently would talk to them as she came into the building to show the unit.
On August 31st, we discovered a note on the unoccupied unit saying there was a 3-day notice to evict. While we are inside reading the letter, someone uses keys and enters the condo stating that he is the new owner, and that he has purchased this unit a few weeks ago at a foreclosure auction. He looks shocked and nervous to see anyone in the apartment, and asks “Are you showing this unit?” We are clearly stunned…I believe they were hoping no one would come by the unit for those 3 days, but it was a huge coincidence we stopped by.
This man begins to try and bargain with us…he wants to “make us a deal” or “work something out” or “bless this sale” or that he is willing to take $10,000 for his time. He was trying to wheel and deal after he had legally purchased a property and seemed incredibly suspicious and nervous.
Obviously, the HOA took the fees owed to them and placed the small amount that was left from the dirt-cheap sale into a trust account for the estate. We have no idea how to proceed and need help quickly. Someone told us that because someone signed for papers in February, that we have no case. But it seems to me as if there was absolutely no other attempted correspondence, and that the realtor was purposely not notified, and that my sister was not at any of the hearings, that something illegal took place in the crazy world of HOA foreclosure.
Please – any direction to Colorado laws on this, articles, or advice will be so so so appreciated. Thank you.
Was re-organizing some things and sat down and re-read Chase’ QWR response received a few months ago. This is funny – in response to question in connection with assignments of the mortgage (which supposedly exist due to different foreclosure attempts filed in different names), Chase’ response was: Check with your local registrar’s office.
This was a “portfolio loan” so their file should show exactly who they assigned it to. Guess they don’t even know, huh? Nothing on file w/the registrar, of course. This would be funny if it wasn’t so sad.
Disgusting. I just went to the websites for the governor and attorney general of my state, and that of President Obama (Whitehouse.gov and then Contact Us) to let them know my stance. You, too, can take 10 minutes online to let your voice be heard. If you don’t let them know, they can’t hear you!
I have been reading all the posts and understand that I need to write to Bank of America, N.A. (California) and ask for the documents that create the securitization of my property including (I think) Mortgage assignment, mortgage, promissory note and whatever other documents I hope you all let me know I need. Many thanks.
I sent a qualified written response to Bank of America N.A.’s Customer Service Correspondence address, which was on a recent “Notice of Transfer” BofA sent.
I had my QWR notarized and CC’d many financial institutions (FYI, the duties formerly with the Office of RESPA are now being handled by the Consumer Financial Protection Bureau. However, after further inquiry, I understand the Office of the Comptroller of the Currency is handling RESPA requests, and the CFBP will take over “soon”). The OCC has a customer service address in Houston you can send a copy to. I could not find an address for the CFPB.
Also, please keep in mind the Dodd-Frank Act of 2010 amended RESPA so that the banks have 5 days to respond and 30 days to provide you with the requested documents/information regarding your loan.
AMAZINGLY, the bank got back to me the other day. However, they only sent a copy of the loan history — all the monies they took from us — but nothing regarding the note or securitization. Go figure
You can find decent copies of QWRs online that you can add your own “touch” to, so to speak. Most importantly, though, I would have it notarized and make sure to include your loan number on all documents (I also included the acct number). I numbered and initialed each page. Good luck.
I have Bill Koch Documents as “document controller” at SPS. This is from a federal case:
Melanie Cornell v. Select Portfolio Servicing Inc
write me for a copy of the documents which are part of a federal case right now in Sacramento CA. Lot’s a good stuff, expert witness affidavit as to Koch’s various titles and status as infamous robo-signer.
I’m pretty sure the RESPA rules have officially CHANGED FOR THE BETTER thanks to the Dodd-Frank act. A lot of the amendments took effect July 21, 2011. My friend checked Westlaw and said it should be in effect now.
From the Dodd-Frank Act of 2010, section 1463 (the good stuff comes on page 809):
(c) DECREASE IN RESPONSE TIMES.—Section 6(e) of the Real
Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605(e)) is amended—
(1) in paragraph (1)(A), by striking ‘‘20 days’’ and inserting ‘‘5 days’’;
(2) in paragraph (2), by striking ‘‘60 days’’ and inserting ‘‘30 days’’; and
(3) by adding at the end the following new paragraph:
‘‘(4) LIMITED EXTENSION OF RESPONSE TIME.—The 30-day period described in paragraph (2) may be extended for not more than 15 days if, before the end of such 30-day period, the servicer notifies the borrower of the extension and the reasons for the delay in responding.’’
The rules were also amended to increase the amount of money a borrower can receive due to lack of response, from $1000 to $2000.
I have sent a QWR and never heard back. It’s been almost 20 days, so according to this they have just 10 more to get back to me with the requested documents, or 25 with an extension. WAY BETTER THAN 60!
Just wondering if anyone thinks the new law beginning in Nevada AB 284 Oct 2011 will have a adverse effect on MERS. It sounds like Nevada may be the first to hold MERS feet to the fire, comments…..
MERS should be affected and stopped, as best I understand it. Making Home Affordable Modification Program (HAMP) seems to be the more helpful way to go. My concern is that ab 284 doesn’t take effect until October of 2011.
My biggest worry is for the homeowner who is just fluent in his or her home country language, are still learning English, are citizensof this country and get hornswaggled into signed documents to save them from foreclosure simply because the company advertised in the Spansh media.
BTW, once you get as old as I am (71), you become suspicious of companies who advertise in another language but have the people so attracted by the ads, sign papers in English only.
I am suspicious of companies who just popped up in Nevada within the last 6 months, and seem to change the employees by name online every month. It appears that such a firm as PUBLIC INTEREST LAW is such a firm. I have nothing to do with them–thank God! I am just nosey. I have time. so, I do online research. I learn . Scarey firm. Not even accredited with the BBB. I say: beware. gh
I ReAlLy wish more people would tweet and post these articles. The more the internet is flooding with the posts the more attention we will get. This is one way everyone across the country can make us heard. What the non foreclosures don’t realize is they are ignorant to the ways of our country. America will be known (if not already) as “The Land to steal opportunities”
. None of these bank CEOs and Title Company’s CEOs and their boards should be able to abscond with their illegal gains from the citizens of this country.
This is what forfeiture laws are for. We must recognize the issue and unite. In the 2012 election, It is important that we all pay attention to every presidential candidates funding from banks, title companies and all the crooks that are wanting the Constitution of this country to go under.
If you have an account, you don’t have to “follow” it will give the option though. You should be able to just select “Tweet”, it works like the “Recommend” button for FB. Sometimes the “tweet” (it will post link to your twitter account) will be more letters than can be tweted, so I just take out some of the description but keep the link. Hope it helps, they track internet “chatter” Let them Hear us ScReAm.
Good question
I am not computer savvy with Twitter .
I am sure there are others like me.
I know I pressed the” follow me” button on the foreclosure site but I was lost
as to what to do when I got there, so I never did it again.
So Justice4all can you give us just what it is and how to use it.?
if you go to the Twitter website and create an account, it will allow you to ‘follow’ other Twitter users. for example, 4closurefraud.org has its own twitter username (also referred to as a ‘handle’): https://twitter.com/4closureFraud
once you are registered, you can ‘follow’ @4ClosureFraud on Twitter. Any time they post something, it will show up in your ‘Twitter feed’ (which is what you see at your Twitter homepage).
on Twitter, you can also send “public replies” to users by typing the ‘@’ symbol followed by their username. for example, to mention 4ClosureFraud on Twitter, just type in “@4ClosureFraud” and they will be notified of your tweet.
In light recent cases against MERS, MERS is changing its name in every state (to a different name in each state). It is important to find MERS’ new name in your state when researching controlling MERS-related case law in your state.
I do not have the official list of names. I just know that MERS is changing names in each state and is now known in Texas, MERS is now known as ALTEC PROPERTIES, INC.
Loan Service Processing is/has changed it’s name in California to LSPASAP. On their website you must be careful when examing whether or not your house sale is pending, at the proper time and the actual date. Be Cautious they do not use the County issued, Clerk/Recorder’s filed TS# (Transfer of Sale). In many cases, they (LSPASAP tries to confuse the homeowner) by listing a loan number instead and NOT the County issues TS#. Thay have also left off the County TS# (using a false TS#, loan # or system generated number on their documents (I have 5-6 different numbers on separate documents generated by LSPASAP.) They do the same on their “posted” documents at the homeowner residence: They use numbers OTHER THAN the County filed TS#. They also have made “frequent” mistakes on their website) concerning dates and times of proposed sales that are wrongly posted on their website: It is notoriously inaccurate. You MUST check with the County where the sale is to take place and verify the information and document these mistakes. In CA these CAN BE GROUNDS to set aside proposed sales, or sales which were illegally held,) according to my attorneys. I fought like hell for 15 months to get my Mod from Wells Fargo. It’s approved and they have taken my house out of the foreclosure process for now. But, I watch these people like hawks and will NEVER let my guard down. I have fought like hell for my home and won’t stop until my attorneys convince me I am “out of the woods.” God Bless to all of you, The Very Best of Luck to all of you!!! American middle-class people are being robbed because of all of this craziness. We need to get rid of Obama, Congressmembers with over 4 years tenure and almost the entire Senate to return America back to the Americans who built this country before it is too late for our children and grand-children, to have a decent life. That’s NO JOKE! (my best, ce)
405 N.Lakeside Drive, Lake Worth 33460, was financed through MERS.Since then ,
vacant for 4 years,growing termites,rats and mold, as we are near the water..Subsequently wound up in the hands off David J Stern,P.A. of Palm Beach post reported under investigation
reputation, then Case , Court directed to be transferred to Ezra-ben Katz, after Case Management hearing, directed to Kahane & Associates,P.A. in same Town,Plantation Shopping strip.
An elderly couple(80 and 94) Mr.and Mrs. Valenti of Pennsylvania, signed for Kahane & Assoc.P.A.
in good faith, an
all Cash Contract for purchase of 405 N.Lakeside Drive, Lake Worth with $5,000,- cash deposit, which I faxed to Kahane &Asssociates, to that firms’ para legal, Caroline Marquez, formerly with David Stern.
This person referred me to a “Last” Mitigation org.???? with a non-working phone number, 808-737-1192 !
Then an extension 2400 which was not manned.I deal with real frail live humans.
For humanitarian reasons I am requesting your Honor,
that you direct this 3rd Lawfirm to effect the sale of above home to Mireille Valenti(husband Michael, is nearly totally blind , afraid of snow)
a.s.a.p., as they have not much time left, for questionable Law firms created delays.
Please direct them to do the necessary , to effect this purchase.,so that they can move here ,before winter!!
With my most gracious thanks,
I am,
Dee McNamara,Realtor at Realty of the Palm Beaches,Inc.
An elderly couple,clients of mine(80 and 94) has sent a Purchase Contract for 405 N.Lakeside Drive,L.W.33460
with a $5,000,- good faith deposit check to Kahane & Associates,P.A., which acquired control of it,after , removal from Daid Stern,P.A. then to Ezra-ben-Katz, then Court directed to Kahane Associated,P.A.
all in the same location.
This Contract was invited by their para-legal(formerly of David Stern) Caroline Marquez, to whom i faxed it.
She claimed submitting it to Bank United, she asserted to be the owner .
After 2 weeks I asked what progress was made. I was then referred to a”Last Mitigation???” with non working phone number:808-737-1192.
Then to extension 2400 unmanned number.We have no right to play with human lives.
Your Honor, I request for the sake of humanitaruin reasons , that you urge that firm to effect the sale
expeditiously, as my clients do not have much time left, and hope to spend the remainder of their lives in the Florida sun, not in their present Pennsylvania location,.
With my most gracous thanks,
I am,
Dee McNamara, Realty of the Palm Beaches, Inc.
Earlier I asked about Ginnie Mae.
I’ve found what I was asking about. If you need access Ginnie Mae to see if a loan is owned
by it, here is the link. https://www.ginniemae.gov/lendamerica/searchLA.asp
Has anyone seen their Indmac/Onewest statement and notice a charge of “Funds Advanced by IMS”?
The fees are enormous.
for example:
3/18/2011- Total Fees Advanced by IMS $86,048
4/20/2011 – Total Fees Advanced by IMS = $103,410 – (an increase in fees by $17,362)
5/20/ 2011 – Total Fees Advanced By IMS = $158,671 – (an INCREASE in fees by $55,261)
This has been going on since September2010. And getting bigger and bigger.
Sure I am in litigation and they have pulled the non-judicial foreclosure from federal court and refiled it in state court as a Judicial Foreclosure. They are suing me for the house and the amount of the house if they can’t sell it at auction for what is owed. Yes looks like a deficiency (which looks like it includes the IMS funds) So are they trying to double dip for attorney fees by padding my statement and then try to get awarded attorney fees? Any one have a clue on the Funds Advanced by IMS . It all started when I original filed the court papers.
Curious and ticked off about this. My attorney is planning on getting a deposition from the banks attorney on these fees. But in the mean time curious if any one else has seen this.
We were offered a no-cost refinance back 2009, by PNC, but we were told you had to be delinquent to qualify
Was anyone on here told that as well? or Does anyone have proof that when this Government , Making Home Affordable Program first came out, you had to be behind in payments. I know they changed the guidelines after the program was up and running, but I need this research for my case. Any help would be greatly appreciated,
Is anyone familiar with GInnie Mae? Is there a tool bar similiar to the ones at
Freddie Mac and Fannie Mae? I need to verify some information I just
discovered.
Paul D Rogers
Sounds like the court or plaintiff does not have your correct address.
Get a copy of the court docket sheet for your case from the clerk of courts office.
What to do next depends on what state you are in.
You probably need a lawyer as soon as possible.
My name is James. I go by JamesM on the foreclosurehamlet website.
I don’t want to post my phone number here so contact me through the foreclosurehamelt website, and I may be able to provide some insight on what you must do next, how to find competent counsel and how to get your act together. If facing a trial date you need to move fast.
James, I see your Member Page on the foreclosurehamlet website, but don’t see a way on that page to contact you. You can e-mail me @ pigeyex@comcast.net. Thanks! I am in Florida, like you.
ok, left you a Friend request with a message at the other site. I needed to wait to get approved. thanks! I’d love to work something out with BofA, but it would have to include a principal reduction, as I’m significantly upside-down on the house. I do notice they’ve been calling me more and more frequently in advance of this court date.
——————————————————————————-
Subject: Fw: Letter to a bank
Date: Mon, 27 Dec 2010 10:00:39
Sent: Sunday, December 26, 2010 8:05 AM
this letter was published in the NY Times. Maybe this woman could compose
a letter to send to the banks for illegal foreclosures.
Subject: Fwd: Letter to a bank
86-year Old Lady’s Letter to Bank
Shown below, is an actual letter that was sent to a bank by an 86 year old woman. The bank manager thought it amusing enough to have it published in the New York Times.
Dear Sir:
I am writing to thank you for bouncing my check with which I endeavored to pay my plumber last month.
By my calculations, three nanoseconds must have elapsed between his presenting the check and the arrival in my account of the funds needed to honor it..
I refer, of course, to the automatic monthly deposit of my entire pension, an arrangement which, I admit, has been in place for only eight years.
You are to be commended for seizing that brief window of opportunity, and also for debiting my account $30 by way of penalty for the inconvenience caused to your bank.
My thankfulness springs from the manner in which this incident has caused me to rethink my errant financial ways.
I noticed that whereas I personally answer your telephone calls and letters, — when I try to contact you, I am confronted by the impersonal, overcharging, pre-recorded, faceless entity which your bank has become.
>From now on, I, like you, choose only to deal with a flesh-and-blood person.
My mortgage and loan repayments will therefore and hereafter no longer be automatic, but will arrive at your bank, by check, addressed personally and confidentially to an employee at your bank whom you must nominate.
Be aware that it is an offence under the Postal Act for any other person to open such an envelope.
Please find attached an Application Contact which I require your chosen employee to complete.
I am sorry it runs to eight pages, but in order that I know as much about him or her as your bank knows about me, there is no alternative.
Please note that all copies of his or her medical history must be countersigned by a Notary Public, and the mandatory details of his/her financial situation (income, debts, assets and liabilities) must be accompanied by documented proof.
In due course, at MY convenience, I will issue your employee with a PIN number which he/she must quote in dealings with me.
I regret that it cannot be shorter than 28 digits but, again, I have modeled it on the number of button presses required of me to access my account balance on your phone bank service.
As they say, imitation is the sincerest form of flattery.
Let me level the playing field even further.
When you call me, press buttons as follows:
IMMEDIATELY AFTER DIALING, PRESS THE STAR (*) BUTTON FOR ENGLISH
#1. To make an appointment to see me
#2. To query a missing payment.
#3. To transfer the call to my living room in case I am there.
#4 To transfer the call to my bedroom in case I am sleeping
#5. To transfer the call to my toilet in case I am attending to nature.
#6. To transfer the call to my mobile phone if I am not at home
#7. To leave a message on my computer, a password to access my computer is required.
Password will be communicated to you at a later date to that Authorized Contact mentioned earlier.
#8. To return to the main menu and to listen to options 1 through 7.
#9. To make a general complaint or inquiry.
The contact will then be put on hold, pending the attention of my automated answering service.
#10. This is a second reminder to press* for English.
While this may, on occasion, involve a lengthy wait, uplifting music will play for the duration of the call.
Regrettably, but again following your example, I must also levy an establishment fee to cover the setting up of this new arrangement.
May I wish you a happy, if ever so slightly less prosperous New Year?
Your Humble Client
And remember: Don’t make old People mad.
We don’t like being old in the first place, so it doesn’t take much to piss us off.
What a creative witty piece of writing!
And how upset that we are treated this inhuman way.
So sad that it has become a new norm with TBTF.
Even though it needs to be somehow supervised, checked, and controlled, still it is impossible to control every setting and action of the companies we deal with.
Maybe we should forward it to FCC for their consideration?
Those who run the automated world need millions of such introduced into their lives.
Also, excellent letter writing, with complete sentences no less!
It would be wonderful to wake up one morning to know that millions of folks all over this
blessed country have woke up, pissed off from being pissed on for generations.
We could use a nice tsunami of cleansing anger, root and branch cleaning
Many thanks to whomever wrote that wonderful letter!
Any time you call an 800 number
(for a credit card, banking, charter communications, health and other insurance, computer help desk, etc)
and you find that you’re talking to a foreign customer service representative
(perhaps in India, Philippines, etc),
please consider doing the following:
After you connect and you realize that the customer service representative is not from the USA
(you can always ask if you are not sure about the accent),
please, very politely
(this is not about trashing other cultures)
say, “I’d like to speak to a customer service representative in the United States of America.”
The rep might suggest talking to his/her manager,
but, again, politely say, “Thank you, but I’d like to speak to a customer service representative in the USA.”
YOU WILL BE IMMEDIATELY CONNECTED TO A REP IN THE USA.
That’s the rule and the LAW.
It takes less than one minute to have your call re-directed to the USA.
Tonight when I got redirected to a USA rep, I asked again to make sure – and yes, she was from Fort Lauderdale.
Imagine what would happen if every US citizen insisted on talking to only US phone reps from this day on.
Imagine how that would ultimately impact the number of US jobs that would need to be created ASAP.
If I tell 10 people to consider this and you tell 10 people to consider doing this – see what I mean…it becomes an exercise in viral marketing 101.
Remember – the goal here is to restore jobs back here at home – not to be abrupt or rude to a foreign phone rep. You may even get correct answers, good advice, and solutions to your problem – in real English.
If you agree, please tell 10 people you know, and ask them to tell 10 people they know….etc…etc
Inviting comment on the following prior to dispatch;
June 11, 2011
John McCormick
XXXXXXXXXXXXXXX
Las Vegas Nevada
GMAC MORTGAGE SERVICER
PO Box 969
HORSHAM PENNSYLVANIA 19044-0969
EXECUTIVE TRUSTEE SERVICES LLC
2255 NORTH ONTARIO STREET, SUITE 400
BURBANK CALIFORNIA 91504-3120
Dear Sirs;
This letter constitutes a Qualified Written request as defined by Federal Statute governing the mortgage lending and servicing industries. You are attempting to foreclose on my home at XXXXXXXXXXXXXXXXXXXXXXXX.
Question? You will please tell me in what form my promissory note of June 2006 is being held by the “lender” or “holder of the note” as defined in the note?
Question? Is the note being held in its original form or is it being held as a “Transferable Record” as described in Public Law 106-229, Title II Section 201 of June 30th 2000?
If the note is being held as a transferable Record [and I have good Reason to believe that it is], then I hereby demand my rights under Section201 (f) TITLE II of Public Law 106-229 of June 30th 2000. That is, I demand that you provide reasonable proof that you are in control of the transferable record. Since you have, in the past provided me with several disparate copies of the note and I maintain these in my possession, I further demand that you grant me “access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record”
Sincerely Yours,
__________________________________________
John McCormick
Hello Mr. McCormick, My name is Juanita and after a long and longer battle with mortgage fraud, I discovered MERS Jeffrey Stephan had signed as VP for MERS or GMAC one or the other. Because I had default judgments against all those involved in the mortg fraud ring, I needed only to prove that US Bank did not hold the original title to my home. Actually, the bank should have proven they held the title or note. Well, in the end it didn’t matter one way or the other. They only answered once that they rcvd the loan through a “grab bag” style process from GMAC. I had all my hope in thier case being invalid or dismissed but not here in California. The banks will keep you in paperwork, with questions and answers, depositions that cost me $3000 each time and just round and round until we could not afford to continue fighting a business with ATM machines. So now my family and I after fighting GMAC, Lehman Bro, and US Bank are unfortunately forced to end this and will be literally homeless in a couple of weeks. I did prove mortgage fraud against us, I did nothing wrong, but there is no justice for my family. I fought in civil court for just about 5 yrs now, i stongly suggest you have an attorney file a restraining order against anyone or entity that tries to foreclose on you until you’ve had a chance to prove your case. I believe its called a lis pendis. This will make it much better for you to fight your case without worry about the other side pulling sneaking stuff out on you. Like a bank we never heard of until 4 yrs later saying this is their home. It doesnt make any sense to me how a bank can claim my home with 1 piece of invalid paper. im told the cases regarding MERS are not the same here in California. I wish you all the luck and strength in the world. Dont Give Up!
I Just want to vent a little here. I have been contacted by the FL BAR about a modification that was a joke that American Residential Law Group which is own by two FL lawyers Oscar Estevez & Joel Jacobi charged me $1395 and took the money and ran.
First thank you to the FL Attorney General who forward my complaint to the FL BAR. Thank you to the FL BAR for looking into this matter.
Now here is my vent. I am from GA. I have seen so many people on foreclosure sites from FL begging for help. Why is Florida not helping their own? Why is GA not helping their own?
.Two law firms from GA McCalla Raymer & Pendergast & Jones have now open offices in Florida. Are they not making enough money off of GA homeowners who are being foreclosed on?
These firms need to be kicked out of Florida. We all know Florida has enough of their own questionable lawyers they sure do not need ours from GA.
Pendergast web site list at least 100 foreclosure a month on their website http://www.penderlaw.com. I checked yesterday and only one did not have a bid. Who is buying these houses?
Kay Mixson Jenkins, Many of the foreclosures are being purchased by foreign interests. Here in Nevada there are many properties sold to Canadians. Did anyone hear the story on this morning’s new about the federals wanting to raise the minimum down to 20%? That will indeed help their plan to continue the meltdown. It’s time to change the name from “recession” to “Government sponsored depression”. The end game is to create a debt peonage in America. As we speak, the internationalists are attacking Northern Africa with the intent of creating a peonage in that area. It’s time to cut our ties to “free trade” the IMF, and the FED. Tariffs on foreign goods will force the factories ( and the jobs) back to America. Time to change our monetary system!
I agree. The more I get involved the more contradictions there are. Politicians, academia, policy think tanks are all on board w/ pushing people out of their homes. This goes beyond class and party. Liberalism is dead in our institutions (small l) but not in us. We have to go beyond liberty of taxes but think of all of our rights to life and the pursuit of happiness. Strange day!
I’m here writing on behalf of my mother. She received a letter from BoA (constrictor) today stating her former Countrywide loan — now serviced by BAC Home Loans Servicing, LP — will “transfer to our parent company — Bank of America, N.A.” come July 1.
Her mortgage was with Countrywide, but according to Broward County public record it was transferred to MERS for $10 in 2005 a few months after purchase. She’s paying $2900 (w/ insurance) ALONE, BY HERSELF, every month. And it keeps going up. They even wanted to charge her $3000 to get her now ex-husband off the mortgage, even though she had a quit claim deed, divorce papers, etc etc.
These people are criminals.
She’s underwater by about $30K — not much, but it would help — and she is going to be paying this by herself for a long time, unless we work together. She’s got too much pride to stop paying. We shop smart, her credit is stellar. (To give you an idea of how she is with money, we were watching a Suze Orman special for the first time the other day and Orman listed ever money mantra we’ve always lived by.) My mom deserves better than this. I live at home and I hate to see how heavy this house weighs on her, in turn weighing on me. With my income, we just get by. But we are getting by.
Does this mean MERS will no longer “hold” the note? Is this going to be another $10 transfer, and quash my dreams of filing the paperwork to ask where the original note is? Because I am ready to begin the process.
MERS cannot EVER “hold” a note. That would be banking, and they are not a bank. They have even argued that they do not hold notes in court, to avoid having to be regulated as a mortgage broker and/or bank.
Submit a Qualified Written Request to the “note holder” at the address stated in the note itself. If that is no longer valid, too bad for the bank, because they are required to notify you pursuant to those documents, of where to send “notices”. You are abiding by the contract, they are not.
Unless he has died, only your husband or a court can get his name off the mortgage. If that was not specified in your divorce papers, the bank is SOL without his acknowledgement.
If you had a Countrywide loan, as did I, chances are the note and or mortgage docs were never transferred during the securitization process. They are either using info in MERS and / or public records.The probably want your ex-husband off the mortgage so they can draw up an “updated” contract, where you will essence sign away your legal rights to challenge that they have an instrument in the note or mortgage. That is what they do with loan modifications.
Thank you, Tim! I found a copy of a QWR to send from Scribd (looks like there are many to choose from). I’ve read through it a few times, and it seems sufficient. I’ll be mailing it off tomorrow.
Do you know of any language I MUST include in a QWR? And, more importantly, do you think it’s okay to have only one borrower sign the QWR? I can also furnish a copy of the quit claim deed in addition to the QWR if you think it would help.
Use whatever they have as a template. The wording should also reference your own state’s laws. Whoever is responsible under the note and mortgage should sign.
I am a victim of a loan mod/principal reduction scam. I was contacted in Sep 2010 when the Notice of Default was filed in the San Bernardino County Recorder’s Office. The company that contacted me was Goldenkey Financial Services at 255 E Broadway Glendale, Ca 91205 contact person Daniel Hernandez (818)536-7442 and (213)804-2165 dhernandez.goldenkey@gmail.com. Others there that were involved in the initial meetings and instrumental in the agreement process were Fabian Ramirez and Alex Munoz. We did not know the process at first, we were only told a generic outline of events of how the principal reduction program worked. We later found out that they were working with Qubelink Financial Services at 255 E broadway Glendale, Ca 91205. Other aliases are Globus Management Services, EZ Management Services or Foreclosure Stop. FBN Filing # 20110461339. Initially, we worked with Dante La Madrid dante_lamadrid@yahoo.com (no known telephone #) and then later Ricardo Ligad (818)207-5264 rick@qubelinkservices.com. We were told that the fee was approx $5000 per house to be involved in the program, but we had two houses and we received a discount and paid only $6000 for the both. Sometime later during the process I was asking my wife what was going on and what were they doing. She could not explain so she scanned/emailed me the documents (I was in Afghanistan) and I began to review them and was confused to what they represented. I began to research online particular wording on the documents such as, ‘Accepted for Value’, ’Returned for Value’ and ‘Exempt from Levy’. These particular phrases led me to the whole Sovereign, Secured Party Creditor Movement. I began to learn that they were attempting to, in essence, through the use of the Uniform Commercial Code, Admiralty Law, Trust Laws and Bankruptcy Law capture my “Strawman” account at the US Treasury Dept. in order to discharge my debt with Aurora Loan Services. At this point, I began contacting Qubelink trying to get answers to what this process was and copies of what they were doing. I was met with a brick wall. From the end of May until this date, June 9, 2011, I have been in contact with Ricardo who has been avoiding all my questions and when he did respond he was rude and inflammatory. This is when I ended our agreement and asked for a refund of $6000 that we paid upfront. To date, Qubelink has failed to cooperate or negotiate the return of our monies.
If anyone has any information about these companies or persons contained within please contact me at willsytyle1970@yahoo.com
“Short sales may be targeted for fraud
A study estimates that banks and distressed home sellers will lose more than $375 million this year when they sell undervalued houses to tag teams consisting of realty agents and investors.”
“But the bottom line here, as seen in the Connecticut guilty pleas, is that short-sale thievery is federal bank fraud. Realty agents and investors who participate in these schemes risk prison terms of up to 30 years, big fines plus restitution of the funds they stole.”
Here’s another short sell. …homeowner set up for a foreclosure, and offered a short sell to keep the foreclosure from ruining their credit. The real estate agents/broker and the investor are already set up.
The foreclosure nearly happens leading to the short sell. The investor is already placed, maybe already
put money on the table for the property. A threat of a lawsuit is the only thing that kept the foreclosure
from happening, due to the fact the property owners were never contacted and informed a foreclosure
is imminent.
The criminal act starts with the mortgage payments for 2.5 years being diverted from the account
assigned to recieve the payments. The foreclosure is attempted. In the ensuing 6 months an offer
is made to the owners, making up the missing payments and continuing to pay off the mortgage.
The payments are missing alright, going into another account to make it look the owners had gone into
default.
How many others has had this happen to them? How many have lost years of investment through no
fault of their own, having to walk away after being defrauded. This case happened back in 2005, and
still has had no resolution.
That should be put up in a hall of shame! That’s what we need so people understand it’s not just bad homeowners, MERS etc. The fraud is deep and layered. Need to stay in your homes if it makes sense and verify if MERS or some other layer before you sign or do anything.
This was too funny not to pot. The Fed actually has a Mortgage Foreclosure Resources link on their website…. Does the devil have a link on how to get to heaven?……LOL………….
thank you tim!!! they are so funny arnt they. waht a flipping mess. i am so stressed over this. i should sue wells fargo for pain and suffering. thank you for all your help and support through this, the truthy is almost finally out there
We need a little humor every now and then, because this is a very stressful situation. Don’t let it eat you up. Live to fight another day !!! We can learn to laugh at the most ridiculous stories associated with the cause. Consider it like a soldier who goes into war and gets a morbid sense of humor. It’s not that he is an abhorrent person. It’s a humor used for the brain to help deal with a very real high-stress situation.
I don’t like to talk about myself much, but, this one is for everyone on here. I know the effects of what a high-stress situation does to you, since I suffer from Post-traumatic Stress Disorder (unrelated to this mess). If I knew then, what I know now, things might have been different. You need to develop a certain sense of humor, not as any disrespectful or morbid behavior, but as a coping mechanism for your brain. There are worse things than losing your house….your family, your sense of humor, your ability to socialize, and if it gets carried away, your mind or your life!!
When we post some funny comments, or the laughing mouse, take it in stride. It is only a stress reliever. I see comments on here from people who REALLY need to step down and see what is happening to them…nothing is funny. If anyone here is at that point, you need to see a mental health professional. That is not a statement that you are crazy. It is a statement that the traumatic effects of your situation are having negative effects on your mental health. You need to recognize this and seek help. As I said earlier, you need to live to fight another day……OK, I am done.
Ha Ha…
That link was brought to you by………..
Yep The ugly hang together.
This information was prepared by the following federal agencies: Department of Housing and Urban Development, Department of Justice, Federal Deposit Insurance Corporation, Federal Housing Finance Board, Federal Reserve Board, Federal Trade Commission, National Credit Union Administration, Office of Federal Housing Enterprise Oversight, Office of the Comptroller of the Currency, Office of Thrift Supervision.
Tim
I am at the library. I hqave a new Dell lqaptop so it is not my computer that causses me troubles and now being able to post.I think Astirua Federal the bank that sold my property without owning it has a second computer on my Internet line enabling them to watchm alter, screen and delete whatever I do. Yipes.
That 2009 decision was the Appellate Div. covering up for Judge Schlesinger’s Dec 4 2008 decision. Both of those decisions read like an LLPS DOCX document altering the facts and the dates.
From the Appellate dec. I went directly to the NY Court of Appeals and Chief Judge Jonathan Lippman decided on Oct 15 2009 “Miotion for leave to appeal dismissed upon the ground that the order sought to be jappealer from does not finally determine the action within the meaning ofthe Constitution I could not get a final determination.
In 2009 I wrote a little book (19 pages) about what started out with the bank hiding 4 of my mortgage checks to fake a default and then their never ending conspiracy of how to steal property
I have a PO ML- box 154 WEST sAYVILLE ny 11796. if you could drop me a note how to contact you I would love you to read the transcript of what is hapening to me and the part the judges play in foreclosure fraud in NY (even tb c/o a candy store in your neighboor hood.) Thanks m.
I just sent this letter to NY AG Eric Schneiderman. It is another aspect that needs to be addressed;
Thank You. The following information has been submitted:
Form submitted on June 7, 2011 9:17:24 AM EDT
Personal Information:
Mr Tim Bryant
XXXXXXXXXX
XXXXXXXXXX
XXXXXXXXXX
Comments:
As part of your investigation of
mortgage servicers, you may want to look
into “captives”. These are the banks
offshore facilities they specifically
built as part of the origination and
servicing operations. If they try to
deny their existence to you, here is an
article proving such… http://www.nationalmortgagenews.com/nmn_
features/vendors-bundle-outsourcing-
tech-1025059-1.html?CMP=OTC-RSS
Tim
If there were more Tims we could untangle this massive fraud quicker
I will get back to you on my concerns about where I go from here regarding fraudulent documents since Judge Schlesinger wrote her own fraudulent opinion and five appellate judges covered up for Judge Schlesinger and wrote an opinion with false information and false dates. They won’t care much that the attorneys lied, the judges did it too.(Judge Schlesinger is in the unique postition that should never would have been a Supreme Court Judge, if it weren’t for the fact her husband Tom Nooter is a criminal attorney and a leader in the democratic party and very much a part of the nominating committee for Judges. )
I just read the 2009 decision in your case. She was pretty brutal in her decision. Your appeal would be timely if it starts tolling from when you first uncovered the fraud….if you can prove it. She may have a different attitude in that setting.
Your link no longer works. The page has been removed.
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Tim,
Off shore makes complete sense, Why would the servicer conduct their fraud here on American
soil if they had a choice.
So much has been exposed in the last 30 days, Keep the faith. The banks are bound to fail again.
Hopefully we Jail the head’s of the snake soon !
Thanks
And for those who think the government cannot take back the country from Wall Street, oh yes they can. They have a very powerful tool. It is whether they have the intestinal fortitude to use it for it’s intended purpose, and not to oppress the citizens…. http://en.wikipedia.org/wiki/Posse_Comitatus_Act
Let us have a government by which our lives, liberties, and properties will be secured, or let us know the worst at once.”
– George (the man with a plan) Washington
I feel like that Dan cat in the photo, complete with grimmace and with hand on sword, not weiner, sword. Speaking of A.W., ask our Congressman what he learned this week in show and tell. Specifically, it is always best to start with the Truth…Arnold, Mr. Edwards, would you gentlemen agree? Start with the truth…third grade stuff right?
Right Toni Francis, Bob Hendrickson, Donna Black, Mike Fischer, (v.p of Fraud) and assuming he exists and is a real, not just a robo, ‘executive’……and of course their attornies of Ringert Law, Laura Burri, and their sleazy real estate agent of Real Estate Royale, also of Boise, Idaho. RICO all the way. . . . MetLife is FretLife…known offenders / usual suspects.
Oh and did you see that Rep Bauchus of Alabama has suggested that American’s need less/fewer Federal Programs to help Americans avoid foreclosure. Huh??? Fewer than none? There is no value less than zero.
The Federally Funded Banks being paid to help you and your neighbors are just pocketing the coin…again, the answer is simple, let the People pay what they can afford to their Casino…..and the Casino accepts payments on 30/35/40/45/50 yr schedules and offers Flexpay Programs. No extortion, no perjury, no court cases, no false accusations, just pleasant streams of incomes…..because really, in the end, the Customer, is, once again, always right….. Or the whole system can Buffalo Jump off the cliff, think Road Runner when he Wylie goes just a bit tooooooo far. You know the scene.
Put some Federal muscle around this – Flexpay system and you have a game changer. Then find the last person holding the ‘bag’ on the securitizations ‘products’ (in the World) and offer them full value of their holdings. Then follow the paper/money trail back to the fraudulent ‘Debt Collectors’ trying to double and tripple dip and build a wall around Irving, Texas and ask that the ‘town’ be coverted into a White Collar Crime Conviction Center (no moving costs, most if not all guilty parties are already there).
Then the ‘Orphan Loans’ get picked up by the US Treasury Dept (we all call Timothy our Savior) and three things happen.
1. Trust is restored in the markets (here and abroad), Americans can travel safely again and with coin.
2. China takes a long sigh of relief and stops calling our Sec of State names.
3. The Gov’t begins to make interest income on the protection and restructuring that it provided. Think of it as ‘Medicare’ for the ailing Home Financial Sector – but a heathy (well heeled) version…….. a win/win/win…..hatrick. Complete with lessons for the future so it doesn’t happen again.
Some months you pay more, some months you pay less, alot less….when you pay less you are a customer longer……————-> more revenues for the ‘debt collector / investor / fraudster / thief’ but it is an expense you control, like an accelerator pedal or brake, there is control and flexibility in these times of instability and chaos….. Wouldn’t you would think more business is better??!!
I am not sure where these Casino Bosses went to Grad School, but personally i cannot think of any business to knowingly turn down another 15 yrs of a client’s spend if given he choice. Especially if the alternative looked less attractive by all standards, weights and measures. . . and was referrenced by the American People as “Camp Snoopy’ and “Enron Iron’….. “Killing the American Dream”, “Perjury”, “robo-fraud”, and was conducted knowingly and with malice. These acts should be treated as a most heinous crime. Ultimately, that WAS all we had here in these Unites States- the Dream of a better day and safety that the Courts and the Banksters would have a System of Checks and Balances – that no man was above the long arm of the law. Especially Banks, especially Nationally Registered and Civically Funded Banks. Can you imagine a wheelbarrow full of curreny needed to go grocery shopping…..help hold your legistltive Assymbly accountable for restoring integrity into our Housing and Financial and Judicial Markets. It’s their job. . . you pay them to DO this. Have a check in…..it’s healthy. Your Senators and Congressional Reps WANT to hear from you.
You have a voice, it works, use it. George used his…..
One thing to watch…If any of these federal agencies oversee the foreclosure process, then the “Equal Access to Justice Act” kicks in. You can read the specifics of that law here….
This especially applies to anyone who is being foreclosed on by Fannie or Freddie. If you dig into your securitization, and can find an agency (i.e. Treasury) who is an investor on your loan, EAJA kicks in. This is important to mention to any attorney you may consult with. If the government reimburses the attorney fees, you may not have to pay a retainer.
You wouldn’t need to go pro se if the government would reimburse your attorney fees. This is how Social Security appeals work. You do not pay the attorney because they get reimbursed. It is worth discussing with an attorney. This would also apply if you apply for an exemption from the SEC under Sec. 29 and they made (or failed to make) a decision which disregards you as party to a securitization (i.e. my personal experience). This would also occur if you have filed a complaint with Treasury that the lender / investor violated the terms and conditions of HAMP. It is Treasury’s responsibility under its’ terms to correct the situation. This invokes EAJA and the Tucker Act, as a government agency has acted (or refused to act) on an issue which directly affects you negatively.
If you dig into your securitization, and find that the government owns your loan (which BTW is in violation of the Constitution), these would also apply. Remember, Treasury and the Fed bought $2T in MBSs. It is also worth noting that SIGTARP has directly blasted Treasury because they created TARP and HAMP with no intention of enforcing it’s protections.
“It is worth discussing with an attorney. ”
Tim, it is simply worth discussing. It can make a difference if we, and the attorney (G-d willing), as well as the judges in our courtrooms,understand the mechanics of this Code. Also, what kind of opposition, stalling, rejection/reversal it may meet?
Have you heard of any actual case where this approach was used and failed or prevailed?
Tim, you are G-dsent to us, “the deadbeats”. And we are proud to have you. Good job!
It seems that you went through thick and thin “acquiring” this.
You have my true respect for sharing.
Liz
I have found that Vets who have been aggrieved on (VA) home loan foreclosures can invoke EAJA in the United States Court of Appeals for Veterans Claims…..
Here is the case you have been looking for. This case is so amazing, especially in light of TARP and HAMP, and the current foreclosure crisis. Amazingly, it dates to the 1980′s. In my opinion, a foreclosure by Fannie or Freddie, or any entity who received TARP money and/or participated in HAMP, falls under the cloak of EAJA if the government intervention caused you harm. In light of the abuses of HAMP, millions would fall under this….. http://ftp.resource.org/courts.gov/c/F2/743/743.F2d.454.83-2677.83-2038.html
This has already started. And one of the systems that brought this idea about is Ithaca Hours.
Which has been around for many years.
You might want to share this, and see if it inspires others to use such ideas in helping oneself and others.
I found an interesting site that gives alot of information how Fidelity and its different companies run their operations. It is in a newsletter called The Summit for employees .
Encouraging PEAK PERFORMANCE IIN THE FIIDELIITY PARTNERSHIIP
(look how nicely they word this)
an example: .
With the introduction of Signature Required, we have
the ability to track documents and identify documents that
may have been misplaced and need to be re-executed.
In many cases that problem cannot ever be fixed, as the statute of limitations has run out in getting
that paper work registered and filed before the state time was up. If they were supposed to be in a trust
this means the trust is either deficient or empty.
Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp) says:
Litton and their embedded LPS employees can come to the rescue, regardless of those pesky rules in the PSA, regardless of the IRS rules, regardless of the NY Trust laws and even regardless of the actual content of the Deed of Trust.
LPS’s initials are on the area of the assignment of the deed of trust as the requestor of the recording. Document to be returned to Litton after recording. The document is dated and recorded 5 years too late. It is generated and recorded after the supposed default and after the NOD was filed. It was signed by Litton’s attorney Debra Lyman in TX. At least, it is supposedly her signature. The document is self-serving since LItton is working for the supposed CWABS trustee, BNY Mellon. It is also a document that was generated after litigation was in progress and appears to be a fraud upon the court. Tisk, Tisk.
That document has Debra signing as the nominee of a Corporation that did not exist in reality and assigning the mortgage to a CWABS Trust from FIVE (5) YEARS before the date of the assignment. The assignment alleges to ASSIGN the NOTE to the trust also. MERS just is not supposed to have that capability EVER. But LPS and Litton Loan Servicing to the rescue!
See? Those pesky problems that can not be LEGALLY fixed are never beyond the ability of LPS and Litton Loan Servicing.
An important point, especially in litigation, is to file a criminal complaint if a falsified document is submitted before the court. While you may think that it will not go anywhere, it is useful as a strategic tool against these perps. You can drag them to court, subpoena duces tecum, to explain how these new documents came to be. Here is the kicker…if you have an attorney, they would remind the witness of their 5th amendment rights as their is an active criminal complaint. How much do you want to bet they invoke that right? Once they invoke, you ask for dismissal WITH prejudice, as you have the right to prevent a defense and confront your accuser and their witnesses under the 14th amendment.
If they don’t invoke, then you get a transcript of the testimony and submit it as evidence in your criminal complaint. You also have proof that the crime was committed as part of interstate commerce, was a conspired act, attempted to corrupt the judicial system, and used the mails and/or wires. Voila, you have just proven racketeering. If you lose your home because of this act, you file a RICO action against not only the perps, but now the state and judge for furthering the racket under Title 18 of the US Code.
In today’s HuffPost there was an article about Goldman selling Litton. Here is a very interesting part of the article…
“In March, Goldman said it was considering selling Litton, which the company acquired in 2007. And then in May, the New York branch of the Federal Reserve received a letter from a Litton employee, who said Litton was denying mortgage modifications to distressed homeowners. The New York Fed said it was looking into those allegations.”
So I thought I was dreaming…stranger than fiction and happening now…..
I get a UPS (thick) ‘please don’t call the po-po on us’ the Executive Office of American Home Mortgage Servicing , Inc. (now in Bankruptcy) of the soon-to-be infamous center of our ‘piggies at the trough who just couldn’t help themselves….or Fur Closure HQ – a.ka. Irving, Texas’. Let’s just say their ‘tone’ has changed. Incidentally, so has the tone of the Law firm (to be unnamed) of Colorado, hired to falsly est. basis to ‘collect’ on an ‘already sold’ loan. (repeat the ‘already sold’ for emphasis and accuracy. I believe as a songwriter or playwrite might include a 3X – 5x in the ‘director’s notes collumn’…….
Yeah so like we are all ’6th Sensing’…..the tide has now gained momentun asevidenced by my little office chat with the (other RICO-esque party) Northwest Land Services (the foreclousre ‘executioner’, the ones who actually schedule the sale of your home.
They are evil spitited too, and usually say things like:
“Sorry Maam/Sir, there just insn’t a THING we can do, unless your (Servicers/Debt Collector – fill in the name of your favorite sleazy mortgage Co. / ‘Prank’ here) ”
“We are proceeding with the Sale of your home at the direction of (see above) and unless and until you come to us with final settlement of $(many thousands of dollars plus fees on top of fees on top of fees – think Signapore tax/tax/tax) we WILL BE SELLING YOUR HOME.
Yeah, you could of heard a pin drop when I told them they too were just reported (by yours truly) to the FBI et al…. they were like “you know about M.E.R.S.?……….(silence / prego pause / more awkward silence).
ME: “More than I should.”
THEM: “Oh. (silence)”
ME: (listening for pin drop) “Hello – are we clear?”
THEM: “Yes.”
Then I walk into the house and get this – no, I’m no lying – there is Andrea Mitchell of MSNBC covering the story of a (are you sitting down), a Sherriff’s Department Team of Officers raiding (still sitting down) a Bank of America upon receipt of a Court Order to enforce the collection and sale of (yes you are are starting to get it) the Bank’s Assets…..chairs, printers, file cabinets (frem the Atty’s mouth, my new hero). It appears Bank of America illegally foreclosed on a family, judgement was reversed with penalties and reimbursement of attornies fees, Bank of America tried to skip out on the Atty fee part, (huh, they just charged me $140 in fees and I had to pay, okaaaaaay?!) and the Defendant / turned Victor/Hero filed for Enforcement. So when the cops go into the Bank, BofA takes out a ‘new’ Songsheet, and begins singing…. I was LMAO, then I got up and LMAO again. I wondered if I could post about it….or was I censored and booted????…..and well here I am.
The message, if you think you are being illegally foreclosed upon, or if you would like to protect your RIghts and likely those of any party(ies) who may be holding a “Purchased Deed of Trust / ‘A Product’” or interest (financial or otherwise), well, you get it…..stop them from hurting themselves, report to your local Police Depart (with evidence and a ‘Victim Impact Statement / Sworn Statement’ get it notarized and offer it to your PD – they will appreciate it and your report will be more accurate then trying to recall all details in front of a man/and or woman with a gun and or taser….. get it down on paper first. Got it?
Ok… so let’s see what Bank of America has to say about losing it’s perverbial ‘shirt’ to the Sherriff’s Department. I am not making this up. I couldn’t. And the Universe also has a light side. Keep it light. and never give up. Ever. Now go watch MSNBC and see if it has looped. 12:31 = 7
Has anyone here had their mortgages transferred to the parent company–from BAC to BofA, N.A.? Why is this happening?
With some BAC second mortgages, a transfer notice stated that the loan went to Bank of New York Mellon, but servicing remained with BAC. BNY Mellon called itself the “new creditor.” About a week later, BAC transferred servicing to the parent company, BofA, N.A.
Has the parent company EVER serviced loans? Why now? Why transfer loans already in foreclosure?
The interesting thing is that under the UCC, as I understand it, if a bank takes a loan already in default, the bank becomes a debt collector, and debt collectors cannot foreclose. (If this is incorrect, someone please correct me.)
Send a QWR to BNY Mellon. Ask them for a copy of the sales contract for your loan including, the terms, conditions, and consideration. If no money was paid for your loan, it was not legally sold for value.
I have just received my letter from BAC home loan servicing, my loan is going to BAC NA as of July 1. Let me ask you this…..They did the first fraudulent assignment of mortgage from MERS to BAC home loan servicing, now what ? can I expect another fraudulent assignment to BAC NA ? Doesnt this further cloud the title of my house ? are they digging a deeper hole for themselves ? I just dont understand why they would be doing this, there has to be a reason !! The plaintiff in my case is BAC home loan servicing can they no longer foreclose on me since they no longer own the loan ? I am starting to get confused ! ha
You said they were the “plaintiff”. Assuming an action is already in the judicial system, submit a motion for summary judgement as the plaintiff is not the real party in interest. They cannot do a transfer or assignment, after the action has been initiated.
You can research numerous cases which have been dismissed on these grounds. Usually, they are without prejudice. This means that they can refile.
Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp) says:
I’m not certain if everyone here is on top of the fact that both SERVICING and NOTE OWNERSHIP are moved SEPARATELY. Servicing can move without any change of ownership. Ownership can change without a change of servicer.
As far as a change of the OWNERSHIP while someone is being foreclosed by the SERVICER. Hmmm. SOME courts do not allow the servicer to foreclose, some do. Documents may actually show the servicer is foreclosing on behalf of the owner. If it is being done by the servicer on behalf of the owner, and the ownership changes, the court might allow the docs to be amended.
Now if it is a BANK that is the new OWNER, you need to check the laws. I recall reading something recently about a transfer to a bank of a defaulted note falling within the FDCPA and that the result was the bank came into play as a DEBT COLLECTOR. The rule that was being cited did not allow collection via foreclosure. You need to check this rule. It is also in the BK laws about a debt collector I believe. Check the ‘strong-arm’ rule there.
I just found an article on an industry website that is making me question whether the lenders EVER “own” the note. You MUST read this. It is very telling….especially the “offshore operations”….
Tim
My computer is hacked into I have to wait to go to a library to put my reply in to you.
Today being Sunday the library is only opened short hours and busy so not today.
thanks tim i sent a letter yesterday and today. about the securitization of these loans and not educating us about securitization was fraud and all our loans are null and void.
Thanks Tim! Here is a copy of my note to the congressman.
Dear Rep. Cummings,
One over looked aspect of the foreclosure mess is the artificial support of housing prices in the US by the misreported and misidentified transactions between the foreclosure mills and fannie and freddie. Here in Nevada, the transactions reported by Fannie and Freddie as “sales” are not sales but merely transfers of interest between the parties. These “ sales” are reported at the price of the defaulted loan, rather than at the price of the property value. The “sales” are then picked up by AVMs Automated Value Models) ( think Zillow) and are used to support an unreal assessment of market conditions.
The issue is further complicated by Fannie and Freddie’s status as GSE who are or are not “private companies” . As a government agency the entity should pay no transfer (stamp) tax in Nevada. However just the other day Mr. DeMarco of FAHA stated before congress that Fannie and Freddie are “private” companies and therefore not subject to the FOIA mandates. (Page 8
Subjecting Fannie Mae and Freddie Mac to FOIA) http://www.fhfa.gov/webfiles/21318/Demarcotestimony52511.pdf
If they are private then they may owe us some taxes and if they are public then why are they not submitting to the FOIA mandates?
Is it not time that we returned to the American system of finance as described by Carey in the 19th century?
BTW more than a year ago I attempted to find the identity of the lender as defined in my promissory note by putting in a FOIA request to HAFA. I still have no idea who the “lender is” and I have a right outlined in the note to be conversant with the “lender”.
Tim – I’m glad to see you posting. Last night when I watched the weather channel I thought about you and I’m sure alot of others did too knowing you lived up in Massachusetts. I sent Cummings my little book on my nightmare I hope they are really going to help us.Can’t they go faster than turtles.?
Thanx, I live in a suburb of Springfield, so the tornadoes came our way. The only thing I lost was my phone and internet for a day. The next town over from me is a mess. When you see it, you realize how much your home means to you.
I hope everyone visiting this site takes the time to submit their horror story. Also, any evidence of legal, judicial, or legislative misdeeds should be sent to that site as well. Rep. Cummings is the best defender we have on the hill.
You should submit an invitation to view this website to Rep. Cummings. He will see the mass of issues everyone is dealing with. It may be very informing.
thank you all! my husband has been silent through this because it is me that is on the internet fishing. trying to stay alive. we have alot invested in our home and i would not walk away. he has said to me on numerous occasions why we can not all combine on some facebook page like egypt. and try to get a protest together on each of our individual capiyols on the same day. stregnth in numbers. i feel when i go to court and have to stand of this judge i am alon and naked it can not be that way. wells fargo can be aloud to win a free house from me. what they have done is a federal crime. lieing , cheating and stealing to win a free house.. lieing at contract, lieing as a servicer and lieing in modification. lieing to all government entities to make it same like we are the bad deadbeats when they told us to stop paying. all crimes. please we need to find some way to combine efforts and stop this foreclosure machine.
Housing expenses, similar to other basic necessities, has to be a reasonable percentage of a person’s take home pay. But home valuations are still too high because of the bubble. The bad banks have to be forced to write down/off these overpriced assets. Only then can the prices come down to realistic levels.
The Oversight Committee is currently conducting an investigation into the foreclosure crisis and is interested in any information that may help further the investigation.
The Oversight Committee has the highest respect for confidentiality. As such, we respect your need to remain confidential and will use your contact information only to follow up with you regarding your submission. If you do not wish to provide contact information, you may leave the contact fields blank.
Message to Ranking Member Cummings:
This link to Nationwide Title Clearing’s website clearly shows how assignments and transfers are not done by MERS employees, or by the true party of interest in mortgages.
I spent nearly an hour on the phone with the FBI today (SLC – Regional) reporting my abusers (Robert Hendrickson of FretLife / First Horizon, Tony Francis formerly of First Horizon and Mike Fischer, also of FretLife). At the end of the conversation, I was not given a report number but was told that my $300,000 in losses and 10 yr sentence to Bad Credit Land was not really enough of a ‘loss’ for them to go much further, but the Duty Agent did say they would review it. I informed the Agent that although it was not a massive amount to the Bureau, they were my last stop toward Justice and the amount did represent 5 yrs of my blood, sweat, tears and over 26 yrs of my Roth IRA savings – spent on the remodel to save the house. I then said if we as Americans are losing billions to these scammers / criminals. Look for my book on the subject Fur Closure… the high cost of white collar sloth….
Board – this is the place, the battleground for saving this Country and what it stands for (stood for) when our grandfathers and grandmothers had their run in with evil – remember that? Had they lost that one, this text would be in German. Well, I would have been gased, I would have had no Rights. That is the bad/sad news.
The good news is that miracles do happen and well, at $15 Trillion in the hole and China et al. staring down the US (read: clean up your act America or we will do it for you) – times are changing and in the Year of the Rabbit, we need change to bounce/hop quickly then settle.
I am calling on all Law Enforcement to take our indivual claims seriously. Together they amount to global losses and issues – worthy of the Justice we as Americans stand for.
Tim, thanks for holding the tillar while I slug away. I am awaiting news about Emergency Federal Foreclosure assistance that I qualify for but that is being dolled out by Republican minds that don’t like to help anyone (read: I may get my day in Court afterall) – Fur Closure round II. Basically, am calling American Home Mtg Servicing on their bluff. They have no basis to accept my full mortgage payment and NOT apply it to my loan. I will be calling Boise Police Dept to file fraud complaints tomorrow. Keep the pressure on these criminals – all of them.
Also, if you bitch about America, remember, YOU chose not to vote. Teach the youth that only in America can you vote freely or run openly. . . Watch next fall, the election will go to the ticket that resonnates and today we can all see that Palin / Trump / Christie / and Boner are all a bunch of clowns…recycled losers letting the world down and those millions who have come to this land in hopes of being free from oppression.
Remember what I said a year ago, if the Casino was allowed to cheat (not stack the odds, CHEAT) then they would have the Nevada State Gaming Commission all over them. No winners, cheating houses, no casinos…..just sand. Keep that in mind. We are all very temporary – in the big picture.
Fight on! The rock is about to break – the sword is moving… Call you local FBI and/or police – let them do their job. Help take a bite out of (white collar) crime. I hope that Eqgyptian pig, that Italian pig and that French pig all get their full plate of Justice. They can’t help themselves but in America – we still have laws and fighters. . .
I hope you each have taken a bit of hope and courage away from this board, I have. Tim, you still rock. . .
Oh yeah, remember what was fought for in 1814 in Baltimore. Those merchants sank THEIR OWN ships to block the British….. then fought ALL night and yep, it was still there in the am. We got em on the run now… we DO. DONT YOU FORGET IT. T-bone -RA 777
what is happening to the United States is what happened in Nazi Germany.
Google the enclosed : ( it comes from CBS BNET)
Home / FindArticles / Reference / Vanderbilt Journal of Transnational Law / March, 2004
Imperfect justice: looted assets, slave labor, and the unfinished business of World War II
by Stuart E. Eizenstat Home / FindArticles / Reference / Vanderbilt Journal of Transnational Law / March, 2004
Imperfect justice: looted assets, slave labor, and the unfinished business of World War II
by Stuart E. Eizenstat – US Ambassador to the European Union,
Comments .12345678910…
15Next ..I want to tell you an improbable story about how fifty years after the end of World War II, long-forgotten victims of not only the greatest genocide in history, but of what we learned was also the greatest theft in history, finally achieved some belated, as I call it, imperfect justice. This includes: those who placed their most precious assets in the safest banking system in Europe–in Switzerland–to keep them out of Hitler’s clutches (for fifty years after the war, they were unable to recover them); those who were forced into brutal slavery and forced labor at the hands of German and Austrian employers and were never compensated (most of these, by the way, were non-Jews in Eastern Europe); those whose hard work, businesses, and apartments were confiscated and never restituted after the war; those whose insurance policies were never paid; and more broadly, those whose entire culture was stolen from them. It is a story of how some of the world’s most powerful corporations were finally held accountable five decades after the end of World War II. It is a story of political intrigue, of diplomacy at the highest levels, involving our president and the heads of government of a number of European countries. It is a story of threats of sanctions by state and local authorities, and a story that involves a colorful cast of characters reminiscent of a Shakespearean play.
It started for me on a typically wet, dreary January day in 1995 when I was in Brussels serving as the US Ambassador to the European Union…..
Comments .12345678910…
15Next ..I want to tell you an improbable story about how fifty years after the end of World War II, long-forgotten victims of not only the greatest genocide in history, but of what we learned was also the greatest theft in history, finally achieved some belated, as I call it, imperfect justice. This includes: those who placed their most precious assets in the safest banking system in Europe–in Switzerland–to keep them out of Hitler’s clutches (for fifty years after the war, they were unable to recover them); those who were forced into brutal slavery and forced labor at the hands of German and Austrian employers and were never compensated (most of these, by the way, were non-Jews in Eastern Europe); those whose hard work, businesses, and apartments were confiscated and never restituted after the war; those whose insurance policies were never paid; and more broadly, those whose entire culture was stolen from them. It is a story of how some of the world’s most powerful corporations were finally held accountable five decades after the end of World War II…
Well said. The people WE bailed out, spit on us. The people WE elected, ignore us. Now is the time to be more vocal, to them and the media, get the word out, WE demand to be heard !!!! Do not beg or plead for their consideration, DEMAND it !!! We are past the pleading, which we did to our detriment. Make these worms squirm.
I have been trying to find my “pool” in EDGAR with no luck am I missing something in here?
Chase funding Mortgage loan asset-backed certificates,series 2004-01 , is what it says on the assignment they filed in court.
I ran it under chase and could find a few but not the -01 for 2004
Hello! In connection with privacy issues and the release of information to third parties – it is also important to check service agreements & applications. Many firms will sneak in text that says the applicant agrees to the release of data to affiliates or non-affiliates that “may offer services of interest…” (or similar language). The applicant is then forced to opt out of the sharing…often is missed, of course. So, we have to opt-out later via an 800 phone number or letter. Often times, folks are thereafter surprised to find themselves being solicited by these other companies.
I’m not in the mortgage business (uh, I have a soul…), just work in the compliance field. Also the victim of fraudulent mortgage. I write privacy policies as well. It slays me when regulators will beat up small entities for privacy infractions (most are unintended errors) but these large entities seem to skate unless there is widespread issues/fraud involved in the data release.
Check apps/service agreements – report violations of the Federal Privacy Act (just another thorn to add in the violator’s side). Keep up the good fight
For those in Florida…
Is there someone who used the mediation. Would you want to share your experience?
The site http://www.rmfmp.com says: “Because of the high number of mortgage foreclosures in Florida, the Supreme Court of Florida has issued an administrative order to all lenders that requires them to seek mediation of the foreclosure proceedings prior to bringing the case to the courts.”
What is this? Mortgage Investors, Inc. offering refinance to newly mortgaged home owners. Without solicitation calling these new home owners refinancing without any real closing costs or credit check.
They are using the VA to obtain lists of new VA financed home owners, offering refinance of loans attached to the interest rate of government T Bills.
Is this just another round of mortgage fraud?
Don’t you get a kick out of all the unsolicited mail you get from other banks to refi, while your trying to do a mod or avoid foreclosure? Where do they get that info?
I have the same question. I receive a lot of similar offers stating that they got it from the “public records”.
This is especially strange because nothing has been filed in the Clerk’s office.
Then, where from???
It is either coming from the banks themselves who have a fiduciary responsibility NOT to disclose your personal information, or the credit reporting agencies who are not allowed to allow access, disclose, or sell your personal credit information without your approval.
Tim, what steps may be appropriate now?
Also, if someone else is in the same situation in Florida, may we complain as “a class”, or better do it on the individual basis?
Tim, G-d bless you, your family, and all those who don’t give up fighting and defending.
It’s strange, this couple who just closed in October, and moved into the new house in March were contacted by phone by Mortgage Investors, The representative ask if he could come to their home and
explain to them why refinancing would be to their advantage. This is a brand new mortgage, and already they were being solicited, not through the mail, but via phone. Plus, since this was a VA loan, how did this company get their information. The VA does not give out that kind of information. And it was said the VA
gives them a current list of those who had used VA loans.
So where’s the wrinkle in this mess, and it’s there.
Banks to pay service members for improper foreclosures
2 lenders agree to $22 million settlement with 178 families who lost their homes in violation of U.S. law that was supposed to protect the military.
I am currently fighting a foreclosre case in Montgomery County Ohio. I have found out the bank (PNC Bank N. A. does not own my mortgage, filed a fraudulent note, used a robo-signer (Teresa S. Clopp) to file a fraudulent affidavit, and many other crimes. If I had committed the crimes I have proven in court that the bank has I would be in jail. The magistrate in my case refuse to rule and most of the motion I have filed and is trying to find a way to let the bank off the hook. I have done some investigating and found that they have been committing the same fraud for years. Using robo-signers Teresa Clopp, Mindy Mundy, and other funny names on documents. My case is currently in limbo with the magistrate refusing to rule. I hired a lawyer when it came time to depose the robo signer Teresa Clopp. We have subpoenaed her twice each time the bank has ignored our subpoenas. yes, the judge has let them get away with it!! So if anyone is in Ohio and reading these check your paperwork and keep fighting, I CERTAINLY WILL.
The Bank’s fraudulent actions are well documented in many State Courts, federal Courts and U.S. Attorney General Offices’ files and still nobody is stopping these banks to further victimize other people. It is a fact that for years Banks have used the so called robo-signers in fraudulent practices of foreclosure. My family and I among the many victims of Wells Fargo Bank’s fraudulent practices as, on August 8, 2011, our home was stolen from us by an act of “Fraud” by Wells Fargo Bank. Please, Go to:
http://www.change.org/petitions/the-president-of-the-united-states-to-call-for-a-full-investigation-on-wells-fargo-fraudulent-practices
And please help vote to investigate Wells Fargo’s fraudulent actions.
Thank you very much for your help!
Thomas Gage
Hi everyone,
I have a personal question.
I am based in New York and my mortgage is still under foreclosure which I am
battling from 2007 as fraud. The original note was with WaMu then after it went
bankrupt went to FDIC, then to Chase and finally Chase sold it to SBC, a hedge fund.
The note now has endorsements from WaMu to Chase to SBC. The lawyer of
SBC states that they have a power of attorney from FDIC.
My question is: Is the chain of the title broken?
Also does anyone know a good foreclosure lawyer in NYC since my lawyer isn;t
fighting hard?
Mike
Hi Mike, check the below like.
http://www.truthaboutloanmodification.net/court-stops-foreclosures-forces-loan-modification-agreements-cepersvid-41/
Tom
Hi,
I am in litigation with PNC also. I would like to coordinate with you and/or your attorneys.
Below is the text of an e-mail I sent. My PNC robo-signors are: Trisha Payton, Janet L. Deringer, and George P. Lane III .
Michael T. Pines
204 El Camino Real, Ste. 602E
Encinitas, Ca. 92024
Telephone: 760-518-5867
Facsimile: 760-301-0093
michaeltpines@gmail.com
February 4, 2012
Eddie R. Jimenez (ejimenez@piteduncan.com)
Chad L. Butler (cbutler@piteduncan.com)
Erin L. Laney (ELaney@piteduncan.com)
Pite Duncan, LLP 4375 Jutland Drive, Suite 200
P.O. Box 17933
San Diego, CA 92177-0933
Re: In Re Michael T. Pines
Case #10-00296 (RS-1)
Demand for Discovery re Motion For Relief From Stay
Dear Counsel:
I am going to serve notices of depositions initially for Trisha Payton the Declarant, Janet L. Deringer, the person who signed the “Certificate” you submitted to the court as the “Assistant Corporate Secretary of the PNC ….”, and George P. Lane III the “corporate secretary” who signed the other documents you submitted to the court. Please let me know if you will accept service by fax or e-mail. However, I am serving them regular mail on Monday, Feb. 6, 2012.
I would like to take these depositions prior to the hearing date on the motion, which is February 22, 2012. However, I can be flexible on dates and times. I also intend to video the depositions.
If they turn out to be “robo-signors” I will publish the information on the Internet. Please provide me with convenient dates and times. If they are not within a few hundred miles, I may associate counsel in the area where the work to physically attend and/or would be willing to do a telephone deposition.
Given the pending motion, your prompt attention is necessary. Please provide dates and times as soon as possible.
Sincerely,
/s/
Michael T. Pines
I am looking for a little assistance. While researching a case for a friend I came across some docs on Scribd posted by acfield and the profile says they are a follower of this site. The docs concern a Michele Sjolander rubber-stamping endorsements for Countrywide. If anyone knows acfield or if you have any info or docs from Michele Sjolander or Laurie Meder please drop me an e-mail vf2319@gmail.com
Thanks
Vince
Goi, thanks for the info. You implied in your first blog that Maher Soliman got thrown out of court, and then you said something entirely different in the 2nd blog…so now I’m confused.
From what I ‘ve read of Maher’s information, he has a very interesting plan of attack., albiet all the lender/servicer, depositor, feds, debt collectors, etc parties involved made it so so complicated (but don’t good crooks usually do that?).
It’s difficult for us normal people, who aren’t used to those big securitization words, GAAP rules and IRS regs to understand and comprehend.
Maybe that was your problem?
My best friend and I found that even attorneys (and for sure attorneys aren’t geniuses) don’t want to take the time to study, listen and learn. They’d rather just take the money and run till it runs out and then say, “well, if you aren’t making your payments, what do you expect?” or, “why would you want to save that house if your’e under water?” little do they realize, most of the folks DID try to make payments and were forced into foreclosure by the servicer’s ulterior motives of steal the $$, lie about a modification approval, misapply funds.
ATTNYS THEY JUST DON’T GET IT DO THEY?
I know my best friend just wants everything handed to her on a silver platte too, but Maher told her that she needs to study in order to be able to understand what really happened and not be stupid and go down the path of “they lost my note” or even call it “the loan” because he keeps saying the loan is GONE. So I’ve been helping her by us both reading and studying. She doesn’t even bother to google things on the computer. Go figure.
MAHER SOLIMAN is advertising on various website and blog sites he is an ‘expert witness’ for people in foreclosure
I paid him $5000 and he gave me a resume of his ‘qualifications’ and a list of foreclosure cases he had ‘testified’ in. I filed these into Federal Court to introduce him as an Expert Witness. There was a deadline for him to provide a narrative of ‘what’ he would be testifying about. He never provided it and we discovered his credentials are phony and the court case numbers were bogus. The FEDERAL JUDGE DISQUALIFIED HIM as an Expert Witness and threw him out of the case. He would not refund my money after demands. TOTAL PHONY….
I am sorry to hear about your pain with MAHER Soliman a few years back he w on talk shoe radio google it and get in touch with the show host and tell her because she was standing behind his bull fortunately I am a yankee and I beware of things that seem to goos to be true especially when being spoken a foregin language as he would try to convince people that he had this hidden knowledge that the banks were afraid of but would never speak of what it was in referance to
Im sorry for your pain,what I have found in foreclosure is to look up the court of appeal cases in your state and see what attorneys are winning cases in your state that may help you or that are similar to your circumstances some of the best legal aid attorneys are foreclosure advocates that know the ins and outs of the foreclosure mess
Hope it helped
Brian
Goi, I would very much like to see a case # for that Federal Judge case that threw him out because my best friend has been talking to Maher, too. From what he gave her to read and learn in her case with Countrywide (now B of A) it seemed like they lenders didn’t have a leg to stand on. But since he isn’t an attorney she said she has had to get an attorney to work with Maher and wants me to get my brother (who is a reputable attorney) to work with Maher…..so I’d like to see if I can head them off at the pass if he is a phony so both my brother and her don’t get burned. do you have any more particulars about what happened in court?
Simple stuff: I paid him $2500, his charge to ’1′ case against Suntrust (xfrg loan to Chase). He took my money and provided a bunch of confusing junk. I gave it to my paralegal, who said it was junk. I gave it to my attorney, said it as junk, and then to my ‘other’ attorney (I have ’2′ foreclosure cases ongoing), who said it was junk. Throughout the process of “I promise I’ll get you something after I reseach”, he offered to give me a narrative on my other case for ‘more money’ (CW xfrg to BofA case). Again, nothing but junk provided. I set up a mediation meeting with the Bank Asset Manager and their attorney, provided him the date/time/location of the meeting to ‘call in’ and negotiate with me. He agreed, but then did NOT call back (we called him 6x over a 2 hour period during the negotiation). I have several other (junk) items to provide and have contacted the DOJ and CA Attorney General.
Yeah, same experience with fee paid to Maher and only gobbledygook write-ups were provided by Maher. The crap could not be used by the attorney. I know of several others who got the same junk. He claimed he could file a whistle-blower case that we would get a share of. He never filed one to my knowledge. He kept claiming he needed to find a law firm that would represent him. Other whistle-blowers have managed to have insider cases heard already in the meanwhile.
Do not waste your TIME or your MONEY on Maher.
BTW, the gobbledygook he produces has chunks lifted from other peoples’ work that is available on the web. He makes a botched job of trying to slam the content together. It could even be that he is simply using a website ‘scraping’ tool.
I am searching for an attorney or group of attorneys that fight for the homewoner in the State of MD any suggestions??
Unfortunately, none in too many states and not enough in all states. They all want to represent the too big to fail banks. BoA has spent more than my house costs on not one, not two, not three but four law firms fighting me as one little pro se person. That’s how badly they want the house. It’s all too crazy for belief.
hello
it is all about economics. it has bee alleged in lawsuits against the banks in mississippi and other states that the banks are making huge profits from the bets against you to default on your mortgage. kentuckyforeclosuredefense.com talks about this in its brief filed against the banks in federal court in lexington ky. ms mckeever is the reponssible attorney. I have talked to her. the bottom line is that the banks make about ten times what your mortgage amount is when they take possession after foreclosure. and the law firms allegedly share in the profits. I am suing the banks for this practice under my fair housing act suit in HUD in region ten in seattle. as discriminatory under fair housing act of 1964 u.s.c 49 c.f.r. 150-200 .
they make more money on the foreclosure than to keep you in your home. this was all figured out by the banks before you even got your loan. in other words you were setup to fail allegedly. all of this is illegal but no one is complaining to their state and federal reps and senators. no one knows about this.
so if you mortgage is 100,000 dollars they make 1,000,000 on foreclosing from the derivatives and synthetic derivatives and hedge bets against you when you are foreclosed on. on to p of that they probably have your mortgage payments in the past or now going into their pockets under the veil of loss mitigation and paying their attorney fees out of your mortgage payments.
it is more complicated that this but that is the short overview.
please sign my petition to sechud donovan in washington a member of obama’s cabinet to stop these practices and shut them all down.
best regards please ask your friends and contacts to sign as well.
David
http://www.change.org/petitions/homeowners-discrimination-petititions-to-us-federal-govt-hud-agency-for-bank-restitution
Today there are competent attorneys in almost every state that are working with homeowners, even reopening closed cases, and sending these vermin running. It is sad that one section of society (MainStreet) has to fight to get the other section (Wall Street) to downsize, but if that is what it takes so be it.
Everyone unite and fight these “Greedy Bastards”
http://www.amazon.com/Greedy-Bastards-Corporate-Communists-Banksters/dp/1451642229
Does anyone have the site for a Foreclosure Trial and Sale in a Georgia Federal District case involving Bank of America and BAC fka Countrywide Home Loans? It also mentions Judges misconduct..
I have read most of these posts and none of them address the credit default swaps and bets and hedges owned by the banks that they cash in when a loan defaults and they take possession.
it is estimated that this amount of money is ten to one hundred times the mortgage amount and these bets and cds’s as they are called are owned allegedly by your lender and servicers.
we homeowners need to see the forest from the trees.
we are focused on our homes, the banks and servicers are focused on cashing in on trillions of dollars of credit default swaps. there is no regulation of this market by the states or the feds.
we all need to wake up. I have a petition before HUD SEC DONOVAN to ban this practice because it allegedly violates the Fair Housing Act of 1964 and 1986. I also have a civil rights case before SECHUD DONOVAN and believe me it is causing a big stir in HUD and my lender servicer. they just wrote me a new first trust loan that I didnt even apply for. so now I have two first trust allegedly first trust predatory loans.
I am not even allowed to know my mortgage balance and have no mortgage statements for either of the two first trust loans for the last previous 12 months from now to equal 24 missing mortgage statements. guess who my lender is. they foreclosed on 5,000 military familes and got fined $ 52 million by the feds for violating the service members civil relief act.
best regards
David
A.A., B.A., M.B.A., C.D.P., D.B.A.Candidate(Pending), DAVPRM(DOD), D.O.D./V.A./S.S.A. 100% Permanent and Total Disabled U.S. Navy/Cold War/Vietnam Era Veteran by VA & SSA(Adjudicated) DAVPRM E3/Midshipman, USNR/USN, USNA ’69, Annapolis, Md. National Security Agency, Ft. Meade, Md. ’63-’65, U.S.S. Drum SS 228, Silent Service, DE-680 Destroyer Escort, U.S.S. Loeser. Permanent Life Member of Disabled American Veterans & Vietnam Veterans of America, Member Uniformed Services Disabled and Retirees Veterans Association, http://www.usdr.org, Member of Veterans of Foreign Wars. In memory of Lt. Orrin F. Black, U.S.N. Retired & Deceased, WWII Combat Veteran Battle of Atlantic, U.S.N.A. class of ’31, Annapolis Md. (70199), Cdr. Richard O. Black, U.S.N. (ret & deceased) Class of ’57 U.S.N.A. Annapolis, MD. Vietnam ERA and Cold War Veteran, Sgt J.D. Black, U.S. Army/USAR Iraqi Freedom Combat Veteran, First Command Master Chief of the Navy Dilbert Black, E-10, U.S.Navy (retired, deceased), U.S. Supreme Court Justice Hugo Black, who taught me in his famous SCOTUS decisions and a distant cousin of mine, as a minority, Cherokee Indian and Disabled Veteran, studying and reading the law to become a lawyer in Virginia, about civil rights for EVERYBODY in the U.S.A.
http://www.change.org/petitions/homeowners-discrimination-petititions-to-us-federal-govt-hud-agency-for-bank-restitution
@david the problem about the cds’s is no one knows about them unless you are awake and have researched this for over 2 years. but if you are new at this hole situation there is no way to no any thing. we were left clueless throughout our lives about secutitization. there is a great analogy for cds’s in a you tube video called the zeigeist addendum. its about knowing your neighbors son in a pyro maniac so you buy fire insurance on your neighbors house give the kid the lighter. the house burns down and you collect. i live in florida wells fargo was my originator and became my sevicer somewhere unknown until i called in 2009 for help (loan closed in 2006) all of a sudden they are my servicer they dont own my loan and the investor did not apporve my hamp loan. i found all my mortgage paper work and noted the mortgage broker lied about my income. an amout that i would not notice but witha job loss would make it difficult to afford this house. in writing i have that wells fargo motgage broker put us in a sated income loan??? even though i have 19 years as an RN with were so high no one would get approved fo rmortgages and besides they were selling the loans so they were not losing anything. how sad for homeowners to find this out now. i sent paycheck stubs and 2 years of w2 forms yet was placed in a stated income loan because i did not qualify fo rhtis house. oh to bad for me there were 2500 homes for dale in this florida county i am sure i could have found a home that i could afford. i had perfect credit in the 760′s my husband was unemployed we were moving from south florida to tampa bay area so my husband get have employment. we did not ask to put right in the middle of this fraudclosure mess. i was extremley ready. the lis was filed 12/16 signed with the lawyer a few days later 12/23 and i was served 12/27. in the foreclosure complaint was my “note” the signiture was 2 fonts bigger then the signature on the mortgage. the signiture does not containe my middle intial where one can see my name typed with my middle initial and i signed the mortgage with my middle initial why a few seconds before or after would my signiture change so dramatically. then the note is endorsed with the rubber satmp signiture of joan m mills from wells fargo. how can a family be tossed right into the middle of this and be at risk for losing their home. wells fargo told us that to apply for a hamp loan we had to stop paying our mortgage how can a bankl you have a contract with and are trying to foreclose on you tell you to break the contract by not paying the mortgage. doesnt that null and void the contract.
hello
please sign my petition to Obama and SECHUD Shawn Donovan to stop all this fraud by these servicers and lenders. they are making money of this. up to ten times our mortgage amounts from derivates and hedge bets against us that we will default on our loans. all of this in my view in my cmplaint to hud in regin ten in seattle is a aviolatio of the fair housing act of 1964 and it provides restitution to we homeowners. I must be right because HUD is really giving me a hard time to see an Administrative law judge in hud about m ycase.
best regards
please click link below and sign electronically my petition.
http://www.change.org/petitions/homeowners-discrimination-petititions-to-us-federal-govt-hud-agency-for-bank-restitution
i signed the petition we can get this lawsuit through. this is just a horrible crime played on us. the new thing is that they changed the BK laws and deficiency judgement laws in time for this bubble to burst. i know alot of people who are short saling this year to escape a DEFICIENCY JUDGEMENT. this is terrible we did not ask for any of this to happen. so they take all the jobs, so we cant pay bills and need a bk, they try and steal our homes. TRY this chick aint letting anyone take my home. forged note and endorsement. wells fargo was hoping i was one of the unkowing i am not. the knowing peopel know this is all a scam. loans designed to fail. so sad my kids do not deserve this. homes needed to mortgaged to what people can afford not to default so the servicers can collect ist credit default swap insurance. doesnt this technically fall into insurance fraud?
1st false appraisals and mortgage application fraud to get us in the homes, then modification fraud to get us closer to default, then the ultimate scheme not to pay because we have to be in default to apply for hamp, then collecting the insurance on a defaulted mortgage that in all aspects is not defaulted because the homeowner asked for help. so we need to file suit for insurance fraud
RICO! Is this about a CRIMINAL NETWORK of SELF DEALING BANK LOAN OFFICERS/UNDERWRITERS (not ‘BANKS’), LOAN ORIGINATORS/BROKERS, Real Estate Brokers, AN INSIDE KING-PING?, VA LOAN GUARANTEE OFFICER? and a Protection racket POSING as LAWYERS?, A CRIMINAL RACKET that has here to fore been well concealed? If so, only to be exposed by the VA LOAN GATE? The VA Loan Guarantee Office is NOT a BANK, or the FDIC or Fannie Mae, or Freddie Mac. It is constructed differently. Thus, it takes a BRAZEN and very CONFIDENT and well organised criminal racket to conceal this type activity over time. Necessarily, it must be ‘go to the top’ of the judicial system, to cover up any leaks as they occur. The ramifications of this VA-GATE, to the lives of everyday Americans, especially in Georgians are unfathomable! How high and deep must the machine of corruption go to sustain such a BEAST? The VA Loan Guarantee officer swears an Oath to the USA not some inside operatives at BOA! RICO PROSECUTE THE ATLANTA VA LOAN GUARANTEE OFFICER! How/Why hasn’t the Atlanta VA loan guarantee officer NOT been prosecuted? Who is his LAWYER????? The answer to that question may be the key to unlock the box from HELL!
WE ARE A GROUP DEDICATED TO RESEARCHING, ANALYZING, REPORTING, EXPOSING, and DEBUNKING. WE ARE DEMANDING THE PROSECUTION OF A (now apparent & HERETOFORE) well concealed organized TREASON emanating from a ROGUE ‘CLIQUE’ operating from within the Atlanta Veterans Administration Loan Guarantee office. The VA Loan guarantee officer SWEARS AN OATH OF OFFICE to the USA not BOA! He is NOT a BANKER, and the VA is NOT a BANK! This is a sacred trust that the USA has with its veterans and taxpayers. Its VERY different in ALL respects to the FDIC, SEC, FANNIE MAE, FREDDIE MAC, at every level. DOJ: FOLLOW THE MONEY! WHY WOULDN’T/DIDN’T YOU? THE VA LOAN GUARANTEE OFFICER IS A GOVERNMENT EMPLOYEE! NOT LIKE FDIC AND FANNIE MAE AND FREDDIE MAC EMPLOYEES WHO NOT GOVT EMPLOYEES! SO WHAT IS GOING ON THAT THIS WE CASE WAS FILED IN 2006! 5 YEARS IS A LONG TIME TO COVER UP MAJOR CRIMES! FAILURE TO PROSECUTE IS TO BECOME AN ACCESSORY AFTER THE FACT! How can it be stated that this case was investigated since 2006, yet they do not know how much money was stolen? Can it be then understood they do not know to whom it went? WHAT GIVES!? The DOJ claims to know little of this case! Yet they have had since 2006 to decide not to prosecute based upon INVESTIGATION?.WHO INVESTIGATED THIS CASE? There has been too many years to implement a COVER-U , OBSTRUCTION OF JUSTICE. Why wait until 2011 to unseal the 2nd AMENDED Complaint! Money laundering and tax evasion on a massive scale. IMHO. “God help any bank that takes this case to trial,” Burns said. “A jury’s only question is going to be ‘how much do they have?’ ” – Damn RIGHT Mr. Burns! We DEMAND a CRIMINAL TRIAL on behalf of EVERY American Veteran and Taxpayer! It would APPARENTLY seem that this case is more likely about a racketeering enterprise involving the VA Loan Guarantee officer in Atlanta Decatur GA, high powered attorneys in Atlanta (Decatur-Dekalb County, GA), loan officers at banks, and loan brokers.case Why doesn’t the DOJ want to FOLLOW THE MONEY and recover the stolen funds for return to the US tax coffers? Why allow a law firm to handle such a Federal Criminal case. This really is serious. We all must demand that this case be prosecuted by the DOJ and we must get answers. Lawyers cannot be expected to put fellow lawyers in the cross-hairs of the Federal Govt! Its not right to expect them to do it! They would protect the lawyers. So if the lawyers are part of the racket, it would seem to make it impossible to get this case investigated! A lawyer involved in Federal Crime is not involved in state licensing ethics issues, or state legal issues.A lawyer involved in Federal Racketeering is a RACKETEER operating UNDER COVER OF A LAW LICENSE, thus he is not a lawyer at all in this regard. Only operating UNDER COVER OF LAWYER! Thus this APPARENT RICO CASE MUST BE PROSECUTED BY THE FEDS! None of this makes sense no matter how its looked at! This case MAY be the NEXUS that can break the grip of the Mortgage Fraud Racket. We need to demand that the ORIGINAL and 1st Amended Complaints be released! This is a different beast then Fannie Mae or Freddie Mac or the FDIC. Far different. IMHO http://deadlyclear.wordpress.com/2011/11/26/1448/ http://www.washingtonpost.com/politics/suit-alleges-banks-and-mortgage-c... – PROSECUTE THE ATLANTA VETERANS ADMINISTRATION LOAN GUARANTEE OFFICER! http://4closurefraud.org/2011/10/05/unsealed-complaint-wells-fargo-bank-of-america-j-p-morgan-chase-and-gmac-mortgage-engaged-in-a-brazen-scheme-to-defraud-our-nations-veterans/
CHAPTER I: DEPARTMENT OF VETERANS AFFAIRS Part 0: Standards of ethical conduct and related responsibilities http://cfr.vlex.com/source/code-federal-regulations-pensions-bonuses-veterans-relief-1087
http://www.mbac.org/cms_bwm/uploads/78.pdf
Wells Fargo Home Mortgage is a criminal enterprise therefore all debts owed to them including my mortgage is null and void. Think about that!
On Dec. 9, the court of appeals ruled in my favor setting aside judgment of foreclosure and sale of my home on a procedural issue (default judgment where there was no default). Less than two weeks later, I received a notice of default letter from Ocwen attempting to re-start the whole foreclosure process. Problem is that the foreclosure case is still active, with no further proceedings having been started since the court of appeals opinion was handed down remanding for further action. Isn’t this action by Ocwen a violation of the Fair Debt Collections Practices Act, harassing me with starting over when the first action is still going on?
I agree!!! they are the worst! They stole everything from me and I am going to stop it!!
Here is a video of Steve Mnuchin – the Chairmam of OneWest Bank. All OneWest execs need to go to prison for wrongfully foreclosing on Americans!!!
Here is the video where he speaks:
http://pricesignals.blogspot.com/2011/12/interview-with-steve-mnuchin-of-onewest.html
Watch this video by an NY attorney that discusses a recent development about how courts are requiring the banks and their attorneys affidavits confirming that the foreclosure is NOT a defective foreclosure before commencing foreclosure proceedings. Interesting.
Here is the link: http://tinyurl.com/7v9kz5e
We have to keep on fighting this fraud and crime!!!
I find very few reasons to agree with the so-called “Tea Party” gang, but in this case, count me in. Governmental agencies that are designed to regulate, in too many cases, either are lagging in handling complaints or not handling them at all. They are not regulating.! That means that many of government’s employees, federal, state or local, are being paid to deflect, confuse or to make simple cases complicated, without providing aid and assistance to taxpayers and consumers. Take the Department of Labor, for example. You look on the Employee Benefit Security Administration (EBSA), website, and what you see are announcements of investigations they’ve conducted, new enforcement programs they’re starting up, or companies they’ve sued, followed by not so glowing results. On their website is a page for filing complaints, reporting a problem or asking questions. Try filing a complaint and see where it gets you. Shifted from one division to another, which ends back where you started. Write to the Seretary of Labor or the IRS Commissioner, as I have, and you get no response. Nothing! The Internal Revenue Service is supposed to investigate and take action against mortgage lenders who make money from refinancing mortgage loans or pay taxes. But so far, reported and acknowledged fraud among these lenders is on the shelf. Meanwhile, you and I, who have made claims, filed complaints, or sought help, are frozen out. I’m sure 4closurefraud.org knows exactly what I mean. We have no regulation, either of employee pensions, mortgages or loans, nothing, nada. Finally, as the Greenlining Coalition has acknowledged; if the IRS provided the response to yours and my claims for Mortgage Debt refunds, we would have no mortgage crisis. You and I wouldn’t be paying more for our homes than they are worth. Fraud causes this you know, along with government complicity and thus, acquiescence. As host of harperenterprize.com, and as a taxpayer, homeowner and consumer, I will be working alongside web hosts and others who want to expose this lack of regulation, and establish an effective regulatory force. First, make these agencies justify every penny they get in budget allocations; Zero-based budgeting. If they can’t, dissolve the agency, or exclude the excess. Time for an overhaul.
Wendell, you are right on the mark. While relying on the so called consent Order from the Comptroller, I sent a complaint and supporting documents against JPMorgan Chase Bank and how the bank was about the business of fraudulently foreclosing my mortgage and my home. My complaint was sent to the Comptroller’s customer service. When that happened instead of being referred to an investigate or enforcement arm of the agency, I knew then that my complaint was destined for the land of thanks for coming it file maintained by an agency that decides not to get involved with a citizen and his or her complaint. Sure enough about three months later, my thanks for coming in letter arrived. But the United States of America’s resourses in place to protect its citizens is even more egregious than agenices. It extends to courts. I can attest first hand based on my experiences with courts, that judges presiding over them see no duty to protect citizens who come before them. Judges resolve cases based on their personal ideology and views having nothing to do with the law. Attorneys accept such conduct for fear of retaliation by all judges before whom they make their living while pro per litigants are without recourse because our society trusts the courts and is with the general view pro per litigants are not sophisticated in the law. I have a proof positive case against four judges of the United States Court based on claims of fraud upon the federal court based on judicial misconduct by federal judges. The Case is under Williams et al vs. JPMorgan Chase Bank et al. USDC Nev. 2:10-00118-PMP-PAL. The federal judge who is taking senior status in a matter of days made a fraudulent Order authorizing Chase Bank to subject me to a foreclosure. After noting that there were no mortgage instruments presented by Chase Bank in my case period much less that authorizes Chase to foreclose my mortgage, the federal judge order simply includes wording authorizing Chase Bank to foreclose my mortgage without the mortgage or any other instrument whatsoever. When I brought the matter before the federal appeals court and apparently motivated by maintain the integrity and reputation of the trial judge, the appeals court three judge panel dismissed my appeal while covering up the Record of evidence showing the false and fraudulent order and the Record showing how the judge had mismanaged my case. Because my wife and I are ordinary citizens, we have not been able to get a response from a state or a federal agency – including the United States Department of Justice or the FBI. Chase Bank is openly and notoriously about the task of defrauding us of our home – doing so with the confidence that in America corporations rule. Washington Mutual Bank who apparently mismanaged my note was my lender, while the Record shows JPMorgan Chase Bank having nothing whatsoever to do with my note. A bank should not be able to enforce a foreclosure without the note or any other documents establishing a bank’s involvement with a note. But this is the case here. We fight on but this nation of laws has shown more to be a lawless nation, White collar crimes are more egregious than other crimes. They usually involve a much higher property value and often times leaves victims with no avenue of restitution. Yea, the white collar criminal sometimes is jailed, but the victim is left pennyless, We, the citizens being duped by the US system(s) of justice need to come together to create straw agences, much like the British has in place a straw government. Citizens with knowledge to do so in each of the respective fields should operate under straw agency counterparts to each and every federal agency, yes, including the courts. Private concerns such as the ACLU should provide a legal arm of the straw agencies created by citizens. Funds to facilitate all of this should come out of our pockets and any trust, endowment or grant that is out there. Right now citizens without counsel and sometimes even with counsel have no recourse when an agency or a court decides against enforcing a citizen’s right. There is so much corruption on the civil judicial process that it is no doubt in my mind that is spills over into the criminal judicial process. My personal experiences before state and federal courts are so extensive that I can, and if the LORD lets me live long enough, write a book. The book I intend to write won’t change the corruption taking place within courts or agencies of the country, but it may serve to notice citizens what to expect and how to mitigate fundamental violations of their rights as they seek redress and remedy from courts or agencies. I can independently be reached at rnwil3@aol.com. I am not kidding about citizen straw components if we are to ever be able to secure any kind of consistant justice. As I heard before, the United States of America is truly rapidly being converted into The United Corporations of America protected by America’s courts. Citizen United only scratches the surface.
I have an attorney in Minneapolis that will depose Joan M. Mills of Wells Fargo. She is a rubber-stamp-wielding robo-hobo endorsed-in-blank vixen. Seeking participants to defray the costs ($600-700). contact me at usedkarguy@yahoo.com and I will give you the attorney info to make your contribution. Put MILLS/DEPO/4FRAUD in your subject line. Once she is deposed, we can put it on SCRIBD for everyone to use (like the Jeffrey Stephan depo). Thanks all, RPR
One way to tie up lenders: If you are a borrower, file a 3949 form for “failure to report”. Mortgage Lenders, whether banks or otherwise, have not reported the income they received on mortgage loans or that have been refinanced, new homes purchased, or home equity loans. All lenders are required to report this income and to pay the taxes. If you have refinanced or taken out a loan, doesn’t matter whether it’s past the statute of limitations; what matters is that these lenders have not reported the loan amounts, the prepayment rider, points or other fees they received from the transaction. If you file a 1040x, or amended return, even when the lender is foreclosing, you will have a legitimate claim for all the loans you refinanced or took out. Try it and see.
Wendell, The banks and mortgage lenders do NOT LOAN a home borrower any money, because the Federal Banking Law prohibits the bank from loaning their money or credit or loaning any of their depositor’s account money so where do you think the mortgage Lender or Banks get the money to loan you? These so called mortgage lenders and banks get the money in the form of a FREE loan to them by your debt signature on the promissory note when they stamp an illegal allonge or alteration on your promissory note that turns your signatured note into a check and the lender or bank endorses your promissory note. You just gave them the FREE LOAN and the lender or bank gives it back to you as a loan so they do not have to pay Federal Income Taxes on the money you unknowingly, without authorization, and undisclosed by the mortgage lender or bank lent them. Read more at 1RealEstateHomes.com. So all the money including principal and interest that you have paid on your ‘mortgage loan’ is tax free to them. Are you going to let the banks and lenders get away with this fraud?
Besides New York, does anyone know of any other state(s) that is eliminating an unsecured second mortgage in a chapter 7 bankruptcy..?
chapter 13 allows second trust lien to be stripped in bankruptcy in all states perhaps but in oregon and washington state for sure. http://www.olsendaines.com has more info on that.
David
Anybody have more information or documents regarding PHH in the State of Florida? Specifically looking for cases involving Shapiro & Fishman and their use of affidavits and notaries. Thankyou in advance for any additional leads. I am tracking several former employees which are starting to talk given their fear of depositions and such.
where do we send this information Scott? Please post addy
cant wait to read what the former employees are saying? are you going to post it? where can we send information to you on cases of fraud by shapiro and fishman and BAC/BofA?
I have a DOT with a loan number typed in and signed by me. Four days after it was signed the bank hand wrote on the DOT a DIFFERENT ACCOUNT NUMBER on the first page. The bank then recorded the document and the original was sent to a title company in FL. Not where the banks home office is located.
This was a HELOC and no money was ever loaned on the original account number however, all transactions and money were referenced by the hand written account number.
I am in court trying to prove that changing the account number is not legal (no notice and I did not realize it had been changed until after a foreclosure). All foreclosure documents and money refer to this second number. Nothing refers to the original account that is on all documents that I signed. I never signed any documents with the second account number.
It seems that this would be a material alteration of the DOT and or that the second account number was not secured by the DOT or note.
Is that the only grounds that you have because its similar to my case it appears that when the loan is being service is has a different number for some reason.
This was one area I thought was huge. I understand that it also means when the loan has been sold another number appears to collect again.
Also my DOT did not have a tenant in suffrage clause, which does not allow them to evict. Most DOT do have that clause on default.
My August 2007 FHA/HUD loan was with Lend America,then sold to Wells Fargo before first payment went out,found out 7 months later after purchase of home that the Appraisel was never finished on home,cause of no entrance to attic and no ventilation to attic.And in seller discloser they stated that Home was Contructed on site in 1988,but found out that the Home was Manufactured in 1981 and moved on site in 1988.The entrance to Attic was sealed off by seller to help hide the fact that their is structural damage and leakage and that it was a manufactured home.My Real Estate Agent was also working with seller of home in which they call it ” Dual Agent ‘. I have contact F.B.I. & Pa Enforcement & Investigations,and NO charges were put against these Criminal Act of Fraud.I had ask for legal Aid and was told that they were NOT permitted to litigate in these matters.now my Home Foreclosed on has been sold back to the Bank in Sheriff sale and I am being Evicted. How do I fight Fraudulent Activity without any Legal Reprentation ?
Click to read Grand Jury Transcripts of Gary Trafford and Geraldine Sheppard of Lender Processing Services in Nevada Foreclosure Fraud Case
The email came to me for this, but every link on it sends me to nowhere. Are they messing with your site again?
http://www.cbsnews.com/video/watch/?id=7390540n&tag=contentBody;storyMediaBox
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Prosecuting Wall Street, pt. 1
http://www.cbsnews.com/video/watch/?id=7390542n&tag=contentBody;storyMediaBox
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Prosecuting Wall Street, pt. 2
Just got a California Trustee’s Sale notice from MERS for American Brokers Conduit . . . anyone know of 9th Circuit or California authority discrediting MERS as a servicer and does anyone know anything about American Brokers Conduit? They seem to be defunct. Thanks for the assistance.
Try in re walker v. Citibank BK case.
BofA is supposed to tell me exactly where my note is if I send a QWR right? RIGHT??? Because they’re saying they don’t have to (“your loan documents do not provide for such an inspection.”) Sounds like bullsh*t to me. We signed a mortgage with them, so they’re responsible, RIGHT?
I had to fight them because they only sent closing documents in response to my QWR. I complained formally to the OCC. Then I get letters from the “Office of the CEO and President” saying they have 60 days under RESPA when in reality it was amended to 30 days. I formally complained again to the OCC to let them know BofA was trying to pull a fast one. BofA responded AGAIN with only closing documents and gave me that “we don’t have to tell you this because your loan dox do not provide for such an inspection” line.
They say that FHLMC (Freddie Mac) owns my mortgage. How is that possible when it’s been transferred to MERS by public record? It’s bullsh*t is what it is. They don’t know where the note is, and Freddie Mac is merely the insurer. I want to know how my mortgage was securitized, because it was transferred to Countrywide and I am SURE they slopped chopped diced and sliced it up, and I want to know exactly WHO “invested” in my loan.
Any advice is greatly appreciated as I would love love love love love to take ‘em for quiet title but I just don’t know at what point I’ll have the grounds to do so. More formal complaints to the OCC requesting specifically my note? I know I could take ‘em to court for lack of response to my QWR.
I’m receiving the same run around…it’s been over 4 months with no response to a QWR. So, I sent another in depth detailed sheet to them…and now it’s been 2 months with no reply. My loan was originated by American Home Mortgage and I know which trust it went into, found the PSA using the EDGAR website. BOA can show up in court and produce fraudulent assignee docs or they can “Pound Sand” ala Justice Page.
Depending on your states laws (judicial vs non-judicial) you may have to drag them into bankruptcy court and have them produce all the documents, PSA, assignments…and then you’ll have them.
Keep up the fight! also…read Bill Butler’s article: http://www.marketoracle.co.uk/Article31789.html
**Anyone who is working in Virginia with any success, please reply….I’m searching for additional causes of actions and strategies to thwart these thieves.
wow so you found your PSA! is it possible for an average person like me to do the same?
i am in a judicial state. i feel that because of the bank’s crap responses/blatant lies made to me, there’s no reason why i shouldn’t be concerned about my note and chain of title having been broken. my concern only grows with each day’s new lawsuit.
if it’s been so long and you’ve not heard a response from the bank, you should definitely file a formal complaint with the Office of the Comptroller of the Currency here: http://www.helpwithmybank.gov/
filling out the online form is very easy. you have 45 minutes or so to fill it out. so that i didn’t run out of time, i drafted my letter and pasted it into the form. be careful as I think there’s a character limit (though i had SO many more words to include
they’ll assign you a number and you *may* get a better response! don’t even give them another copy of the QWR as you’ve sent it twice. if the bank gets back to you and gives you some “we have 60 days” BS, just fax another letter to the OCC, include your case # big and bold, and let them know that the bank isn’t playing by the rules 
go into mers and find out who the investor is. mers.org and have your mers number. then find out who your trustee is that is overseeing your loan. write the trustee and demand the trustee reports . in other words follow the money. and find out how many times they sliced up your mortgage. federal law required them to have your note and deed of trust i ntheir vault at all times. the original blue ink docs that you signed. I have heard from oregon attorney general bof a has been forging documents like the deed of trust and promissory notes and loan docs since they dont have them in the first place. I think the FTC or federal reserve and the new u.s.consumer financial protection agency in d.c. under richard cordary former ohio ag has the authority to compel them to answer you . his website for the agency is on the internet.
best regards
DAvid
http://www.bloomberg.com/news/2011-11-28/secret-fed-loans-undisclosed-to-congress-gave-banks-13-billion-in-income.html
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Secret Fed Loans Gave U.S. Banks Undisclosed $13B
I purchased my condo in September of 2006. It was an ACORN Loan w/ BOA; minimal down payment and interest only for years 1-10 and a normal 30 year fixed at 6.5% years 11-40. I made 15K in improvements and I could easily add another 30K. But when the market bubble popped any more money spent may as well be flushed down the toilet. I am currently 50K underwater, more if you include the money i spent on improvemtents but I am current with my payments. I attempted a short sale and I thought we had it in the bag. I had a fair offer and I was ready to learn from this horrible experience and get on with my life. All indications from BOA were positive. In the final week before the closing the INVESTOR (BANA LAS HFI 1st LIEN) nixed the deal saying i did not have a hardship. Hardships are relative to individual circumstances. I have no incentive to perform the necessary repairs and any further improvements to the property. I can not make the property cash flow. It is a huge albatross around my neck. BOA and BANA LAS HFI 1st LIEN have placed me in a position where difficult choices are necessary. At this point I am inclined to strategically default. This is my first experience buying a home and I seriously doubt that I will ever do it again. For me renting is far more attractive and certainly less stressful. My faith in our government, Wall Street, the Banking Industry and our elected officials is non-existant. Their greed and failure to conduct business in an ethical manner has placed good people in this unfortunate position. Normally I would honor my financial comittments. At this time I feel no guilt or remorse in walking away. I, like so many, walked unsuspecting into this nightmare.
Steve, Do you have any additional information regarding this investor?
Thanks, Kevin
I am currently fighting a foreclosure here in Colorado and need case studies from anyone in Colorado that have been Successful with fighting MERS and secularization issue foreclosures. Colorado is the Worst in the nation
for standing up for the homeowners. Please I need any case studies as soon as possible. Thank you.
I am in the same boat please e-mail me to discuss
I am in Colorado also
Clearly chase and the rest of these banks still can’t be trusted. It’s all a big joke to them. They are ignoring the law, and lying about changing their illegal tactics. They broke the contract with the government and just took our money and said screw americans, the government and america! Any judge who still ignores these facts is not fit to be a judge. I personally would be outraged as a judge for the lack of respect and the mockery they are making of our legal system. How dare these arrogant bastards piss on america and then try to tell us it’s just rain. A judge who allows this conduct to continue should be held liable for aiding and abetting and charged with treason. How much longer is our government and our so called regulatory agencies going to let these criminals make them look like weak scared idiots? To us and the rest of world! What lack of respect and nerve these people have. Committing fraud on the courts to steal our homes and rob us blind while our families and friends over seas sacrifice their lives for us, them, and this country! And then spit and piss in our faces for it. UNREAL!
Judge Phillip Pro, United States District Judge for the Nevada District.
About two weeks ago, I presented the 9th Circuit Court a complaint of judicial misconduct against the above identified judge. Its kind of a long story but I will make it short here. I sued Chase Bank, our trustee company and a law firm and employments for subjecting us to fraudulent foreclosure practices constituting fraud and also violations of several sections of the Fair Debt Collection Practices Act. The gist of our lawsuit was that Chase Bank could not enforce our mortgage note and trust deed for not being our lender and for not having possession of any mortgage instruments whatsoever (note, trust deed, assignment or servicing contract) establishing standing to enforce our note, subjecting us to foreclosure. What did Judge Pro do? He simply engaged in conduct proscribed under the HOBBS ACT by making an Order that provides Chase Bank an ARTIFICE they could use to continue to extort monies from us under color of our note and deed of trust, While the Order (falsely) reads that under the terms of our loan Chase Bank can collect payments and pursue foreclosure of our home, there are no loan documents in the federal Record providing this. Judge Pro unbelievably made an Order that stands alone as authority Chase Bank could rely to subject us to foreclosure. Fortunately the state of Nevada did better. Because effective October 1, 2011, a foreclosing entity is required to FILE documents properly endorse and showing chain of legal title authorizing a foreclosure. It is not by happenstance that on October 1, 2011, foreclosures were reduced over 50%. Two more things: Judges are public employees who rely on mortgage backed securities and other such securities to maintain their pension accounts in the black. Need I say more? It was reported that 80% of the houses now owned by foreclosing banks remain vacant. In order for a real estate transaction to be completed the seller must qualify the house for title insurance. Wonder why the houses remain not sold? Anyone knowing a lawyer who would like to come on board with is please contact us at 702 270-9937. We did everything in our federal case in pro per. We have a comprehensive and compelling record of document evidence that remains a public record under our federal action. It presents a roadmap to liability under a host of legal theories – including the Racketeer Organizations Corrupt Act. (RICO)
Who Owns Your Home?
http://www.8newsnow.com/story/16071159/desert-underwater-who-owns-your-home
Do you know how many foreclosures have been made by the following banks:
Wells Fargo
Bank of America
Citi Bank
JP Morgan Chase
Thanks!
Go to your local Sheriff Sale page and you can start getting an idea of what is happening. My own home is in action with Wells Fargo right now, so I check my county page every day.
Trial for Eviction for forclosure imminent (Fr9), Have Forensic Audit concluding Loan Was Fraudulent, maileddemand letter to lender who did not respond in timely manner, finished w eviction lawyer procedings, what if any options to stay in home6197503838
you can file a ADVERSE POSESSION, with your county assesors office aqnd make it a part of your property ID
Looking for Georgia foreclosure mortgage defense attorney NOW.
Got an attorney for you ….. contact me at forensicforeclosureauditors@gmail.com. These attorneys know what they are doing. It does cost but let me tell you I am working with them now on my house and they mean business. I am going on 5 months without having to pay and still have not received a foreclosure sale date. They are still working on my case but I am happy with the results so far. Now understand there are NO GUARANTEES as with anything but you have to just be prepared to fight. Just be resolved as I always say with the wort case scenario – you can either walk away or file bankruptcy. If you are resolved with that being the worst case scenario; than you are ready to fight for you home. YOU CANNOT BE SCARED!!! That is what they want you to feel. You have to be strong, courageous and stand up for your rights!!!! That is what I decided to do and that is what I am doing. These lawyers work in all 50 states. But the cost to me is low….and worth every bit.
Hi D. Perry.. I have been a victim of a balloon plan that has exhausted all my savings. My payments started at $900.00 per month in 2004. Now I am at $2,200.00 per month and its steadily going up.. I am about to lose my home of 16 years and I really do not know what to do. I think I have a pretty solid case, especially that I have signed the loan in 2004 for a fixed 5% rate. My loan started at $175,000.00 in 2004. In seven and a half years I payed the bank more than $110,000.00. Do you know how much I owe them now?? $178,000.00.. That is not fair. Now they are threatining for forclosure. Please help. http://www.prestige.fashions@hotmail.com
Got a notice from Wells Fargo a week ago..(we have been late on payments but making them…) they want to refinance etc…and offered to do so in this letter…..what should be our first move be (in DFW/Denton Texas area)? Anybody suggest a lawyer? I was just told about this site by a friend…SCARY stuff!!! What have I been working foor all these years?!? I only gave these folks money to get a note at the end…and now there might not be a note to have?!?! Fraud in the enducement?
The above federal statutes provides you the right to direct a letter to Wells Fargo demanding any information you may require concerning your mortgage and mortgage account. The Act requires a response by the bank to your letter within twenty days. The Bank also should be able to provide you a certified copy showing that they are either in possession of your note or is the duly representative of the person(s) or entities possessing your note, thus the right to enforce it. The most important document – particularly if Wells Fargo was not your original lender – are documents showing/providing a valid transfer of the note/mortgage but also that demonstrates the precise reason for the transfer – i.e. sales transaction, transfer of serving. Your state has its own version of the Uniform Commercial Code as does most all states. The Code codified under Texas statutes, dictates precisely the steps taken for a note and its benefits to be transfered. The paperwork in the possession of Wells Fargo must have been executed, transfered, etc. precisely in accordance with Texas Law – the codification of the Uniform Commercial Code. We are a couple who has proved not only JPMorgan Chase Bank as subjecting us to fraudulent foreclosure practices, but have also since proved that the federal courts adjudicating our claims – trial and appellate – as being complicit in the fraud. The problem is that the powers that be that the law provides us to go to simply won’t respond to our claims against a major bank, Judge Phillip Pro – a judge for the Nevada district court, or the 9th Circuit panel that covered up the judge’s conduct. I am poised to file a RICO complaint against not only Chase and its lawyers, but that also includes Judge Pro. As you can tell, my two and a half year efforts to vindicate our rights has taught me much. My Case is under Ronald Williams and Jann G. Williams vs JPMorgan Chase Bank, Chase Home Finance, California Reconveyance Company, The Cooper Castle Law Firm (and two individual employees – one from the bank and one from the law firm) USDC, Nev. 2:10-cv-00118 PMP and USDCA 9th Cir. 10-16102. On October 16, 2011 in an effort to nullify the cover up by the 9th Circuit of Judge Pro’s Order based on fraud, we filed a Rehearing Petition with the 9th Circuit that is pending. Another distressing point. Being a person with a 4 year degree in Political Science, I have always held the belief that Republican appointed judges leaned towards corporations over people and the opposite as it pertains to Democrats. That is until the 9th Circuit’s recent disposition of my Case. The Record partially set out by my rehearing petition shows three Clinton appointees of the 9th Circuit’s total and complete misapplication of the law – all for the purpose of shielding Judge Pro and JPMorgan Chase Bank from their fraudulent conduct. I can say all that I am saying regarding the judge and the bank because I have concrete evidence that in the form of the Record of my federal action. We are vigorously trying to shop our federal record to each and every agency – state and federal – to achieve vindication. I have drafted a comprehensive complaint under the RICO that identifies Judge Phillip Pro as an Associate In Fact who by his Order dated April 5, 2010, engaged in the last predicate act in furtherance of the fraudulent scheme (“Enterprise”) of the fraudulent takeover of our note and deed of trust by JPMorgan Chase Bank, commencing on October 10, 2009. Our complaint cannot be more emphatic and with more evidence than ours. The problem is our status as being ordinary citizens. The Wall Street and other sitins nationwide precisely respond to what is currently happening to us in our case: In broad daylight and supported by a Record for all to see: a major bank and federal court judges engaging in acts to facilitate the fraudulent taking of our house. Thus far, we have not been able to get anyone or agency to do anything about it. We are at rnwil3@AOL.COM. My RICO complaint while citing the federal Record as proof, is available for transmission to anyone or agency interested. 702 270-9937. Publicity appears to be the only avenue left to us.
Hi Mike…..I am a fellow Texan as well and the same thing happened to me but since I have educated myself so much with all of this fraud I decided to get a forensic audit done regarding my house. It was done through legal specialists and after getting the results of the forensic audit back….it was just as I figured from all the research I was able to do on my own…. the information I found on my house was on the audit and then some. After the lawyer went over what was on my forensic audit, my husband and I decided to fight back..:) We call it OCCUPY HOMEOWNER FORECLOSURE FRAUD. This is our way of fighting the banks by taking them to court. The lawyer for us is reasonable and we have not paid a house payment for4 months and the servicer has yet to send a foreclosure notice. Right now they have to show and prove. However, if they take too much longer it will be going to court according to our attorney. The funny thing about our situation is that this company had a cease and decease in California, Oregon and Georgia….. That is what I found out through my research. You have to make the decision you are comfortable with……some people want to fight but get scared and given in…. WE ARE DETERMINED TO FIGHT!!!!! You have to think about what is the worse that could happen either you walk away or file bankruptcy. If you are OK with that resolve than you are ready to fight. If you are ready to fight than I will be happy to give you the information of the people who are helping us. I am very pleased with what they have done so far. We were going to go Pro Se, however, we have so much information and proof on how the judges here in Texas are paid off and corrupt that we decided to fight with an attorney.
D. Perry, curious what company you are taking about that was told to cease and desist in Oregon, California and Georgia. I live in Oregon and I haven’t heard of any lenders, servicers, collectors etc. with a cease and desist order here.
were are you in texas
To Elizabeth…..I live in Sugar Land, Texas.
To fraudstop….. The company is one in the same they are NAD Acquisition 3 aka National Asset Direct Acquisition 3. They are also dba iServe Servicing Inc. the link to the cease and desist in Oregon is listed below…hope you can open it…….
OREGON – http://dfcs.oregon.gov/securities/enf/orders/M-09-0029-35.pdf
Hi D…. Have a dear friend facing foreclosure here in Texas. Please keep
us informed of your case.. She can’t afford an attorney. Thanks, Paddy
nrgymed@aol.com
Can you please send any contact info for the specialists that performed the forensic audit ? Also, if possible can I ask for the attorney’s name. Truly appreciate the assistance.
Many Thanks
Be careful Mike….I had a friend almost lose his home because he accepted a lower payment program from BOA, a year in they yanked him from it though he never missed a payment, demanded all the “arrears” of the difference in payment then filed for foreclosure because he didn’t have the ability to pay it all back immediately!!
@Elizabeth In Denton TX.
I am looking for a notary public Erika Reyes who’s commission # was 1455401 and expired 12/09/07
I think she was a new century or home 123 employee. I heard that anything these people notarized broke the CA notary law (they didn’t keep logs) and the assignments they notarized are void. I just had a mortgage assignment show up in my registry of deeds a few days ago that looks fishy and was made by the Richmond Monroe Group. It states that my loan went from home 123 straight into a scrutinized trust on 8/4/05. Any help please email me at : aladdin786@comcast.net
We began to take on MERS as’ nominee’ for Fremont Investment and Loan, in a Servicing and pooling agreement via CitiGroup (dated 5 mo after house note, and exists no where in my note). Changed lenders via a blank, except for the undated, not numbered, non-notarized, random signature page. Supposedly signed by a Steven K. Patton, Sr. ‘VP of MERS’- to HSBC But wait! First it went through Wells Fargo, while being ‘serviced’ by Litton, who was named as the ‘lender’ in some of my documents. The battle for the house started in ’08-just after filing CH13, just before they began to try to foreclose. Just as my husband went to Iraq, to work for a giant Department of Defense company – the only work to be found when our 20 yr old electrical business bit the dust.
Well, since he was making a good salary – working in a war zone, dressed in protective gear, half a world away, at 120 degrees…it seemed like a good way to “put away some money” at the time….Enter “The Re-payment Plan”, to qualify us for a modification – $4550/mo for 23 months on an $1800/mo note because of fees, penalties and figured in Payment Pyramiding. Loan loaded with masses of violations and blatantly fraudulent. My Super Great Modification?? A Re-Finance is what it looks like, 4.95%, 30 years, payment $1890/mo, and if there’s any left over, a Balloon Payment at the last payment date. What?!! Yep, on a $252,000 note, that I had just paid almost $60k into on top of the previous payments, I get to pay off $290,000 (+/- a few k) and for Another 30 Years! Something is definitely wrong with that! We signed it though, but I’m not sure why, as I’m not thinking they have any right to the note!
Too bad, I live in CO – non judicial and I can’t find a lawyer ANYWHERE! My BK lawyer took me to the cleaners but didn’t help on my cars or house one bit! Actually, left me worse off than I was! Had to get different cars – with horrid interest, of course! Wouldn’t deal with the taxes (had a bad audit I couldn’t defend, I could but it wasn’t allowed during bk – as only one Federal case at a time seems to be the rule!) And she didn’t put in about 15k in Medical Bills…sigh, cry, scream.
\
My husband came back, after his 12 month contract was up, and not renewed – project was done. Unemployed and looking hard for 8 months – did I say savings? There it went. I was told by Litton, at first that all the “laws weren’t in place yet” to help us, then that we had to be at least 3 months behind before we qualified for anything, and that we had “just had a modification”, and so much more. Asked for unemployment relief that I had read about, apparently the servicers and lenders don’t know about that yet. Well, thank God, he found a job!
But now we are a looong way behind on whatever mortgage there is on the house, doesn’t look like I can do this alone.
I did research, found the “rules”, figured out how to find the issues in my note(s), and wrote my responses to the Foreclosure we shouldn’t be in. HSBC filed NED on 5/3, Litton had given me (yes in writing) until 5/4- -yes, I milked it till then, but got it – the HAMP paperwork in-and verified. Next Day, a Notice on the door. Then, same old crap, No contact, Litton didn’t know why HSBC was involved, told me it would be on ‘hold’. Then that it wouldn’t be on hold, but no sale while they ‘evaluated’ (yup, recorded the conversations too).
So I went alone to 120 hearing, Plaintiff’s attny perjured herself in court, and though I objected, with proof, and objection was granted,…the Trustee apparently thought perjury in his court was okay. This is rich: So as they hadn’t shown on July 6th to our appointed 120 hearing (no she wasn’t fined for failing to appear, nor was the case removed), the 120 hearing was put off to late Sept., and again, I had all manner of proofs of predatory, usury, TILA, RESPA, even now HAMP violations, Flipping, Equity Stripping, Missing Docs, Incorrect PUD, over 10k in YSP on the 2nd for broker (2nd being 63k when Fremont split my loan in the ’05 refi) plus OH so much more.. I heard, “I see the procedural issues, but we aren’t here to discuss those.” from the Trustee/Judge.
So Trustee sets sale date for 11/2–while I am still being eval’d for HAMP, even got a HAMP double escalation to deal with Litton. Who sold my Seriously Upside down (try hse worth 225K, bought for 285k Fremont split into 2 notes at refi, so ‘only’ owe 286k on 1st – after 9 years.) Off Track, Sorry, Litton, just last week ‘sold/transferredd’ it to Ocwen–the same company Fremont sold the 2nd to, Ocwen then sold to Real Time, and now apparantly DB Structured Products owns what I though was washed in the BK! Litton AND Fremont claimed 286k each, and Ocwen claimed $68k, in my CH13 turned 7 (in 2/2011).
I’m thinking that’s not in Ocwens best interest to purchase a defaulted/foreclosing note, just as it wasn’t in HSBC’s when MERS ‘sold’ it to them (nor were we under 700 credit score, so should not have had a sub-prime ARM in ’05 to start with) – although it says FIL did the selling to HSBC in ’08, and somehow lists Litton as ‘lender’, but by that time FIL was no more – shut down by OCC so far as home lending goes before that confusing transaction.
Last thorn? I Just got off the phone with the HAMP rep. The supervisor that had helped me before wasn’t immediately available, so someone else was “going to try to assist me”. As soon as this first one heard that Litton was transferring the loan before the time frame for response to the “NPV denial” to the HAMP modification, she about flipped. She said something about how that wasn’t legal, and that she would need to speak with her supervisor about making a “trial case”(?). It was odd how alarmed she seemed with what I had told her, especially given that when the original supervisor called me back later she did not seem to think the time frames were odd or unreasonable. In fact, she said “the banks do it all the time”. Yes, my mouth fell open. I asked if that made it okay, or legal, or within the parameters of their contractual agreement with the government??!! “It’s a grey area, and the banks do it to make more money.”, Now my mouth had not just fallen open, but my face slid completely fell off my head!
During our conversation, I realized the NPV letter I received on 10/12/11, postmarked on 10/03/11, was dated 9/26/11. meaning, I have until tomorrow to get my NPV response to them! Of course I left Yet Another voice mail, As If That is getting me Anywhere! I’ve got a half dozen or so phone numbers to leave them on, they don’t get returned. I will try to call “Early in the morning when there is less call volume”, as the HAMP counselor so kindly suggested…LIKE I HADN’T THOUGHT OF THAT??? about a Year Ago!?
So I’m in a sh**storm. AND I NEED AN ATTORNEY!! I’ve been looking, calling, reading, searching for a month – no replies. Anyone Know Anyone Tough cost be damned at this point, I refuse to pay my mtg as I don’t know who, or how, owns it. I’d much rather pay an attorney – quiet title, and restitution for my injuries and my attorney’s time, would be the goal. I’ve gone from pretty sane and normal over the past 3 years to a diagnosed Major Depressive, with an eating and sleeping disorder! Wonder why.
I’ve recorded calls, names, times, dates. I’ve highlited, tabbed, and organized with law quoted, all (or most) of the violations in my Fremont refi turned MERS turned CitiGroup turned Litton turned HSBC, and finally (from Litton somehow) turned Ocwen. OMG! Really??? I’ll scan in my signatures tomorrow – unreal amounts of WT* kind of handwriting (oh, that’s a stamped signature on that non-notorized, date-free paper with three *** identified as the New note holder (kindly identified as *** is HSBC — UNDER the signature that resembles nothing in the name of the “MERS” VP).
Hate this. PLEASE SEND ME ATTORNEYS! I CAN NOT DO IT PRO SE ANYMORE! And I Will LOSE MY HOUSE TO THESE CROOKS ON 11/2/11! Even though the HAMP rep tells me there ‘has to be more time, as I have 30 days to read over the NPV explanation, then another 15? days for Litton (or Ocwen) to respond, then a little more time to re-respond, or re-apply” I never should have tried to do this alone! Silly me, all these laws broken and obvious, I ASSUMED that Justice Was Blind!.
Trustee’s just got a 25k raise from the Foreclosure Attny’s lobbying – not too mention their sweet vacation getaway funded by the same attorney’s – the one’s working on Stealing My House! The very same ones who sold the state of CO the computer program that Processes Each and Every Foreclosure – for a hefty sum + a swell Kickback from Every Foreclosure their system processes! (Info on raise and computer program courtesy of Denver Post).
HELP!!
HI – I am so sorry for all your efforts and issues involved. It’s so criminal.
Pro Se’s are only hurting the legal system and homeowners trying to fight these bad, unlawful foreclosures, as they are getting Motion Judgements against them, because there are so many issues with CDO’s MBS, REMICS and such and quite frankly, judges hate pro se’s. The cases the Banks are using are all in there favor because of Pro Se losses.
Contact me at tam1012@comcast.net and I need to get an intake form and can pass along the information to an attorney that can help. He’s fighting accross the country and winning. He also has cases in CO.
I really take issue with your statement that pro se’s are hurting our legal system. Don’t you think that foreclosure complaints should be answered regardless. The absence of anyone who mattered at 99% of foreclosure hearings is what has enabled robo-signing and rubber stamping. The judges and foreclosure mills knew no one was minding the store. Shame on you for blaming homeowners who are not in a position to pay $7000. retainers and $500/hr. Maybe you should start blaming the judges who have allowed all of this fraud to go on right under their nose all in the name of speed. And, if judges hate pro se thats too damn bad. You can’t blame bad decisions coming down on anyone but bad judges. By the way, I love law firms that are scouring these websites looking to solicit clients. So to anyone out there fighting pro se because it is your only option- go for it! Rolling over is not helping anyone!
Pro Se Ways….. Well good luck to you and your venue. I am not scouring websites to promote anyone or any attorney. Perhaps you may have overlooked the fact that I was in the same boat that Pro Se 4closure Fail was in. I couldn’t find an attorney to save my home in my state. Since there are very few that are well versed in the fraud of the banks and mortgages. I was trying to reach out accross the country to find help, because I was not well versed in the legal system and knew I needed an attorney. So when the state has hardly any cases fought with well versed attorneys, the state gets saturated with Pro Se losses, because people like me may try this avenue and can’t succeed.
Well, if you live in a Non -Judicial state and fighting Pro Se, beware, the banks will likely turn the case into Moot. and then refile under a judicial foreclosure AND also then they have the right to sue for deficiencies. So be prepared if you lose. You can lose your house and also gain a $300K judgement for deficencies as well. Then how does paying an attorney $250 an hour and a upfront $3000 retainer. For me it’s a no brainer to choose an attorney if a good one is found.
You are obviously very bitter about this. And it will no way help you succeed with that type of attitude. And before you spout off, some of us here were in a Pro Se situation and know that we need an attorney and we reach out on message boards to find someone who can help. So when I read ProSe 4closure Fail’s message, I know EXACTLY how it feels and would have given my eye teeth to have someone reach out to me to help me find an attorney.
Good luck to you.
Hi! my name is Cindy. My sister and my brother in law have a problem with there mortgage company. They had Citigroup/ Bank of New York Mellon and my brother in law told me that one of the banks who got money to bail out the homeowners is one they had. So my question is how do we find out if there mortgage was paid off? Can you send me the name of the lawyer you know who’s helping ppl and winning? We are in Glendale Heights Illinois. Thank you
Marie – I am sure we have a lot of common ground in this fight and arguing with you was not my intention. I certainly wish you the best of luck but I cannot agree that every homeowner who is unable to afford an attorney should stay away from the judicial system so as to avoid a “bad loss.” That, to me, is too simplistic an approach and is exactly what the lenders and the courts want. Defaults are so much easier to process. If a pro se “bad loss” resulted in a court opinion, any good defense attorney should be able to deal with that. And, I also see no evidence to confirm your statement. Also, I will refrain from calling you a name, but you bet I’m bitter. Most of us on these sites have been abused and damaged from lenders and foreclosure mills and are hanging by a thread. And, for the record, I have no venue, you’re the one with the intake form.
Anyone out there from California? I see no change in handling of any modifications or foreclosures; pending modification, continued to foreclose, agent to reo??, declined mod/moved by to prior residence of 12 yrs./declined mod; house sold at foreclosure, locked out prior to date discussed/arrangements made 30 days prior with room mate who paid nothing for 7 months/received 3000, paid person 400 plus storage shed to move me back to upsell home pending short sell, that was 9 months ago, once again pending short sell approval of price/now wants to deny hafa &short sell, speed up too foreclose on Nov.16/2011. claims homeowner refused to let appraiser in??? has been appraised 7 occastions and no one has refused admission to home/ had 3 homes in area, will now lose all 3 to foreclosure, current home, home next door pending foreclosure now reo/ locks changed/ cash given to tenant $3000, unbeknown to homeowner, who re-embursed deposit $2000; unable to keep property without current tenant, unable to rent in mid school year/ called Crystal Mortgage/federal loan, modified loan has risen to $500+ returned from surgery only to get all of this dropped on my plate; called lender, this is obvious illegal, doesn;t matter now, you are deliequent now, guess so; they will continue with foreclosure and did I want to short sell, since they already are selling the property, so unbeknown to me after having the carpets cleaned, terminex, 2 doors repaired, lawn is green again, I now find out it was all a hoax/ Tenants left with 5000 moving expenses from home next door/ organized by Lucy Silva?? Reo team for Coldwell Banker???? this can;t be correct?? no forwarding address for tenants, and some stranger has keys to my home???? and at the time was not in default??? and this is America??? Quilty until proven innocent?? try to fix this one, going on third loss of home due too injury loss of income, income has dropped from 75000 to negative going on 3 years now??? one has too lose everything?? this is legal? As soon as you stop paying your mortgage, rather you can afford to or not, it makes no difference you are quilty as charged until proven innocent, good luck with that, laws are written to protect those that can afford to be protected the rest of you might as well set up camp,,,,,,,,,and this is California??? will any of your complaints reach the Attorney General? the Govenor? most likely not; far too many issues going on, homeowners are the last of their priorities and if you own more than one home makes you even more of a criminal needing no assistence. some of us are now ruined for life, far to late in the game to over come this situation; hopefully the younger generation will learn something from this if they don;t starve to death first.
I am in California. I know something that can help for the moment. Email me and we can go from there. I am not soliciting. I too am in the same boat as you. I’m single mom left with house in debt for a divorce, been working on a mod for 18 months. Reference this link for a prompt response. Blessings.
Go to Youtube, search for How To Win The Foreclosure War, Part 1
CALL HER ATTONEY Preetpal Grewal(917) 639-5510 TELL HER ELIZABETH SENT YOU IF SHE CANHELP SHE WILL
Cuneo Gilbert & LaDuca, LLP
Rockefeller Center
620 Fifth Avenue
New York, NY 10020
Phone: (917) 639-5510
Cell: (917) 902-7476
Federal judges are quite protective of pro se litigants. They will go the extra mile,to protect your rights. Go to Youtube–search for How to Win the Foreclosure War, Part 1. I am a paralegal, with a JD, who has kept a client in his home, three years, after forelosure, and on his way to victory, on a dual track of state and federal court. You may verify the case, In the Circuit Court of Berkeley County, WV, Case No. 10-C-145, in the Office of the Clerk, Virginia Sine. Feel free to call me at 334-355-1077; or 334-316-0647; or contact me at:
ronaldleewht661@gmail.com; ronaldleewht1953@gmail.com; or ronaldl.white@yahoo.com. Let me help you, or you can wait for the set of books I am writing, such that you may draft your own pleadings, and other court papers, following the templates. File your paperwork in federal court, where the judges are less corrupt. You will need to seek an injunction, to enjoin foreclosure and eviction. Even if you have been foreclosed, and evicted, you can still sue the bastard banks, for tortious breach of contract and fraud. Let me help you. My rates are quite reasonable, half of the $250 the attorneys want, my paperwork is first rate, world class. Look at the paperwork for the Plaintiff in Case No. 10-C-145. You can buy all the pages in the case,for $1.00 per page, and there are more than 5,000 pages. It will be a brutal fight, but winnable. I am the champion of the llitte guy.
This is in Washington state.
Refi with originator Alfund in April 2007
American Home Mortgage servicer
12/7/2010 Notice of foreclosure sale by Trustee First Fidelity National Title on behalf of MERS as beneficiary. Sale kept getting canceled and then rescheduled as we continued to send them the forms they wanted for Mod
We sent a letter asking for proof of Title and ownership in June, and sales stopped getting scheduled.
In July Washington passed the “Foreclosure Fairness Act” …BOA helped the politicians write it, so as you can guess it really should be called the “Foreclosure Facilitation Act” It contains stuff like copies of Title and Promissory note are ok, does not say Lender, but says Beneficiary and beneficiaries Agent. Also “Owner” of note can prove they own note by simply providing written affidavit saying they own the note.
Now on October 3rd AHMSI sent us a “Pre foreclosure” letter complying with the new Act saying that the beneficiary is now a trust called “Harborview 2007-5” When you look it up on the SEC.gov they list Deutsche Bank as the trustee.. well low and behold on the county records on Sept 5th 2011, AMHSI assigned the deed of trust from First Fidelity to Deutsche Bank. Anyway I have 30 days to respond to the letter requesting a mediation meeting with them. 90 days from the date of their letter they can file a new Notice of Foreclosure with the state, and hold a sale 120 days later. All these new trustees, and lenders are an admission that the current foreclosure is illegal.
My question is this… should I immediately file a suit against the first foreclosure which is still active and on the books before they can file the new one? Once I file, can AHMSI just drop the foreclosure, or will they be compelled to admit it was a false, illegal suit, and will it help me fight the upcoming one when they get their paperwork lined up.
PSA Side note.. the closing date of the trust was July 12, 2007, and all deficiencies had to be fixed by July 12, 2009. They just gave title to trustee Sept this year.
The whole ‘move your money out of a bank’ day………. gimme a BREAK…..
And WHAT is the benefit of THIS….? This whole movement is misleading….. PLEASE provide an ALTERNATIVE To a better monetary system….!!!!
hmmm…… communism…….socialism……..nobility……. WHAT……????
Please don’t stand on a corner and ‘tell me what is wrong’ without offering me a possible solution to ‘what is RIGHT’…!!!!
Oh by the way………. ‘I DON’T KNOW’ as a response………… is even WORSE that what you’re shouting about…!!!
I can do this because I have absolute proof. On April 5, 2010, Judge Phillip Pro with his Order terminating my federal Complaint and on behalf of JPMorgan Chase Bank, made the Order that stands alone as providing JPMorgan Chase Bank to subject us to foreclosure. On October 10, 2011 after the Ninth Circuit affirmed Judge Pro’s conduct, I directed a Complaint by statements under oath directly against Judge Phillip Pro and indirectly against the Panel of circuit court judges that by their opinion covered up the fraudulent practices by the Judge. For those of you out there that know the ropes I will end with this: When Judge Pro made the Order, the closest thing to loan documents, as the Order characterizes, were the not certified copies of the originals that I had executed on October 30, 2005 in favor of Washington Mutual Bank. I had made the not certified copies part of the federal Record to expose JPMorgan Chase Bank’s and its attorney’s false pleading that Chase Bank was the servicer of our mortgage. In the world of robo-signers and others who dare to create false documents to support foreclosures, ours is the only case I believe where courts have determined standing in a bank’s favor without the bank having to produce mortgage instruments period. This is our federa record and anyone is invited to review it through PACER – Ronald Williams et al vs. JPMorgan Chase Bank 2:10-cv-00118. We are a senior citizen couple of Afro-American descent who appeared before Judge Pro to defend against his dismissing our complaint. We believe the Order based on evidence that is virtually non-existent was motivated by Race, Personal Greed on the Judge’s part, or an inexplicable bias in favor of JPMorgan Chase Bank. Being ordinary citizens has made it difficult to draw the public’s attention to our plight – a plight well documented by the public Record that is our federal case. In our case four federal judges took an active role in the cover up of by fraudulent foreclosure practices by a judge. Any referral anyone reading this provides us will be greatly appreciated. Our case in before the 9th Circuit pending our Petition for it to review what it did to us by dismissing our appeal. I may have mentioned earlier that I have also sent a complaint with all of my statements under oath against the fraudulent, racist practices of Judge Phillip Pro, United States District Judge for the District of Nevada. I can make this claims public against him because the Record absolutely supports the claim. I will shop our plight and the record around the nation until Jesus returns for all of us. The question why no-one has went to jail may be answered in the Record of mines and my wife’s case,
Ronald,
The note is irrelevant. Even if the note is missing, it can be proven that the purchase money was provided by a lender, and you did not pay. However, when your inabiity to pay materialized, your lender had already made a separate unilateral contract, to give you options, in the event difficulty in making payments. When they reneged on that, that constituted fraud. File your lawsuit, immediatey, on that basis. If you cannot pay the $350 fiiing fee, make a motion for in forma pauperis status, and get the fee waived. Simultaneously, file a motion for an injunction to prevent foreclosure, if not already done, to prevent eviction, if the foreclosure is already done. This will keep you in the property, until your lawsuit reaches its conclusion. Do it, in federal court, despite difficulty, they are much less corrupt than state judges. Demonstrate, in the streets, against judicial corrupetion. Make it a major issue, in the elections, a year from now. We can have a peaceful revolution in this country. File ten million lawsuits, simultaneously, against fraudelent foreclosures, bring the foreclosure juggernaut to a screeching halt. Bankrupt the banks, and Wall Street, with a tsunami of lawsuits. We will win some, lose some, but most importantly, we will be heard! Let’s free our country, from corporatism, from the tyranny of Wall Street, and from corrupt politicians and judges.
SEC Charges Bank Executives With Hiding Millions of Dollars in Losses During 2008 Financial Crisis
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http://www.sec.gov/news/press/2011/2011-202.htm
Maybe we’ll actually see some criminal charges this time!
Interesting information on how the Bankers are working on
responding to non-judicial foreclosures
(press in ABA Banking Journal for Oct 14 2011 -the author is Patrick M Roberts ESQ.)
»
How to resist borrower challenges to non-judicial foreclosures
ABA Banking Journal
Complaints filed by borrowers typically fall into the categories of wrongful foreclosure; quiet title; declaratory relief; conversion; fraud or negligent misrepresentation; unfair business practices; breach of written contract or of implied covenant of …
Here is the actual link……Thanks for the information…..I will be giving this to my attorney so that he can see what more the banks are trying to do to wiggle their way out of pure fraud and theft….
http://www.ababj.com/briefing/how-to-resist-borrower-challenges-to-non-judicial-foreclosures-2369.html..
Is there a way for me to retain the property at a reduced mortgage principal (current market value). Any suggestion or guidance is welcome.
I have a mortgage with Charter One Mortgage for an Arizona vacation home. I stopped paying the mortgage starting 2011 as CMM agreed to take the property back ‘In-Lieu’ of foreclosure. After many months of phone calls all I hear from them is that the legal department is working on it. In the meanwhile I am being harassed by the Home Owners Association (HOA) for dues as well fines for not keeping the yard per architectural standards. Is there any agency I can complaint to resolves the issue so that I am out of this deal?
I have a mortgage with Charter One Mortgage for an Arizona vacation home. I stopped paying the mortgage starting 2011 as CMM agreed to take the property back ‘In-Lieu’ of foreclosure. After many months of phone calls all I hear from them is that the legal department is working on it. In the meanwhile I am being harassed by the Home Owners Association (HOA) for dues as well fines for not keeping the yard per architectural standards. Is there any agency I can complaint to resolves the issue so that I am out of this deal?
Is there a way for me to retain the property at a reduced mortgage principal (current market value). Any suggestion or guidance is welcome.
Boycott Against Banks
========================================================================================http://www.cnbc.com/id/44800021/
Help Needed Pronto!
2 days ago I received a Notice of Hearing for Motion of Summary Judgement to take place on October 25, 2011. Prior to this correspondence I received notice that “the original” note was filed with the court.( A request that I made almost a year ago) I went down to the court yesterday to file for an extension gfor 60 days so that I could obtain counsel and checked the case file and lo and behold no original note was filed only copies. I called the court today to find out the status of my motion and found out it was denied. I NEED AN EXPERIENCED ATTORNEY ASAP. My case is in Hernando County, Fl (Tampa Bay area). The “bank” Bank of New York Mellon is the plaintiff as successor trustee (never heard of them until I was servered) under Novastar and in the note it states Mers is the mortgagee. I also am in the middle of a sinkhole repair, actually they just started. Someone please help me with where to find a experienced attorney in this matter. Thank you in advance.
I have hired Mark Stopa and would recomend him. He is from Tampa area. Check his web and blog. That is what got me sold on him. Best of luck !!!
Thank you! I am in contact with his offfice.
E-mail her right now she is looking for Bank of Mellon they have lawyers alll over and do not charge up front fees Attorney Preetpal Grewal pgrewal@cuneolaw.com (pgrewal@cuneolaw.com)
The Firm is:
Cuneo, Gilbert,& LaDuca, LLP
Rockefeller Center
620 Fifth Avenue
New York N.Y. 10020
I retained Mark Stopa and have been very impressed.
Until these judges stop them, our nation is furtile ground for banks and the like to steal homes by foreclosures based on fraud. Of the three branches of our government, the judiciary operates under the less scrutiny. Read my post dated October 22, 2011. Some how, some way and some day we have to deal with this collectively to stop courts from underwriting and authorizing the stealing of our homes by fraudulent foreclosures. The closest thing we have right now are the protesting against Wall street. I am at rnwil3@aol.com and am writing from southern Nevada, the number one foreclosure state. Food for thought: Judges are investors or at least make a sufficient salary to be an investor. In the area where I reside there is a law firm called The Cooper Castle Law Firm. It functions virtully as collection agency for Chase Bank and its defaulted on mortgages. The portfolio of Chase Bank and the law firm is no doubt bursting from homes where the homeowner was displaced in favor of investors. In my complaint against Judge Phillip Pro, a federal judge for the district of Nevada, I suggested that the Order he made that the Record shows to be an Artifice fraudulently conveying standing for Chase Bank to subject us to a foreclosure, may have been motivated by a direct or indirect pecuniary interest he has in the portfolio of empty homes maintained by Chase Bank and the law firm. You may be experiencing the same in your case. No matter how highly placed there are some crooks here. And it explains why no one has been sent to jail while hundreds of thousands have been displaced from their homes under questionable circumstances. We are spread out, and this is why banks, courts and the like can do what they are doing to us.
I am in a suit with Wells Fargo. Not only did my husband sign my name and take all the equity from our home, he attended a closing that I was never at. Then he took his life. The bank has gone for a dismissal. Now, they did this almost 3 months ago and the judge still hasn’t come down with an answer. My lawyer said that this isn’t right! I have 18 counts against this bank. Wells Fargo also broke into my home 3 times. They turned the water and heat off. I was living there 3 nights a week, they said I abandoned the house. WhenI filed criminal charges, it was dismissed said it was a civil action. I have now appealed to the consumesr affairs dept of the att. General of NJ. They are going look into my case. It doesn’t affect any other action you are taking. It is also free They want to help stop all this!!! The whole system is a joke, the judges are a joke. But, I am going to keep pushing until I get my home back. Check out everything you can!
Ayasha, forget about the note, file a lawsuit for tortious breach of contract, fraud, RESPA vioations, TILA violations, intentional infliction of emotional distress, defamatlon, etc. Look at Case No. 10-C-145, In the Circuit Court of Berkeley County, WV, Office of the Clerk. Or better yet, contact me. See reply above.
RLW,JD
For some reason many have been discourage against Class Actions because they are claiming the Lawyers get all the money and they do not: THIS law firm pleads individual claims plus class so theat the lead plaintiff claims are not attached to what a class would recieved but will be determined on the individual plaintiff damages:
DAMAGES is the key to any lawsuit whether class or individual, if you don’t have the money for a lawyer all I am saying is that this is a top New York law firm that does CHARGE ANY UP FRONT FEES OR ANY FEES AT ALL
CLASS ACTION FOR THOSE PARTIES MISLED BY A CitiGroup or BOA PROMISE FOR A LOAN MOD: RESULTS IN AN IDEAL ENDING FOR WELLS FARGO. A HOMEOWNERS WITH RUINED CREDIT AND NO TIME SELL! (perfect victim.)
CLASS ACTION LAWSUIT Looking for lead plaintiff’s in Texas and New York
DID YOU BELIEVE YOUR MORTGAGE LOAN MIGHT BE MODIFIED?
DID YOU PAY AN APPLICATION FEE FOR A LOAN MOD?
DID YOU PAY AN APPRAISAL FEE?
DID YOU REQUEST A LOAN MODIFICATION?
DID YOU FAX FINANCIAL INFORMATION IN FOR A LOAN MOD?
DID YOU BELIEVE YOU WERE UNDER CONSIDERATION FOR A LOAN MOD?
If you would like to participate in this class action suit please contact the law firm at:
Attorney Preetpal Grewal pgrewal@cuneolaw.com (pgrewal@cuneolaw.com)
The Firm is:
Cuneo, Gilbert,& LaDuca, LLP
Rockefeller Center
620 Fifth Avenue
New York N.Y. 10020
They do NOT CHARGE UPFRONT FEES they get paid if you get paid so they have ainvested interest to work e-mail the lawfirm they are representing me with CHASE, if you have problems money is low e-mail her the lawyer not me your issues she will get right back to and let you know if she can help you.
God Bless
Elizabeth
Hello Elizabeth…….Thank you for the information. I sent an email yesterday and got a call back immediately. When I began to tell her about my situation,,,,,she said you don’t have to finish the story but she would listen anyway because she know exactly what was happening to me. She asked me to send her all of the information and documents that I have and then she would get back in touch with me. I thank you for the information you shared. It is not so much about the money to me it is more about the fraud and how so many hard working people are being taken advantage of…..we needed to be ailed out. We are still suffering and they are trying to find better ways to continue the fraud because they have the money to do it paid by our tax dollars. I hope she can help me……I really do……. Dee
http://www.cnbc.com/id/44776749
======================================================================================= Anonymous Threatens to ‘Erase’ the NYSE
http://www.housingwire.com/tag/harris
http://finance.yahoo.com/blogs/daniel-gross/banks-struggle-fed-racks-huge-profits-taxpayers-171436518.html;_ylt=AjZRrn1mQPOJWpvQIpjFQFu7YWsA;_ylu=X3oDMTE1bWpxYm43BHBvcwM2BHNlYwN0b3BTdG9yaWVzBHNsawNhc2Jhbmtzc3RydWc-?sec=topStories&pos=3&asset=&ccode=
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As Banks Struggle, Fed Racks up Huge Profits — for Taxpayers
At least the AG in California has enough balls to stand up for her citizens unlike the KS bozo. Tom Miller in Iowa has turned out to have no guts. His balls are in the hands of Jamie Dimon of Chase.
Miller said he would put bankers in jail — let me think about that — how many are there by his hand??? or anyone elses hand?? Certainly Obama and Holder are not searching out the evil thieves of homes.
I hope the protesters on Wall Street and now other cities get some action. The CEO’s of all of the Wallstreeters that were involved in the the fraud and forgery of loan documents should be in JAIL.
Start with Dimon of Chase, some asshole at Deutsche, Blankfein at Goldman, Fuld at Lehman, certainly Mozilo at Countrywide and Lewis at B of A at the time — Outright thieves Put their pinstripe asses in jail.
The AG in ca. ? Kamala Kabala Kaboom Harris ??
Please go to piggybankblog.com. Click on John’s Daily Blog for the truth.
Yes the AG in Kansas is a lazy DICK. Try writing him and you too will just get a smart ass comment back. He and his staff have no sympathy for people being foreclosed on. Their feeling is “just pay up”.
As with most politicos in Kansas the only thing they care about is abortion and Bible thumping.
Send any of them a letter and you will get a form letter back on another subject. Worthless jerk offs that do not care about the citizens of the state —- only about being re-elected.
CLASS ACTION FOR THOSE PARTIES MISLED BY A CitiMortgage or BOA PROMISE FOR A LOAN MOD: RESULTS IN AN IDEAL ENDING FOR WELLS FARGO. A HOMEOWNERS WITH RUINED CREDIT AND NO TIME SELL! (perfect victim.)
CLASS ACTION LAWSUIT Looking for lead plaintiff’s in Texas and New York
DID YOU BELIEVE YOUR MORTGAGE LOAN MIGHT BE MODIFIED?
DID YOU PAY AN APPLICATION FEE FOR A LOAN MOD?
DID YOU PAY AN APPRAISAL FEE?
DID YOU REQUEST A LOAN MODIFICATION?
DID YOU FAX FINANCIAL INFORMATION IN FOR A LOAN MOD?
DID YOU BELIEVE YOU WERE UNDER CONSIDERATION FOR A LOAN MOD?
If you would like to participate in this class action suit please contact the law firm at:
Attorney Preetpal Grewal pgrewal@cuneolaw.com (pgrewal@cuneolaw.com)
The Firm is:
Cuneo, Gilbert,& LaDuca, LLP
Rockefeller Center
620 Fifth Avenue
New York N.Y. 10020
They do NOT CHARGE UPFRONT FEES they get paid if you get paid so they have ainvested interest to work e-mail the lawfirm it seft they are representing me with CHASE, if you have problems money is slow e-mail her the lawyer not me your issues seh will get right back to and let you know if she can help you.
God Bless
Elizabeth
Please consider helping us here in Cleveland, Ohio. Hundreds showed up to a BOA seminar to get help with modification process. I was approved right there on the spot, and verified qualification with HUD as well. Yet, BOA said they’d get back to me within a couple of weeks. —>Short story: They decided to set me up with a real estate person to sell my house Short-Sale and would give me $2,400 to relocate. Not one mention about the status of my loan modification. HELP! They are frauds and should be prosecuted.
http://www.americanbanker.com/syndication/foreclosure-settlement-california-harris-1042722-1.html
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******************** California Quits Foreclosure Talks ****************************
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http://blogs.wsj.com/metropolis/2011/09/30/will-bloomberg-end-protesters-stay-on-wall-street/ Will Bloomberg End Protesters’ Stay on Wall
We too live in Kansas. Been battling with bank since 2008; two pre- HAMPS and so on…I totally agree with your view; But this problem is nationwide. Kansas, however seems to have been sleeping under the banana tree while other states East and West coast notably have been noticing the holes in these defective mortgages, and some responding effectively.
Nearly all the attorneys here work for or with the banks, and are afraid to offend. Very few fighting litigators on the side of homeowners exist here. All the judges want to know is “Did you pay the mortgage?” Everything else is too sophisticated in law, I suppose. The AG is totally bored by the entire prospect it seems, and nothing ever is getting done in the interest of the people. Will they ever get it here? And what can be done about this?
http://www.iwatchnews.org/2011/09/23/6706/mortgage-industry-tanks-fraud-continues-countrywide
Mortgage industry tanks, fraud continues at Countrywide
The Great Mortgage Cover-Up: A Two-Part Series
OK and the good news are??????
http://news.businessweek.com/article.asp?documentKey=1376-LMSR6O0UQVI901-54F03FS4TGLHPN2P3QSF33NB0I
The Fed Wants to Be Your Facebook Friend http://www.cnbc.com/id/44701381
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I downloaded a copy of an ASSIGNMENT OF MORTGAGE that has the same signature of Michael Koch of Fremont Investment & Loan that I have on my own mortgage.
The party was Irene wood of brockton Mass.
I think she lost her home, but If I can get an admissable (in court) assignment, I will be able to show that
it is not really a signature but a signature stamp and since it must be in writing it will give me a good arguement
to deny their claim.
Anybody out there have data?
Also, is there a way of searching this website archives and the other foreclosure fraud website to find data?
Thanks
Ron
Ron,
Is there any way you can send a copy of the Fremont signature?
http://www.dickipedia.org/dick.php?title=Uncle_Sam
All the emails from Michael @ 4closureFraud, Stop Foreclosure fraud, and Neil
are coming in blank for the last three days.
Someone doesn’t like my continous
postings about the origination fraud of the Banks lending us their credit
prohibited by Art 1 Para 10 Cl 1 of the Constitution making every mortage Ultra Vire.
Fannie Mae Cited For Failing To Stop Robo-Signing
http://www.npr.org/templates/story/story.php?storyId=140727079
Dear friends,
I wanted to let you know about a new petition I created on We the People, a new
feature on WhiteHouse.gov, and ask for your support.
Will you add your name to mine? If this petition gets 5,000 signatures by
October 23, 2011, the White House will review it and respond! We the People
allows anyone to create and sign petitions asking the Obama Administration to
take action on a range of issues.
If a petition gets enough support, the Obama Administration will issue an
official response. You can view and sign the petition here:
http://wh.gov/gyl
Here’s some more information about this petition:
Balance the asymmetry of knowledge between litigants and the judiciary before
ruling on issues of structured financing.
Structured financing is a dominate form of finance used to transfer risk,
support financing, liquidity, and the issuance of securities through complex
legal entities. This amalgamation has tremendous benefits but creates
uncertainty when the judiciary rules on issues not subject to strict letter
certainty of law.
Those who utilize structured financing, many of whom, dominate domestic and
global commerce, aware of these issues, exploit said benefits resulting in
massive private gain at the expense of public loss. This is arguably a common
denominator of our financial crisis.
As homeowners and securities investors continue to lose their investments over
what is commonly argued in court as securitization, uncertainty increases,
consumer confidence decreases, and thus, so does our economy.
If you are serious I need you guys to visit the petition I (WE) created and sign
it. Just get it done! I need you guys to forward this to the judges and
attorney’s in your cases, post and share it on your social networking sites such
as Facebook, Twitter etc., e-mail it to family, friends and colleges, blog about
it whatever. If you have any questions I am only an e-mail away.
robertcormier198@hotmail.com
Why should anyone respond to your petition you are one those type of homeowner who only look out for yourself many people have asked for your help with the information you have about MERS and was willing to pay for a copy of your certified copies to help with their cases and you just ignore them its people like you that give others a bad name who knows what that petition is really for I am sure its not to help anyone but you if I were you people beware of what you sign.
http://finance.yahoo.com/news/Fannie-Mae-cited-for-failing-apf-197671809.html?x=0&sec=topStories&pos=3&asset=&ccode=
Fannie Mae cited for failing to stop robo-signing
Report says Fannie Mae missed catching law firms illegally signing foreclosure document
On Friday September 23, 2011, 12:06 am
WASHINGTON (AP) — Fannie Mae missed chances to catch law firms illegally signing foreclosure documents and its government overseer did not take the right steps to ensure Fannie was doing its job, federal regulators say.
The Federal Housing Finance Agency’s inspector general said in a report Friday that Fannie failed to establish an “acceptable and effective” way to monitor foreclosure proceedings between 2006 and early 2011. Government regulators then failed to ensure it was complying with demands that it clean up its programs.
Mortgage industry employees — including law firms employed by Fannie Mae — signed documents they hadn’t read and used fake signatures on foreclosure cases across the country. The practices, known collectively as “robo-signing,” resulted in a suspension of foreclosures last fall and a probe by all 50 state attorneys general into how corners were cut to keep pace with the crush of foreclosure paperwork.
In 2005, Fannie hired outside investigators to look into allegations about faulty foreclosure documents. A year later, Fannie received a report from the investigators that found law firms working for Fannie had filed false documents.
Fannie said it was developing a computer system to improve communication and monitor its attorneys but regulators said they found no evidence Fannie had made any improvements in overseeing its attorneys.
FHFA was created in 2008 to oversee mortgage buyers Fannie Mae and Freddie Mac. To make sure Fannie was doing its job, FHFA has the authority to fire and replace employees; issue cease and desist orders; and impose fines. To date, the agency has not taken any of those actions, the inspector general’s report said.
Fannie and Freddie own or guarantee about half of all U.S. mortgages, or nearly 31 million home loans worth more than $5 trillion. As part of a nationalized system, they account for nearly all new mortgage loans. So anyone looking to buy a home would be forced to pay higher rates on new loans.
The Bush administration seized control of the mortgage giants in September 2008, hoping to stabilize the beleaguered housing industry.
In a separate report released Friday, the inspector general says the FHFA lacks examiners to monitor Fannie. Just a third of its 120 non-executive examiners are federally accredited, the report found. Other federal regulators, such as the Federal Deposit Insurance Corp., usually require all of their examiners to be accredited.
http://finance.yahoo.com/blogs/daily-ticker/president-bill-clinton-yes-american-dream-under-assault-231659873.html;_ylt=As1Mv5IvflNsV5rAKmWY4w67YWsA;_ylu=X3oDMTE1aDFuZ3R2BHBvcwMzBHNlYwN0b3BTdG9yaWVzBHNsawNwcmVzaWRlbnRiaWw-?sec=topStories&pos=main&asset=&ccode= —————————President Bill Clinton: Yes, The American Dream Is Under Assault————————————–========================================================================================
Greetings,
I Am not 100% certain of where to start so i will start with a brief description of my situation and go from there.
In 2007 My Parents purchased a house in the City of Eagle Idaho, (Technically it was a family purchase as myself and my siblings all contributed but were not on the title).
later that year my father was the unexpected victim of a severe stroke. (he survived fyi)
In spite of all of that we continued to make our payments as well as make several home improvements, when the economic nightmare began to set in in this area we decided to be pro-active and alpply for a Loan modification which turned into a never ending slew of Indymac conveniently “loosing” paperwork (We never stopped making our payments) , then late one evening in November 2010 we get a knock on the door and get served foreclosure papers, The Nightmare Starts….
We immediately began trying to contact the company who took over from Indymac (One West) and flat out could not get a call to go through, every time we called we would jump through the automated hoops only to get put on hold wait anywhere up to 2 hours and then get hung up on without the call ever being answered, we later got a letter in the mail saying we were delinquent to a sum of approx $7200, we sent them a check to clear it and nearly 4 weeks later we got it sent back with a note saying “Unacceptable Form of Payment” we tried calling them again with the same results as before, and our next payment was returned with the same note, we got tired of chasing our proverbial tails and went to a HUD Attorney who eventually was able to get through to One West on a 3 way call, the One West Representative was not only “Completely Unwilling to Help at all” but was also needlessly Rude, Eventually we got connected to a supervisor and they said they would send new loan mod paperwork and that would stop the foreclosure, Both us and the HUD Attorney sent in copies of the completed paperwork, a few days later we called the one west supervisor again with the HUD Attorney, and they claimed that over half of the required paperwork that was sent was not received.
We sent it 3 more times with the same nonsense as the end result.
the HUD Attorney also had us apply for HAMP which we were denied, we called the One West Supervisor again with the HUD Attorney and were told that they would no longer negotiate & were pushing through the Foreclosure and also that the amount now required to settle the “Alleged Delinquency” was $30+K.
at that point the HUD Attorney said their was nothing else she could do to help us.
We Contacted our Title company’s Attorney after more unsuccessful attempts to contact One West, they put us in touch with the Trustee Company who was handling the Foreclosure.
To make a LONG Story shorter we ultimately found out that the “Excuse” for the Foreclosure was one payment being 5 days late, and also found out that the actual Loan agency was Freddy Mac.
I Sent notice for both to “Produce the Original Wet Ink Note” so we could verify their right to foreclose which was promptly denied in writing and they proceeded with the Trustee sale in which the Purchaser was “Freddy Mac”
We are still trying to fight this even though we are 1 month past the date the eviction notice had on it, we are still in the house because we cannot find a rental due to the high Volume of Local Foreclosures resulting in Landlords being extremely unreasonable in their “Requirements” to Rent.
We are currently at our wits end and with all of it my mother is under so much stress over the situation that she is getting physically ill from it, and it is also causing severe problems for my father who is disabled from his stroke and was just starting to recover when all of this started (his recovery has been set back roughly 2 years or more by this nighmare).
Any Help will be GREATLY Appreciated!
I’m Not about to let this BLATANT Criminality slide.
Your story is heartbreaking. I don’t know what to say, except that these banksters are heartless pigs. It really is criminal.
I would pursue media coverage. I would reach out to the office of the Attorney General in your state. Send the bank a notarized qualified written request under RESPA and ask for copies of any and all loan-related documents (including its servicing history) and don’t mention the foreclosure. CC your Atty General. See what the bank sends. By law they must be able to tell you where the note is and describe its physical location, if you ask.
From Section 1463 of the Dodd Frank Act: ‘‘(1) IN GENERAL—A servicer of a federally related mortgage [that'd apply to you as you have a Freddie Mac loan] shall not (C) fail to take timely action to respond to a borrower’s requests to correct errors relating to allocation of payments, final balances for purposes of paying off the loan, or avoiding foreclosure, or other standard servicer’s duties.”
Already they are in violation of Dodd Frank because you are actively trying to avoid foreclosure yet they are trying to kick you to the curb. Dodd Frank went into effect in July 2010.
The Dodd Frank Act also amends RESPA so that the bank has 5 days (down from 20) to acknowledge your QWR and 30 days (down from 60) to provide you with the requested copies. From that 30-day limit, they can only apply for a 15 day extension and must provide you with a reason for the delay. I think the best thing anyone can do right now is follow the paperwork until you can’t anymore. The more holes we can find in this shell of an industry, the better.
Make as loud and as public a stink as you can!
I have had very similar experiences with GMAC and WAMU.
ON PROPERTIES WITH LESS THAN 45%LTVS AND ALL HAVING 15YR NOTES.
Prior to anything EVER BEING LATE,, IN WRITING I FORMALLY REQUESTED MY LENDERS TO SIMPLY REAMMORTIZE TO A 30YR NOTE. ***EVEN OFFERED AN INTEREST RATE BUMP!!!
WAMU accepted money for mod and then decided they changed their minds.
GMAC ovvered amount to fully catch up… then sent funds back as they were a few dollars off. We corrected the amount, and sent back within days of receivend letter and funds back. They were sent back to us again AS THEY WERE NOT CERTIFIED FUNDS. MY ATTORNEY CONFIRMED… SENT BACK AGAIN,, RETURNED AS THEY HAD NOW FILED FORECLOSURE.
If you HAVE EQUITY,,, EVEN STILL,,, They really dont want your money,,, They are now getting paid our tax dollars by our government,, and they can still keep running up our tab, so they can steal when the time is right….
TRIPLE DIPPING..
VERY SAD
MLS
Sorry that you an d your parents are going through this. I would recommend you get all your docs and any notices together and find a lawyer to review with. Not worth it to go through modification nightmare w/ your parent’s condition. Agree to let AG and everyone you can know and shame the hell out of these bastards. If you need to file bk to get in front of a judge. If there is a trustee and you can make case let them know they will be sued if it is an unlawful foreclosure. Look for demand letters on this site and others such as beingmiddleclass.org
The tide is turning against them and we have the law on our side.
Dan,
Please file a lawsuit for breach of contract and fraud, to begin with, and various other claims. This is outrageous.
RLW, JD
I’m being foreclosed on by OCWEN, Deutsche, Morgan Stanley and Dean Whitter. OCWEN is the worst to try and work things out. No one speaks decent English in their Calcutta, India call – center and they DO NOT want to help – they want the property on top of their tax-dollars from the FED, tax write off, insurance pay out and title insurance pay out. I get diddly squat – even the FBI agent who contacted me when i sent their local office evidence of fraud said to me “But you didn’t pay your mortgage.” I told him that his grandfather probably worked for the 7th Cav under Custer and believed all the treaties signed with the Indians were devoid of fraud.
This is the biggest land grab since our Government stole the plains from the Natives.
At least my state AG has decided to look into my case.
Forget about the FBI. They are not looking out to help you. However, if you did the same thing to the banks, they would arrest and prosecute you. Just check out the press releases on their website.
I would even say that they are profiling for prosecuting borrowers, while ignoring mortgage fraud by the lenders.
I concur about the FBI. I sent a comprehensive complaint against JPMorgan Chase Bank with proof alleging fraudulent foreclosure practices – up to and including a fraudulent default notice. Because Chase did not have anything to do with my mortgage – while the first page of the mortgage states previously closed Washington Mutual Bank was the concern demanding the foreclosure, in small print on the second page the Notice states that payments to JPMorgan Chase Bank would stop the foreclosure. There is a lot lot more. What did the Justice Department do? Directed me to the FBI to file a criminal complaint. What did I do? Went to the FBI and attempted to file a complaint. What did the FBI do, sent one of its agents to meet me in the lobby of their office. The agent stated that it was against FBI policy to accept any documents – resulting in the agent’s refusal to accept my document evidence. The FBI through the agent refused me access to an FBI supervisor. Folks, every citizen deserves a right to some sort of inquiry into a complaint. My complaint details conduct proscribed under RICO. I am a twenty year police officer veteran. Meaning that I certainly know how to gather and present evidence in pursuit and support of a complaint. And yes, I am familiar with both RICO and the HOBBS ACT.
Bank of America to pay fired whistleblower $930,000
Published: Wednesday, 14 Sep 2011 | 6:04 PM ET
http://www.cnbc.com/id/44524991
WASHINGTON – Bank of America Corp must reinstate a Countrywide whistle-blower fired shortly after the two companies merged in 2008 and pay the employee $930,000, the Labor Department said on Wednesday.
The employee, whose name was not given, led internal investigations that found widespread fraud involving Countrywide employees. Reporting fraud to Countrywide’s Employee Relations Department led to retaliation, the employee told the Labor Department.
“It’s clear from our investigation that Bank of America used illegal retaliatory tactics against this employee,” Occupational Safety and Health Administration Assistant Secretary David Michaels said in a statement.
Bank of America disagreed. “We are disappointed with the ruling and plan to exercise our option to challenge the order,” spokeswoman Shirley Norton said by email.
“The bank’s actions to dismiss were solely based on issues with the employee’s management style and in no way related to the employee’s complaints and the allegations made in the complaint,” she said.
Bank of America has had a rash of problems related to its 2008 purchase of Countrywide Financial Corp, a major subprime lender accused of churning out loans to high-risk borrowers with little effort to check their incomes or ability to repay.
The Charlotte, North Carolina-based bank paid $2.5 billion to buy Countrywide, but writedowns and legal costs have pushed the estimated cost of that purchase to more than $30 billion.
The $930,000 payment to the dismissed employee includes back wages, compensatory damages and attorney fees, the Labor Department said.
I have attached a link from the Albert Einstein Institute. It contains a list of ways to effect change non-violently.
http://www.aeinstein.org/organizations103a.html
Not that I am opposed to the alternative….
Tim Bryant, I hate violence and am all for peaceful protests….many of these suggestions are great at this website but I think at this point our money is what will do the talking….I have believed for a long time that a nationwide tax revolt is in order as well as a nationwide boycott of the banks and use of their credit and debit cards, all credit use should be abolished by the people…..This has to be indivisible from sea to shining sea….. This tyranny cannot survive without all of us paying into their ponzi scheme and we all have to stop paying and supporting this tyranny to effect any sort of change….We also should boycott the MSM until they start telling the truth about the Wall Street financial crimes that have collapsed not only our economy but the entire world economy…..We must all work hard to expose and rout out the traitors of America that are hiding from within our own White House and Congress…..It is said that when America’s economy sneezes, the world economy gets a cold….well America now has pneumonia and the rest of the world is on life support, it is dying…..If WE THE PEOPLE stop paying the tyranny, the tyranny will get it in a hurry…….If AMERICA DIES, THE WHOLE WORLD GOES WITH US, AND THAT INCLUDES THE RULING ELITES EVIL PLANS FOR WORLD DOMINATION……THEY CAN’T SURVIVE OFF OF A WORLD OF RENTERS WHO ARE ALL WORKING 10 BUCK AN HOUR JOBS……AND NO ONE WILL WANT TO INVEST IN AMERICA ANYMORE….THE RULING ELITE, CHINA, AND ANY NATION THAT IS PROSPERING GOT THERE OFF OF THE BACKS OF THE AMERICAN PEOPLE…..AND WITHOUT WE THE PEOPLE, THEY WILL ALL WITHER AND DIE………NONE OF THEIR WEALTH COULD HAVE BEEN POSSIBLE WITHOUT THE AMERICAN PEOPLE, THEY JUST ALL GOT WAY TO GREEDY, TOOK ADVANTAGE OF AMERICA AND DECEIVED US MASSIVELY AND ROBBED AMERICA BLIND…….. FOR THAT THEY WILL ALL PAY A HEAVY PRICE…THEY ALL NOW HAVE LOST THE TRUST AND CONFIDENCE OF THE AMERICAN PEOPLE AND THEY WILL ALL HAVE HELL TO PAY FOR THAT.
We called Citi 7/2009 to discuss other options for escrow. We prepay a year, we pay taxes and insurance when do, etc. We were told it was a state law that we had to escrow. (untrue, but did not know at the time) My husband was going to be getting a pay cut so we were trying to be proactive, (we were and always have been at this point current on our mortgage) Citi told us that what we wanted was a loan modification and they would put us in that and that was the help we were looking for (sure, right) Of course, I had no idea what pandora?s box we had just opened. (no other options were ever presented or discussed with us.
May of 2010 we were denied HAMP. BUT, we were told that was good news, we were actually back to Citi for a traditional modification. Again, no other options were mentioned or discussed with us.
The next month we get a letter to call and make arrangements before foreclosure would start. Of course I called hysterical and was told as long as I was making monthly payments and in the modification process, Citi would not foreclose (haha).
August 2010, Citi mysteriously loses my automatic monthly payment information, does not take my August payment and files foreclosure.
We get served papers and file an answer. 2 weeks later we get offered a modification, my attorney calls their litigation department, and their local attorney (calls were not returned). Modification offer gets closed. (WHAT!)
Another court date is scheduled for foreclosure. I finally got the contact in the ERU dept. Executive Response Unit at Citi and they rush and we get approved for another modification (But worse terms, only lowers interest .6% instead of 2% like previous offer (all income and bills were the same) we sign offer to get foreclosure case dismissed.
After 4 months of on time payments with the modification, we get a letter from Freddie Mac that they do not approve of the modification because of our credit (What!) and a letter from Citi to call to workout arrangements instead of foreclose (short sale, etc)
So confused and no idea what is going to happen next. Just when you think everything is going to work out and you can breathe, it all comes crashing down again. Well, yes, after 2 years of lies, and the run around from Citi, our credit is ruined. (The only payment we did not make are when we called 7/2009 and they told us to make our 1st trial payment in 2 months, I even asked about the missing 2 months and was told they weren?t needed. Then August 2010 when they didn?t take our automatic payment. This is what they filed foreclosure on. (All while I was talking to them 2 ? 3x every week!) After reviewing a ton of blogs and sites today, I will be writing my story and sending it to anyone that will listen, OCC, State representatives, Washington DC representatives, news stations, all blog attorneys in EVERY state, etc, etc!!
Carrie M – Wisconsin
Your story is heartbreaking, especially because you took proactive measures to prevent foreclosure. What you’re reporting is exactly what I fear for myself: The bank somehow “loses” automatic monthly payment information.
The Diane Rehm show has been increasing its coverage on the mortgage mess/lawsuits against banks. Their email is drshow[at]wamu.org. They may not cover your story specifically, but the subject is certainly getting their attention more and more.
Thanks k.b. I have emailed the above address. That is what frustrates me, we were told not to pay for 2 months (automatically puts us in default, then the automatic payment issue) It has just been a run around nightmare for the last 26 months. This modification we are (or supposed to be) under was even done through the ERU (Executive Response Unit) department and not even through normal customer service or loss mitigation so I have no idea what is going to happen next, just posting away, and trying to find an attorney in Wisconsin to have a consultation with and be prepared in case we do end up going to court. Getting my ducks in a row you could say.
Carrie,
RESPA vioations, for sure, file suit, naming Freddie Mac as co-defendant, in federal court, never state court, as RESPA is a federal statute.
RLW, JD
A letter sent to my Kansas Congressman, Kevin Yoder.
Hopefully you and the KS Senators have finally come to see the reality of the economy and jobs. Drop the religion and abortion issues and really work at putting people back to work, Brownback will keep trying to screw up Kansas.
The politicians from Kansas seem to be mute on the big issues of jobs and housing. Even the KS AG’s silence is deafening on foreclosure fraud. He wants it to go away, he just does not want to work on it. Why is it so hard to see that the foreclosure issue has to be solved favorably for homeowners so that housing can rebound. The banks caused the problem, LET them be penalized. Put some of the CEO’s in jail to send the right message. Forgery, fraud, conversion are all things ordinary people go to jail for —- why not banks? You are an attorney so hopefully you understand this. The banks are making you and other Congressmen look foolish — they are playing you. All they want is off the hook for all the wrongs they committed against America and its citizens. DO NOT LET THEM OFF THE HOOK.
Jobs CAN be created IF you work with the right people. People here will always want to start a business, BUT today as long as YOU let the banks right the rules, no businesses will start. The banks stole the equity from many homes, now those same banks and the SBA still require the same equity to get a loan to start a business — so how does that work??? IT DOES NOT!!!! THE RULES NEED TO CHANGE.
The rich continue to grow at the expense of others. They are not starting businesses, nor are they loaning people anything to start businesses. Giving them lower taxes will not work. HOWEVER, give them an incentive to invest in private companies — not to buy stocks in big public companies. Start a company, create a job — get a rebate or ??? Tie it together — not just a tax decrease. INCREASE TAXES BUT GIVE A JOBS TAX CREDIT OF SOME SORT. That will make the rich put their money where their loud mouth is.
Tell Romney — Companies are not people. While at Bain Capital he had the same problem — DUH. All Bain did was merge companies and put people OUT OF WORK. He has no clue how to create jobs at the grass roots level.
IF the jobs, housing and economy does not show improvement soon —- all of you who stand in the way of changes – will not be re-elected. The obvious arrogance of Boehner and Cantor is killing you. Trust me, I do not like Obama, but the Republicans need to own up to the problems they created and HELP FIX THEM. The Republicans right now are nothing more than a black eye on American politics.
I have just spent 40 or so hours investigating why we could not get a modification and through all of this research I to have written a paper that brings me to the same exact conclusion about what needs to be done and what has been done the hardworking middle class American citizen. I am hoping to send it to any one who will listen and meet with an attorney
The other question that I am asking is what happens to the homeowner who was in the MERS system and pays off his mortgage? If deeds were not handled correctly and assignments were done poorly, one day that homeowner might get a foreclosure notice from the original lender and investor. Now what? What happens when I go to sell my house that has been paid off and MERS is issuing the deed? I now have a clouded title.
Please let me know your thoughts .
MERS does not issue your deed. If you sell your house, you will be signing over the deed. Your issue, as I am dealing with now, is that because MERS has not properly, or even fraudulently, broken the chain of title, you may be liable to the purchaser of your home for not transferring all right, title, and interest in the property. Sadly, you will be liable, though it is through no fault of yours.
This is the disturbing part of activist and/or ignorant judges who uphold MERS standing. They are perpetuating the fraud, and tossing into the homeowners lap.
Hello interwebs, turning to you all and looking for help!
A paid-off property in my family was foreclosed on by an HOA, without due notice. We received an eviction notice from the ‘new owners’ yesterday when we stopped by to check on the empty place that is being shown. We have such little time and any help would be so appreciated.
My Grandmother lived in and bought her condo 15 years ago with cash. Grandma died in 2010.
Her son, my father, was the Power of Attorney in charge Grandma’s estate. Dad was diagnosed with cancer in 2008. When he received notification from the HOA that Grandma’s property would be in foreclosure due to owing one years worth of HOA fees, he was weeks away from passing and was not coherent, so no one knew this was happening. The HOA says his spouse signed for the paperwork, as she was with him along with his children, providing hospice care to him in his home. Dad died in February, 2011.
In about January, 2011, the condo was placed on the market by my father, and was being shown to many potential buyers.
After dad’s death, my sister became the Personal Representative of Grandmas estate in June, 2011. This was after the first notice was sent in February, but before the foreclosure auction of the property which happened a few weeks ago. My sister was not aware that any fees were due, and was not receiving any correspondence from the HOA, because it was being sent to my dead father (The HOA personally knew my father and was aware both he and my grandmother had died).
My sister continued with the same realtor and proceeded to show the property through all of this. The buyer as well as the condo community came into the apartment, saw it was being shown, also used Open Houses from our own realtor, listed it themselves, then finally auctioned it off, all without every telling the realtor that frequently would talk to them as she came into the building to show the unit.
On August 31st, we discovered a note on the unoccupied unit saying there was a 3-day notice to evict. While we are inside reading the letter, someone uses keys and enters the condo stating that he is the new owner, and that he has purchased this unit a few weeks ago at a foreclosure auction. He looks shocked and nervous to see anyone in the apartment, and asks “Are you showing this unit?” We are clearly stunned…I believe they were hoping no one would come by the unit for those 3 days, but it was a huge coincidence we stopped by.
This man begins to try and bargain with us…he wants to “make us a deal” or “work something out” or “bless this sale” or that he is willing to take $10,000 for his time. He was trying to wheel and deal after he had legally purchased a property and seemed incredibly suspicious and nervous.
Obviously, the HOA took the fees owed to them and placed the small amount that was left from the dirt-cheap sale into a trust account for the estate. We have no idea how to proceed and need help quickly. Someone told us that because someone signed for papers in February, that we have no case. But it seems to me as if there was absolutely no other attempted correspondence, and that the realtor was purposely not notified, and that my sister was not at any of the hearings, that something illegal took place in the crazy world of HOA foreclosure.
Please – any direction to Colorado laws on this, articles, or advice will be so so so appreciated. Thank you.
http://www.change.org/petitions/the-banks-immunity-home-owners-securitzation-bank-fraud-predatory-lending
Was re-organizing some things and sat down and re-read Chase’ QWR response received a few months ago. This is funny – in response to question in connection with assignments of the mortgage (which supposedly exist due to different foreclosure attempts filed in different names), Chase’ response was: Check with your local registrar’s office.
This was a “portfolio loan” so their file should show exactly who they assigned it to. Guess they don’t even know, huh? Nothing on file w/the registrar, of course. This would be funny if it wasn’t so sad.
This article (Forbes dated 8/22/11) is concerning, since it appears the banks may not be held accountable. http://news.yahoo.com/bank-americas-no-good-very-bad-enablers-170931303.html
Disgusting. I just went to the websites for the governor and attorney general of my state, and that of President Obama (Whitehouse.gov and then Contact Us) to let them know my stance. You, too, can take 10 minutes online to let your voice be heard. If you don’t let them know, they can’t hear you!
I have been reading all the posts and understand that I need to write to Bank of America, N.A. (California) and ask for the documents that create the securitization of my property including (I think) Mortgage assignment, mortgage, promissory note and whatever other documents I hope you all let me know I need. Many thanks.
I sent a qualified written response to Bank of America N.A.’s Customer Service Correspondence address, which was on a recent “Notice of Transfer” BofA sent.
Here is a URL from BofA with the address for correspondence: http://promotions.bankofamerica.com/respa/
I had my QWR notarized and CC’d many financial institutions (FYI, the duties formerly with the Office of RESPA are now being handled by the Consumer Financial Protection Bureau. However, after further inquiry, I understand the Office of the Comptroller of the Currency is handling RESPA requests, and the CFBP will take over “soon”). The OCC has a customer service address in Houston you can send a copy to. I could not find an address for the CFPB.
Also, please keep in mind the Dodd-Frank Act of 2010 amended RESPA so that the banks have 5 days to respond and 30 days to provide you with the requested documents/information regarding your loan.
AMAZINGLY, the bank got back to me the other day. However, they only sent a copy of the loan history — all the monies they took from us — but nothing regarding the note or securitization. Go figure
You can find decent copies of QWRs online that you can add your own “touch” to, so to speak. Most importantly, though, I would have it notarized and make sure to include your loan number on all documents (I also included the acct number). I numbered and initialed each page. Good luck.
Better yet, I am looking for a sample of SPS’s famous signatory MERS authroized signer Bill Koch
call me 248 247 2408 if you have a sample
I have Bill Koch Documents as “document controller” at SPS. This is from a federal case:
Melanie Cornell v. Select Portfolio Servicing Inc
write me for a copy of the documents which are part of a federal case right now in Sacramento CA. Lot’s a good stuff, expert witness affidavit as to Koch’s various titles and status as infamous robo-signer.
Fraud involving the Obama Chicago residence?
http://www.wnd.com/?pageId=332929
SEC May Have Destroyed Papers on Bank Probes
http://www.cnbc.com/id/44179632
I’m pretty sure the RESPA rules have officially CHANGED FOR THE BETTER thanks to the Dodd-Frank act. A lot of the amendments took effect July 21, 2011. My friend checked Westlaw and said it should be in effect now.
From the Dodd-Frank Act of 2010, section 1463 (the good stuff comes on page 809):
http://www.sec.gov/about/laws/wallstreetreform-cpa.pdf
(c) DECREASE IN RESPONSE TIMES.—Section 6(e) of the Real
Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605(e)) is amended—
(1) in paragraph (1)(A), by striking ‘‘20 days’’ and inserting ‘‘5 days’’;
(2) in paragraph (2), by striking ‘‘60 days’’ and inserting ‘‘30 days’’; and
(3) by adding at the end the following new paragraph:
‘‘(4) LIMITED EXTENSION OF RESPONSE TIME.—The 30-day period described in paragraph (2) may be extended for not more than 15 days if, before the end of such 30-day period, the servicer notifies the borrower of the extension and the reasons for the delay in responding.’’
The rules were also amended to increase the amount of money a borrower can receive due to lack of response, from $1000 to $2000.
I have sent a QWR and never heard back. It’s been almost 20 days, so according to this they have just 10 more to get back to me with the requested documents, or 25 with an extension. WAY BETTER THAN 60!
http://www.reuters.com/article/2011/08/11/financial-regulation-mortgages-idUSN1E7790Q820110811?feedType=RSS&feedName=financialsSector
BofA is on death watch… http://www.americablog.com/2011/08/increasing-bank-of-america-death-watch.html
Just wondering if anyone thinks the new law beginning in Nevada AB 284 Oct 2011 will have a adverse effect on MERS. It sounds like Nevada may be the first to hold MERS feet to the fire, comments…..
MERS should be affected and stopped, as best I understand it. Making Home Affordable Modification Program (HAMP) seems to be the more helpful way to go. My concern is that ab 284 doesn’t take effect until October of 2011.
My biggest worry is for the homeowner who is just fluent in his or her home country language, are still learning English, are citizensof this country and get hornswaggled into signed documents to save them from foreclosure simply because the company advertised in the Spansh media.
BTW, once you get as old as I am (71), you become suspicious of companies who advertise in another language but have the people so attracted by the ads, sign papers in English only.
I am suspicious of companies who just popped up in Nevada within the last 6 months, and seem to change the employees by name online every month. It appears that such a firm as PUBLIC INTEREST LAW is such a firm. I have nothing to do with them–thank God! I am just nosey. I have time. so, I do online research. I learn . Scarey firm. Not even accredited with the BBB. I say: beware. gh
I ReAlLy wish more people would tweet and post these articles. The more the internet is flooding with the posts the more attention we will get. This is one way everyone across the country can make us heard. What the non foreclosures don’t realize is they are ignorant to the ways of our country. America will be known (if not already) as “The Land to steal opportunities”
. None of these bank CEOs and Title Company’s CEOs and their boards should be able to abscond with their illegal gains from the citizens of this country.
This is what forfeiture laws are for. We must recognize the issue and unite. In the 2012 election, It is important that we all pay attention to every presidential candidates funding from banks, title companies and all the crooks that are wanting the Constitution of this country to go under.
If you have an account, you don’t have to “follow” it will give the option though. You should be able to just select “Tweet”, it works like the “Recommend” button for FB. Sometimes the “tweet” (it will post link to your twitter account) will be more letters than can be tweted, so I just take out some of the description but keep the link. Hope it helps, they track internet “chatter” Let them Hear us ScReAm.
Good question
I am not computer savvy with Twitter .
I am sure there are others like me.
I know I pressed the” follow me” button on the foreclosure site but I was lost
as to what to do when I got there, so I never did it again.
So Justice4all can you give us just what it is and how to use it.?
if you go to the Twitter website and create an account, it will allow you to ‘follow’ other Twitter users. for example, 4closurefraud.org has its own twitter username (also referred to as a ‘handle’): https://twitter.com/4closureFraud
once you are registered, you can ‘follow’ @4ClosureFraud on Twitter. Any time they post something, it will show up in your ‘Twitter feed’ (which is what you see at your Twitter homepage).
on Twitter, you can also send “public replies” to users by typing the ‘@’ symbol followed by their username. for example, to mention 4ClosureFraud on Twitter, just type in “@4ClosureFraud” and they will be notified of your tweet.
here are some recommended Twitter users:
https://twitter.com/#!/ForeclosureEvil
https://twitter.com/#!/4closureFraud
https://twitter.com/#!/HousingWire
https://twitter.com/#!/Din_SFLA
i hope this helps.
MERS Changing it Name in Every State
In light recent cases against MERS, MERS is changing its name in every state (to a different name in each state). It is important to find MERS’ new name in your state when researching controlling MERS-related case law in your state.
I do not have the official list of names. I just know that MERS is changing names in each state and is now known in Texas, MERS is now known as ALTEC PROPERTIES, INC.
Fidelity National Title is looking for help in reinventing itself,
since their fruaulent and forged deocuments are exposed
and on the firing line.
I would be on the lookout for similar corruption as Lender Processing Service
and LPS DOCX documents, under a new name.
Loan Service Processing is/has changed it’s name in California to LSPASAP. On their website you must be careful when examing whether or not your house sale is pending, at the proper time and the actual date. Be Cautious they do not use the County issued, Clerk/Recorder’s filed TS# (Transfer of Sale). In many cases, they (LSPASAP tries to confuse the homeowner) by listing a loan number instead and NOT the County issues TS#. Thay have also left off the County TS# (using a false TS#, loan # or system generated number on their documents (I have 5-6 different numbers on separate documents generated by LSPASAP.) They do the same on their “posted” documents at the homeowner residence: They use numbers OTHER THAN the County filed TS#. They also have made “frequent” mistakes on their website) concerning dates and times of proposed sales that are wrongly posted on their website: It is notoriously inaccurate. You MUST check with the County where the sale is to take place and verify the information and document these mistakes. In CA these CAN BE GROUNDS to set aside proposed sales, or sales which were illegally held,) according to my attorneys. I fought like hell for 15 months to get my Mod from Wells Fargo. It’s approved and they have taken my house out of the foreclosure process for now. But, I watch these people like hawks and will NEVER let my guard down. I have fought like hell for my home and won’t stop until my attorneys convince me I am “out of the woods.” God Bless to all of you, The Very Best of Luck to all of you!!! American middle-class people are being robbed because of all of this craziness. We need to get rid of Obama, Congressmembers with over 4 years tenure and almost the entire Senate to return America back to the Americans who built this country before it is too late for our children and grand-children, to have a decent life. That’s NO JOKE! (my best, ce)
405 N.Lakeside Drive, Lake Worth 33460, was financed through MERS.Since then ,
vacant for 4 years,growing termites,rats and mold, as we are near the water..Subsequently wound up in the hands off David J Stern,P.A. of Palm Beach post reported under investigation
reputation, then Case , Court directed to be transferred to Ezra-ben Katz, after Case Management hearing, directed to Kahane & Associates,P.A. in same Town,Plantation Shopping strip.
An elderly couple(80 and 94) Mr.and Mrs. Valenti of Pennsylvania, signed for Kahane & Assoc.P.A.
in good faith, an
all Cash Contract for purchase of 405 N.Lakeside Drive, Lake Worth with $5,000,- cash deposit, which I faxed to Kahane &Asssociates, to that firms’ para legal, Caroline Marquez, formerly with David Stern.
This person referred me to a “Last” Mitigation org.???? with a non-working phone number, 808-737-1192 !
Then an extension 2400 which was not manned.I deal with real frail live humans.
For humanitarian reasons I am requesting your Honor,
that you direct this 3rd Lawfirm to effect the sale of above home to Mireille Valenti(husband Michael, is nearly totally blind , afraid of snow)
a.s.a.p., as they have not much time left, for questionable Law firms created delays.
Please direct them to do the necessary , to effect this purchase.,so that they can move here ,before winter!!
With my most gracious thanks,
I am,
Dee McNamara,Realtor at Realty of the Palm Beaches,Inc.
An elderly couple,clients of mine(80 and 94) has sent a Purchase Contract for 405 N.Lakeside Drive,L.W.33460
with a $5,000,- good faith deposit check to Kahane & Associates,P.A., which acquired control of it,after , removal from Daid Stern,P.A. then to Ezra-ben-Katz, then Court directed to Kahane Associated,P.A.
all in the same location.
This Contract was invited by their para-legal(formerly of David Stern) Caroline Marquez, to whom i faxed it.
She claimed submitting it to Bank United, she asserted to be the owner .
After 2 weeks I asked what progress was made. I was then referred to a”Last Mitigation???” with non working phone number:808-737-1192.
Then to extension 2400 unmanned number.We have no right to play with human lives.
Your Honor, I request for the sake of humanitaruin reasons , that you urge that firm to effect the sale
expeditiously, as my clients do not have much time left, and hope to spend the remainder of their lives in the Florida sun, not in their present Pennsylvania location,.
With my most gracous thanks,
I am,
Dee McNamara, Realty of the Palm Beaches, Inc.
Earlier I asked about Ginnie Mae.
I’ve found what I was asking about. If you need access Ginnie Mae to see if a loan is owned
by it, here is the link.
https://www.ginniemae.gov/lendamerica/searchLA.asp
If you have not checked out the current news about MERS on the MERS website, you should go and
read it.
http://www.mersinc.org/
MERS has been declared a correct beneficiary according to courts in Oregon
and in Montana.
Has anyone seen their Indmac/Onewest statement and notice a charge of “Funds Advanced by IMS”?
The fees are enormous.
for example:
3/18/2011- Total Fees Advanced by IMS $86,048
4/20/2011 – Total Fees Advanced by IMS = $103,410 – (an increase in fees by $17,362)
5/20/ 2011 – Total Fees Advanced By IMS = $158,671 – (an INCREASE in fees by $55,261)
This has been going on since September2010. And getting bigger and bigger.
Sure I am in litigation and they have pulled the non-judicial foreclosure from federal court and refiled it in state court as a Judicial Foreclosure. They are suing me for the house and the amount of the house if they can’t sell it at auction for what is owed. Yes looks like a deficiency (which looks like it includes the IMS funds) So are they trying to double dip for attorney fees by padding my statement and then try to get awarded attorney fees? Any one have a clue on the Funds Advanced by IMS . It all started when I original filed the court papers.
Curious and ticked off about this. My attorney is planning on getting a deposition from the banks attorney on these fees. But in the mean time curious if any one else has seen this.
We were offered a no-cost refinance back 2009, by PNC, but we were told you had to be delinquent to qualify
Was anyone on here told that as well? or Does anyone have proof that when this Government , Making Home Affordable Program first came out, you had to be behind in payments. I know they changed the guidelines after the program was up and running, but I need this research for my case. Any help would be greatly appreciated,
Is anyone familiar with GInnie Mae? Is there a tool bar similiar to the ones at
Freddie Mac and Fannie Mae? I need to verify some information I just
discovered.
Paul D Rogers
Sounds like the court or plaintiff does not have your correct address.
Get a copy of the court docket sheet for your case from the clerk of courts office.
What to do next depends on what state you are in.
You probably need a lawyer as soon as possible.
My name is James. I go by JamesM on the foreclosurehamlet website.
I don’t want to post my phone number here so contact me through the foreclosurehamelt website, and I may be able to provide some insight on what you must do next, how to find competent counsel and how to get your act together. If facing a trial date you need to move fast.
James, I see your Member Page on the foreclosurehamlet website, but don’t see a way on that page to contact you. You can e-mail me @ pigeyex@comcast.net. Thanks! I am in Florida, like you.
ok, left you a Friend request with a message at the other site. I needed to wait to get approved. thanks! I’d love to work something out with BofA, but it would have to include a principal reduction, as I’m significantly upside-down on the house. I do notice they’ve been calling me more and more frequently in advance of this court date.
Link on rent to own, stay in home options.
Not enough on some of these sites to STOP foreclosures but good info.
http://www.foreclosure-response.org/policy_guide/help_families_recover.html?tierid=325
——————————————————————————-
Subject: Fw: Letter to a bank
Date: Mon, 27 Dec 2010 10:00:39
Sent: Sunday, December 26, 2010 8:05 AM
this letter was published in the NY Times. Maybe this woman could compose
a letter to send to the banks for illegal foreclosures.
Subject: Fwd: Letter to a bank
86-year Old Lady’s Letter to Bank
Shown below, is an actual letter that was sent to a bank by an 86 year old woman. The bank manager thought it amusing enough to have it published in the New York Times.
Dear Sir:
I am writing to thank you for bouncing my check with which I endeavored to pay my plumber last month.
By my calculations, three nanoseconds must have elapsed between his presenting the check and the arrival in my account of the funds needed to honor it..
I refer, of course, to the automatic monthly deposit of my entire pension, an arrangement which, I admit, has been in place for only eight years.
You are to be commended for seizing that brief window of opportunity, and also for debiting my account $30 by way of penalty for the inconvenience caused to your bank.
My thankfulness springs from the manner in which this incident has caused me to rethink my errant financial ways.
I noticed that whereas I personally answer your telephone calls and letters, — when I try to contact you, I am confronted by the impersonal, overcharging, pre-recorded, faceless entity which your bank has become.
>From now on, I, like you, choose only to deal with a flesh-and-blood person.
My mortgage and loan repayments will therefore and hereafter no longer be automatic, but will arrive at your bank, by check, addressed personally and confidentially to an employee at your bank whom you must nominate.
Be aware that it is an offence under the Postal Act for any other person to open such an envelope.
Please find attached an Application Contact which I require your chosen employee to complete.
I am sorry it runs to eight pages, but in order that I know as much about him or her as your bank knows about me, there is no alternative.
Please note that all copies of his or her medical history must be countersigned by a Notary Public, and the mandatory details of his/her financial situation (income, debts, assets and liabilities) must be accompanied by documented proof.
In due course, at MY convenience, I will issue your employee with a PIN number which he/she must quote in dealings with me.
I regret that it cannot be shorter than 28 digits but, again, I have modeled it on the number of button presses required of me to access my account balance on your phone bank service.
As they say, imitation is the sincerest form of flattery.
Let me level the playing field even further.
When you call me, press buttons as follows:
IMMEDIATELY AFTER DIALING, PRESS THE STAR (*) BUTTON FOR ENGLISH
#1. To make an appointment to see me
#2. To query a missing payment.
#3. To transfer the call to my living room in case I am there.
#4 To transfer the call to my bedroom in case I am sleeping
#5. To transfer the call to my toilet in case I am attending to nature.
#6. To transfer the call to my mobile phone if I am not at home
#7. To leave a message on my computer, a password to access my computer is required.
Password will be communicated to you at a later date to that Authorized Contact mentioned earlier.
#8. To return to the main menu and to listen to options 1 through 7.
#9. To make a general complaint or inquiry.
The contact will then be put on hold, pending the attention of my automated answering service.
#10. This is a second reminder to press* for English.
While this may, on occasion, involve a lengthy wait, uplifting music will play for the duration of the call.
Regrettably, but again following your example, I must also levy an establishment fee to cover the setting up of this new arrangement.
May I wish you a happy, if ever so slightly less prosperous New Year?
Your Humble Client
And remember: Don’t make old People mad.
We don’t like being old in the first place, so it doesn’t take much to piss us off.
What a creative witty piece of writing!
And how upset that we are treated this inhuman way.
So sad that it has become a new norm with TBTF.
Even though it needs to be somehow supervised, checked, and controlled, still it is impossible to control every setting and action of the companies we deal with.
Maybe we should forward it to FCC for their consideration?
Those who run the automated world need millions of such introduced into their lives.
Also, excellent letter writing, with complete sentences no less!
It would be wonderful to wake up one morning to know that millions of folks all over this
blessed country have woke up, pissed off from being pissed on for generations.
We could use a nice tsunami of cleansing anger, root and branch cleaning
Many thanks to whomever wrote that wonderful letter!
Dylan Ratigan talking about fraudclosure on MSNBC right now
Take back our homes, our jobs, our country
God Bless The USA
Good information
Any time you call an 800 number
(for a credit card, banking, charter communications, health and other insurance, computer help desk, etc)
and you find that you’re talking to a foreign customer service representative
(perhaps in India, Philippines, etc),
please consider doing the following:
After you connect and you realize that the customer service representative is not from the USA
(you can always ask if you are not sure about the accent),
please, very politely
(this is not about trashing other cultures)
say, “I’d like to speak to a customer service representative in the United States of America.”
The rep might suggest talking to his/her manager,
but, again, politely say, “Thank you, but I’d like to speak to a customer service representative in the USA.”
YOU WILL BE IMMEDIATELY CONNECTED TO A REP IN THE USA.
That’s the rule and the LAW.
It takes less than one minute to have your call re-directed to the USA.
Tonight when I got redirected to a USA rep, I asked again to make sure – and yes, she was from Fort Lauderdale.
Imagine what would happen if every US citizen insisted on talking to only US phone reps from this day on.
Imagine how that would ultimately impact the number of US jobs that would need to be created ASAP.
If I tell 10 people to consider this and you tell 10 people to consider doing this – see what I mean…it becomes an exercise in viral marketing 101.
Remember – the goal here is to restore jobs back here at home – not to be abrupt or rude to a foreign phone rep. You may even get correct answers, good advice, and solutions to your problem – in real English.
If you agree, please tell 10 people you know, and ask them to tell 10 people they know….etc…etc
Mortgage Investors, Inc. Anyone know anything pertinent about this company?
Too Big To Fail is now showing on Direct TV
HBO.
whay chanel # ?
It was showing on HBO 501
Whay channel….doh ! thank you Readdocs, I missed it , but I will see it
Inviting comment on the following prior to dispatch;
June 11, 2011
John McCormick
XXXXXXXXXXXXXXX
Las Vegas Nevada
GMAC MORTGAGE SERVICER
PO Box 969
HORSHAM PENNSYLVANIA 19044-0969
EXECUTIVE TRUSTEE SERVICES LLC
2255 NORTH ONTARIO STREET, SUITE 400
BURBANK CALIFORNIA 91504-3120
Dear Sirs;
This letter constitutes a Qualified Written request as defined by Federal Statute governing the mortgage lending and servicing industries. You are attempting to foreclose on my home at XXXXXXXXXXXXXXXXXXXXXXXX.
Question? You will please tell me in what form my promissory note of June 2006 is being held by the “lender” or “holder of the note” as defined in the note?
Question? Is the note being held in its original form or is it being held as a “Transferable Record” as described in Public Law 106-229, Title II Section 201 of June 30th 2000?
If the note is being held as a transferable Record [and I have good Reason to believe that it is], then I hereby demand my rights under Section201 (f) TITLE II of Public Law 106-229 of June 30th 2000. That is, I demand that you provide reasonable proof that you are in control of the transferable record. Since you have, in the past provided me with several disparate copies of the note and I maintain these in my possession, I further demand that you grant me “access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record”
Sincerely Yours,
__________________________________________
John McCormick
Hello Mr. McCormick, My name is Juanita and after a long and longer battle with mortgage fraud, I discovered MERS Jeffrey Stephan had signed as VP for MERS or GMAC one or the other. Because I had default judgments against all those involved in the mortg fraud ring, I needed only to prove that US Bank did not hold the original title to my home. Actually, the bank should have proven they held the title or note. Well, in the end it didn’t matter one way or the other. They only answered once that they rcvd the loan through a “grab bag” style process from GMAC. I had all my hope in thier case being invalid or dismissed but not here in California. The banks will keep you in paperwork, with questions and answers, depositions that cost me $3000 each time and just round and round until we could not afford to continue fighting a business with ATM machines. So now my family and I after fighting GMAC, Lehman Bro, and US Bank are unfortunately forced to end this and will be literally homeless in a couple of weeks. I did prove mortgage fraud against us, I did nothing wrong, but there is no justice for my family. I fought in civil court for just about 5 yrs now, i stongly suggest you have an attorney file a restraining order against anyone or entity that tries to foreclose on you until you’ve had a chance to prove your case. I believe its called a lis pendis. This will make it much better for you to fight your case without worry about the other side pulling sneaking stuff out on you. Like a bank we never heard of until 4 yrs later saying this is their home. It doesnt make any sense to me how a bank can claim my home with 1 piece of invalid paper. im told the cases regarding MERS are not the same here in California. I wish you all the luck and strength in the world. Dont Give Up!
Good to see you are still positive and helping others.
It seems MERS may not be a strong case in CA unless there have been mistakes or cover up in recording process.
You may want to look at other issues such as predatory lending or fraud in origination process.
Did you have loan audit or appraisal audit done? Try these guys if not -
http://diligencegroupllc.net/about-us/
http://www.mainstreetresolutions.com/ – can do test online
-> their review site http://www.myhomeowneradvocate.com/
Here are some resources they provided
RESOURCES IN CALIFORNIA: (NO COST TO THE HOMEOWNER)
Legal Assistance. (Their names were given to me by a North West Regional Intake Supervisor at HUD)
Housing and Economic Rights Advocates (HERA)
Phone (510) 271-8443
Fax (510) 868-4521
E-mail inquiries@heraca.org
Hardest Hit Program – (Take a look to see if your lender is listed and the income guidelines. This program is new and could help some people)
http://www.keepyourhomecalifornia.org/participating.htm
A Fair Housing Complaint can be more effective than lawsuit I’m told. Still going through process myself.
You too can rent a “virtual office”, just like MERS…and all the other companies jammed into Suite 500
https://www.davincivirtual.com/loc/us/virginia/reston-virtual-offices/facility-848
http://maps.google.com/maps?q=1818%20Library%20Street,%20Suite%20500,%20Reston,%20VA%20,%2020190,%20US
http://www.mersinc.org/contact/index.aspx
Let’s see, a virtual office, no employees, and “members” who claim to be employees. Sounds legitimate !!!
I Just want to vent a little here. I have been contacted by the FL BAR about a modification that was a joke that American Residential Law Group which is own by two FL lawyers Oscar Estevez & Joel Jacobi charged me $1395 and took the money and ran.
First thank you to the FL Attorney General who forward my complaint to the FL BAR. Thank you to the FL BAR for looking into this matter.
Now here is my vent. I am from GA. I have seen so many people on foreclosure sites from FL begging for help. Why is Florida not helping their own? Why is GA not helping their own?
.Two law firms from GA McCalla Raymer & Pendergast & Jones have now open offices in Florida. Are they not making enough money off of GA homeowners who are being foreclosed on?
These firms need to be kicked out of Florida. We all know Florida has enough of their own questionable lawyers they sure do not need ours from GA.
Pendergast web site list at least 100 foreclosure a month on their website http://www.penderlaw.com. I checked yesterday and only one did not have a bid. Who is buying these houses?
Kay Mixson Jenkins, Many of the foreclosures are being purchased by foreign interests. Here in Nevada there are many properties sold to Canadians. Did anyone hear the story on this morning’s new about the federals wanting to raise the minimum down to 20%? That will indeed help their plan to continue the meltdown. It’s time to change the name from “recession” to “Government sponsored depression”. The end game is to create a debt peonage in America. As we speak, the internationalists are attacking Northern Africa with the intent of creating a peonage in that area. It’s time to cut our ties to “free trade” the IMF, and the FED. Tariffs on foreign goods will force the factories ( and the jobs) back to America. Time to change our monetary system!
I agree. The more I get involved the more contradictions there are. Politicians, academia, policy think tanks are all on board w/ pushing people out of their homes. This goes beyond class and party. Liberalism is dead in our institutions (small l) but not in us. We have to go beyond liberty of taxes but think of all of our rights to life and the pursuit of happiness. Strange day!
Real Estate forms for Florida. This site is for investors, but the forms could be used to turn the tables….
http://www.mortgage-investments.com/Real_estate_and_mortgage_Forms/form_fr.htm
I’m here writing on behalf of my mother. She received a letter from BoA (constrictor) today stating her former Countrywide loan — now serviced by BAC Home Loans Servicing, LP — will “transfer to our parent company — Bank of America, N.A.” come July 1.
Her mortgage was with Countrywide, but according to Broward County public record it was transferred to MERS for $10 in 2005 a few months after purchase. She’s paying $2900 (w/ insurance) ALONE, BY HERSELF, every month. And it keeps going up. They even wanted to charge her $3000 to get her now ex-husband off the mortgage, even though she had a quit claim deed, divorce papers, etc etc.
These people are criminals.
She’s underwater by about $30K — not much, but it would help — and she is going to be paying this by herself for a long time, unless we work together. She’s got too much pride to stop paying. We shop smart, her credit is stellar. (To give you an idea of how she is with money, we were watching a Suze Orman special for the first time the other day and Orman listed ever money mantra we’ve always lived by.) My mom deserves better than this. I live at home and I hate to see how heavy this house weighs on her, in turn weighing on me. With my income, we just get by. But we are getting by.
Does this mean MERS will no longer “hold” the note? Is this going to be another $10 transfer, and quash my dreams of filing the paperwork to ask where the original note is? Because I am ready to begin the process.
Any advice is greatly appreciated.
MERS cannot EVER “hold” a note. That would be banking, and they are not a bank. They have even argued that they do not hold notes in court, to avoid having to be regulated as a mortgage broker and/or bank.
Submit a Qualified Written Request to the “note holder” at the address stated in the note itself. If that is no longer valid, too bad for the bank, because they are required to notify you pursuant to those documents, of where to send “notices”. You are abiding by the contract, they are not.
Unless he has died, only your husband or a court can get his name off the mortgage. If that was not specified in your divorce papers, the bank is SOL without his acknowledgement.
If you had a Countrywide loan, as did I, chances are the note and or mortgage docs were never transferred during the securitization process. They are either using info in MERS and / or public records.The probably want your ex-husband off the mortgage so they can draw up an “updated” contract, where you will essence sign away your legal rights to challenge that they have an instrument in the note or mortgage. That is what they do with loan modifications.
Thank you, Tim! I found a copy of a QWR to send from Scribd (looks like there are many to choose from). I’ve read through it a few times, and it seems sufficient. I’ll be mailing it off tomorrow.
Do you know of any language I MUST include in a QWR? And, more importantly, do you think it’s okay to have only one borrower sign the QWR? I can also furnish a copy of the quit claim deed in addition to the QWR if you think it would help.
Thanks again!
Use whatever they have as a template. The wording should also reference your own state’s laws. Whoever is responsible under the note and mortgage should sign.
I am a victim of a loan mod/principal reduction scam. I was contacted in Sep 2010 when the Notice of Default was filed in the San Bernardino County Recorder’s Office. The company that contacted me was Goldenkey Financial Services at 255 E Broadway Glendale, Ca 91205 contact person Daniel Hernandez (818)536-7442 and (213)804-2165 dhernandez.goldenkey@gmail.com. Others there that were involved in the initial meetings and instrumental in the agreement process were Fabian Ramirez and Alex Munoz. We did not know the process at first, we were only told a generic outline of events of how the principal reduction program worked. We later found out that they were working with Qubelink Financial Services at 255 E broadway Glendale, Ca 91205. Other aliases are Globus Management Services, EZ Management Services or Foreclosure Stop. FBN Filing # 20110461339. Initially, we worked with Dante La Madrid dante_lamadrid@yahoo.com (no known telephone #) and then later Ricardo Ligad (818)207-5264 rick@qubelinkservices.com. We were told that the fee was approx $5000 per house to be involved in the program, but we had two houses and we received a discount and paid only $6000 for the both. Sometime later during the process I was asking my wife what was going on and what were they doing. She could not explain so she scanned/emailed me the documents (I was in Afghanistan) and I began to review them and was confused to what they represented. I began to research online particular wording on the documents such as, ‘Accepted for Value’, ’Returned for Value’ and ‘Exempt from Levy’. These particular phrases led me to the whole Sovereign, Secured Party Creditor Movement. I began to learn that they were attempting to, in essence, through the use of the Uniform Commercial Code, Admiralty Law, Trust Laws and Bankruptcy Law capture my “Strawman” account at the US Treasury Dept. in order to discharge my debt with Aurora Loan Services. At this point, I began contacting Qubelink trying to get answers to what this process was and copies of what they were doing. I was met with a brick wall. From the end of May until this date, June 9, 2011, I have been in contact with Ricardo who has been avoiding all my questions and when he did respond he was rude and inflammatory. This is when I ended our agreement and asked for a refund of $6000 that we paid upfront. To date, Qubelink has failed to cooperate or negotiate the return of our monies.
If anyone has any information about these companies or persons contained within please contact me at willsytyle1970@yahoo.com
Keep an eye out for short sale scam as well. Also, CA AG Harris started task force so should file complaint.
http://www.latimes.com/business/realestate/la-fi-harney-20110605,0,7259629.story
“Short sales may be targeted for fraud
A study estimates that banks and distressed home sellers will lose more than $375 million this year when they sell undervalued houses to tag teams consisting of realty agents and investors.”
“But the bottom line here, as seen in the Connecticut guilty pleas, is that short-sale thievery is federal bank fraud. Realty agents and investors who participate in these schemes risk prison terms of up to 30 years, big fines plus restitution of the funds they stole.”
By Kenneth R. Harney
June 5, 2011
kenharney@earthlink.net
Here’s another short sell. …homeowner set up for a foreclosure, and offered a short sell to keep the foreclosure from ruining their credit. The real estate agents/broker and the investor are already set up.
The foreclosure nearly happens leading to the short sell. The investor is already placed, maybe already
put money on the table for the property. A threat of a lawsuit is the only thing that kept the foreclosure
from happening, due to the fact the property owners were never contacted and informed a foreclosure
is imminent.
The criminal act starts with the mortgage payments for 2.5 years being diverted from the account
assigned to recieve the payments. The foreclosure is attempted. In the ensuing 6 months an offer
is made to the owners, making up the missing payments and continuing to pay off the mortgage.
The payments are missing alright, going into another account to make it look the owners had gone into
default.
How many others has had this happen to them? How many have lost years of investment through no
fault of their own, having to walk away after being defrauded. This case happened back in 2005, and
still has had no resolution.
That should be put up in a hall of shame! That’s what we need so people understand it’s not just bad homeowners, MERS etc. The fraud is deep and layered. Need to stay in your homes if it makes sense and verify if MERS or some other layer before you sign or do anything.
This was too funny not to pot. The Fed actually has a Mortgage Foreclosure Resources link on their website…. Does the devil have a link on how to get to heaven?……LOL………….
http://www.federalreserve.gov/consumerinfo/foreclosure.htm
thank you tim!!! they are so funny arnt they. waht a flipping mess. i am so stressed over this. i should sue wells fargo for pain and suffering. thank you for all your help and support through this, the truthy is almost finally out there
We need a little humor every now and then, because this is a very stressful situation. Don’t let it eat you up. Live to fight another day !!! We can learn to laugh at the most ridiculous stories associated with the cause. Consider it like a soldier who goes into war and gets a morbid sense of humor. It’s not that he is an abhorrent person. It’s a humor used for the brain to help deal with a very real high-stress situation.
I don’t like to talk about myself much, but, this one is for everyone on here. I know the effects of what a high-stress situation does to you, since I suffer from Post-traumatic Stress Disorder (unrelated to this mess). If I knew then, what I know now, things might have been different. You need to develop a certain sense of humor, not as any disrespectful or morbid behavior, but as a coping mechanism for your brain. There are worse things than losing your house….your family, your sense of humor, your ability to socialize, and if it gets carried away, your mind or your life!!
When we post some funny comments, or the laughing mouse, take it in stride. It is only a stress reliever. I see comments on here from people who REALLY need to step down and see what is happening to them…nothing is funny. If anyone here is at that point, you need to see a mental health professional. That is not a statement that you are crazy. It is a statement that the traumatic effects of your situation are having negative effects on your mental health. You need to recognize this and seek help. As I said earlier, you need to live to fight another day……OK, I am done.
Ha Ha…
That link was brought to you by………..
Yep The ugly hang together.
This information was prepared by the following federal agencies: Department of Housing and Urban Development, Department of Justice, Federal Deposit Insurance Corporation, Federal Housing Finance Board, Federal Reserve Board, Federal Trade Commission, National Credit Union Administration, Office of Federal Housing Enterprise Oversight, Office of the Comptroller of the Currency, Office of Thrift Supervision.
Tim
I am at the library. I hqave a new Dell lqaptop so it is not my computer that causses me troubles and now being able to post.I think Astirua Federal the bank that sold my property without owning it has a second computer on my Internet line enabling them to watchm alter, screen and delete whatever I do. Yipes.
That 2009 decision was the Appellate Div. covering up for Judge Schlesinger’s Dec 4 2008 decision. Both of those decisions read like an LLPS DOCX document altering the facts and the dates.
From the Appellate dec. I went directly to the NY Court of Appeals and Chief Judge Jonathan Lippman decided on Oct 15 2009 “Miotion for leave to appeal dismissed upon the ground that the order sought to be jappealer from does not finally determine the action within the meaning ofthe Constitution I could not get a final determination.
In 2009 I wrote a little book (19 pages) about what started out with the bank hiding 4 of my mortgage checks to fake a default and then their never ending conspiracy of how to steal property
I have a PO ML- box 154 WEST sAYVILLE ny 11796. if you could drop me a note how to contact you I would love you to read the transcript of what is hapening to me and the part the judges play in foreclosure fraud in NY (even tb c/o a candy store in your neighboor hood.) Thanks m.
tbryant80@comcast.net
As I am not home frequently, it is easier to get a hold of me through email contact. I can send and receive info quicker that way…..thanx
I just sent this letter to NY AG Eric Schneiderman. It is another aspect that needs to be addressed;
Thank You. The following information has been submitted:
Form submitted on June 7, 2011 9:17:24 AM EDT
Personal Information:
Mr Tim Bryant
XXXXXXXXXX
XXXXXXXXXX
XXXXXXXXXX
Comments:
As part of your investigation of
mortgage servicers, you may want to look
into “captives”. These are the banks
offshore facilities they specifically
built as part of the origination and
servicing operations. If they try to
deny their existence to you, here is an
article proving such…
http://www.nationalmortgagenews.com/nmn_
features/vendors-bundle-outsourcing-
tech-1025059-1.html?CMP=OTC-RSS
Hi Tim,
Thank you for sending your comment to the Attorney General.
This is an automatic confirmation of your e-mail to us. Please do not respond to this message.
We received your message on June 7, 2011 9:17:24 AM EDT
Thanks,
New York State Attorney General Web Team
Tim
If there were more Tims we could untangle this massive fraud quicker
I will get back to you on my concerns about where I go from here regarding fraudulent documents since Judge Schlesinger wrote her own fraudulent opinion and five appellate judges covered up for Judge Schlesinger and wrote an opinion with false information and false dates. They won’t care much that the attorneys lied, the judges did it too.(Judge Schlesinger is in the unique postition that should never would have been a Supreme Court Judge, if it weren’t for the fact her husband Tom Nooter is a criminal attorney and a leader in the democratic party and very much a part of the nominating committee for Judges. )
Marilyn,
I thought you might get a “little” relief from this…. http://www.therobingroom.com/newyork/Judge.aspx?id=1117
I just read the 2009 decision in your case. She was pretty brutal in her decision. Your appeal would be timely if it starts tolling from when you first uncovered the fraud….if you can prove it. She may have a different attitude in that setting.
Your link no longer works. The page has been removed.
Page Not Found
We apologize for the inconvenience. The page you’ve requested does not exist at this address.
To report a missing link or to get assistance, please call our customer service department at (800) 221-1809, 8:30 AM – 5:30 PM (EST) or e-mail Customer Service.
Which link was this for?
http://www.ag.ny.gov/contact.html
Tim,
The Mortgage news .com link.
http://www.nationalmortgagenews.com/nmn_features/vendors-bundle-outsourcing-tech-1025059-1.html?CMP=OTC-RSS
Even HUD questioned whether it was a legitimate secondary market transaction. HUD must have forgot about this issue…. http://www.mortgageservicingnews.com/nmn_features/hud-examining-captive-1022486-1.html
Tim,
Off shore makes complete sense, Why would the servicer conduct their fraud here on American
soil if they had a choice.
So much has been exposed in the last 30 days, Keep the faith. The banks are bound to fail again.
Hopefully we Jail the head’s of the snake soon !
Thanks
Read this and tell me if it sounds like history repeating itself….
http://en.wikipedia.org/wiki/Shays%27_Rebellion
I left out that the government has been preparing for another revolution for a while….
http://en.wikipedia.org/wiki/Rex_84
And for those who think the government cannot take back the country from Wall Street, oh yes they can. They have a very powerful tool. It is whether they have the intestinal fortitude to use it for it’s intended purpose, and not to oppress the citizens…. http://en.wikipedia.org/wiki/Posse_Comitatus_Act
“Influence is not government.
Let us have a government by which our lives, liberties, and properties will be secured, or let us know the worst at once.”
– George (the man with a plan) Washington
I feel like that Dan cat in the photo, complete with grimmace and with hand on sword, not weiner, sword. Speaking of A.W., ask our Congressman what he learned this week in show and tell. Specifically, it is always best to start with the Truth…Arnold, Mr. Edwards, would you gentlemen agree? Start with the truth…third grade stuff right?
Right Toni Francis, Bob Hendrickson, Donna Black, Mike Fischer, (v.p of Fraud) and assuming he exists and is a real, not just a robo, ‘executive’……and of course their attornies of Ringert Law, Laura Burri, and their sleazy real estate agent of Real Estate Royale, also of Boise, Idaho. RICO all the way. . . . MetLife is FretLife…known offenders / usual suspects.
Oh and did you see that Rep Bauchus of Alabama has suggested that American’s need less/fewer Federal Programs to help Americans avoid foreclosure. Huh??? Fewer than none? There is no value less than zero.
The Federally Funded Banks being paid to help you and your neighbors are just pocketing the coin…again, the answer is simple, let the People pay what they can afford to their Casino…..and the Casino accepts payments on 30/35/40/45/50 yr schedules and offers Flexpay Programs. No extortion, no perjury, no court cases, no false accusations, just pleasant streams of incomes…..because really, in the end, the Customer, is, once again, always right….. Or the whole system can Buffalo Jump off the cliff, think Road Runner when he Wylie goes just a bit tooooooo far. You know the scene.
Put some Federal muscle around this – Flexpay system and you have a game changer. Then find the last person holding the ‘bag’ on the securitizations ‘products’ (in the World) and offer them full value of their holdings. Then follow the paper/money trail back to the fraudulent ‘Debt Collectors’ trying to double and tripple dip and build a wall around Irving, Texas and ask that the ‘town’ be coverted into a White Collar Crime Conviction Center (no moving costs, most if not all guilty parties are already there).
Then the ‘Orphan Loans’ get picked up by the US Treasury Dept (we all call Timothy our Savior) and three things happen.
1. Trust is restored in the markets (here and abroad), Americans can travel safely again and with coin.
2. China takes a long sigh of relief and stops calling our Sec of State names.
3. The Gov’t begins to make interest income on the protection and restructuring that it provided. Think of it as ‘Medicare’ for the ailing Home Financial Sector – but a heathy (well heeled) version…….. a win/win/win…..hatrick. Complete with lessons for the future so it doesn’t happen again.
Some months you pay more, some months you pay less, alot less….when you pay less you are a customer longer……————-> more revenues for the ‘debt collector / investor / fraudster / thief’ but it is an expense you control, like an accelerator pedal or brake, there is control and flexibility in these times of instability and chaos….. Wouldn’t you would think more business is better??!!
I am not sure where these Casino Bosses went to Grad School, but personally i cannot think of any business to knowingly turn down another 15 yrs of a client’s spend if given he choice. Especially if the alternative looked less attractive by all standards, weights and measures. . . and was referrenced by the American People as “Camp Snoopy’ and “Enron Iron’….. “Killing the American Dream”, “Perjury”, “robo-fraud”, and was conducted knowingly and with malice. These acts should be treated as a most heinous crime. Ultimately, that WAS all we had here in these Unites States- the Dream of a better day and safety that the Courts and the Banksters would have a System of Checks and Balances – that no man was above the long arm of the law. Especially Banks, especially Nationally Registered and Civically Funded Banks. Can you imagine a wheelbarrow full of curreny needed to go grocery shopping…..help hold your legistltive Assymbly accountable for restoring integrity into our Housing and Financial and Judicial Markets. It’s their job. . . you pay them to DO this. Have a check in…..it’s healthy. Your Senators and Congressional Reps WANT to hear from you.
You have a voice, it works, use it. George used his…..
Especially you Mr. Francis. I hope you see this.
The Shay Rebellion is one of the major reasons for the Constitutional Congress resulting in the writing of the United States Constitution.
[youtube=http://www.youtube.com/watch?v=3ImIEcsTEVo&w=640&h=390]
[youtube=http://www.youtube.com/watch?v=23vQjYzyx9Q&w=640&h=390]
[youtube=http://www.youtube.com/watch?v=SHabpxcXK5c&w=640&h=390]
[youtube=http://www.youtube.com/watch?v=7sN974UTZOM&w=640&h=390]
[youtube=http://www.youtube.com/watch?v=OnRCc5qbmNk&w=640&h=390]
The other 4 parts are below
One thing to watch…If any of these federal agencies oversee the foreclosure process, then the “Equal Access to Justice Act” kicks in. You can read the specifics of that law here….
http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t05t08+23+1++()%20%20AND%20(
This especially applies to anyone who is being foreclosed on by Fannie or Freddie. If you dig into your securitization, and can find an agency (i.e. Treasury) who is an investor on your loan, EAJA kicks in. This is important to mention to any attorney you may consult with. If the government reimburses the attorney fees, you may not have to pay a retainer.
Tim, what do you mean by “dig into your securitization”? And how do you think it works, with attorney and Pro-se?
You wouldn’t need to go pro se if the government would reimburse your attorney fees. This is how Social Security appeals work. You do not pay the attorney because they get reimbursed. It is worth discussing with an attorney. This would also apply if you apply for an exemption from the SEC under Sec. 29 and they made (or failed to make) a decision which disregards you as party to a securitization (i.e. my personal experience). This would also occur if you have filed a complaint with Treasury that the lender / investor violated the terms and conditions of HAMP. It is Treasury’s responsibility under its’ terms to correct the situation. This invokes EAJA and the Tucker Act, as a government agency has acted (or refused to act) on an issue which directly affects you negatively.
If you dig into your securitization, and find that the government owns your loan (which BTW is in violation of the Constitution), these would also apply. Remember, Treasury and the Fed bought $2T in MBSs. It is also worth noting that SIGTARP has directly blasted Treasury because they created TARP and HAMP with no intention of enforcing it’s protections.
“It is worth discussing with an attorney. ”
Tim, it is simply worth discussing. It can make a difference if we, and the attorney (G-d willing), as well as the judges in our courtrooms,understand the mechanics of this Code. Also, what kind of opposition, stalling, rejection/reversal it may meet?
Have you heard of any actual case where this approach was used and failed or prevailed?
Tim, you are G-dsent to us, “the deadbeats”. And we are proud to have you. Good job!
It seems that you went through thick and thin “acquiring” this.
You have my true respect for sharing.
Liz
Should we register with the Federal Elections Commission as “The Deadbeat Party”?…..LOL
Sort of catchy, isn’t it?
Here is case law describing how EAJA works. I will look for anything more specific to our situations…
http://www.ca10.uscourts.gov/opinions/10/10-8040.pdf
Here is a HUD case invoking EAJA… http://portal.hud.gov/hudportal/documents/huddoc?id=DOC_20393.pdf
I have found that Vets who have been aggrieved on (VA) home loan foreclosures can invoke EAJA in the United States Court of Appeals for Veterans Claims…..
http://web.nccu.edu/law/news/courtofappeals-veteransclaims09.html
Elizabeth,
Here is the case you have been looking for. This case is so amazing, especially in light of TARP and HAMP, and the current foreclosure crisis. Amazingly, it dates to the 1980′s. In my opinion, a foreclosure by Fannie or Freddie, or any entity who received TARP money and/or participated in HAMP, falls under the cloak of EAJA if the government intervention caused you harm. In light of the abuses of HAMP, millions would fall under this….. http://ftp.resource.org/courts.gov/c/F2/743/743.F2d.454.83-2677.83-2038.html
This one ought to scare you… http://www.dsnews.com/articles/lender-processing-services-launches-mortgage-intelligence-product-2011-06-02
That’s not a tool, that’s a weapon.
When at war, the one with the weapons usually prevail. I hope our side finds a WMD soon.
This might become a wmd to be used against the banks, or in spite of them.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1817857
http://www.youtube.com/watch?v=yYTqvYqXRbY
This has already started. And one of the systems that brought this idea about is Ithaca Hours.
Which has been around for many years.
You might want to share this, and see if it inspires others to use such ideas in helping oneself and others.
Correction: the second line of my previous post should read FOUND
TO BE OPINION NOT LIBEL BY JUDGE ALICE SCHLESINGER
I found an interesting site that gives alot of information how Fidelity and its different companies run their operations. It is in a newsletter called The Summit for employees .
Encouraging PEAK PERFORMANCE IIN THE FIIDELIITY PARTNERSHIIP
(look how nicely they word this)
an example: .
With the introduction of Signature Required, we have
the ability to track documents and identify documents that
may have been misplaced and need to be re-executed.
In many cases that problem cannot ever be fixed, as the statute of limitations has run out in getting
that paper work registered and filed before the state time was up. If they were supposed to be in a trust
this means the trust is either deficient or empty.
@ Readdocs
Litton and their embedded LPS employees can come to the rescue, regardless of those pesky rules in the PSA, regardless of the IRS rules, regardless of the NY Trust laws and even regardless of the actual content of the Deed of Trust.
LPS’s initials are on the area of the assignment of the deed of trust as the requestor of the recording. Document to be returned to Litton after recording. The document is dated and recorded 5 years too late. It is generated and recorded after the supposed default and after the NOD was filed. It was signed by Litton’s attorney Debra Lyman in TX. At least, it is supposedly her signature. The document is self-serving since LItton is working for the supposed CWABS trustee, BNY Mellon. It is also a document that was generated after litigation was in progress and appears to be a fraud upon the court. Tisk, Tisk.
That document has Debra signing as the nominee of a Corporation that did not exist in reality and assigning the mortgage to a CWABS Trust from FIVE (5) YEARS before the date of the assignment. The assignment alleges to ASSIGN the NOTE to the trust also. MERS just is not supposed to have that capability EVER. But LPS and Litton Loan Servicing to the rescue!
See? Those pesky problems that can not be LEGALLY fixed are never beyond the ability of LPS and Litton Loan Servicing.
http://www.lsnj.org/NewsAnnouncements/Foreclosure/materials/EXHIBITBSummitvol2_issue3.pdf
An important point, especially in litigation, is to file a criminal complaint if a falsified document is submitted before the court. While you may think that it will not go anywhere, it is useful as a strategic tool against these perps. You can drag them to court, subpoena duces tecum, to explain how these new documents came to be. Here is the kicker…if you have an attorney, they would remind the witness of their 5th amendment rights as their is an active criminal complaint. How much do you want to bet they invoke that right? Once they invoke, you ask for dismissal WITH prejudice, as you have the right to prevent a defense and confront your accuser and their witnesses under the 14th amendment.
If they don’t invoke, then you get a transcript of the testimony and submit it as evidence in your criminal complaint. You also have proof that the crime was committed as part of interstate commerce, was a conspired act, attempted to corrupt the judicial system, and used the mails and/or wires. Voila, you have just proven racketeering. If you lose your home because of this act, you file a RICO action against not only the perps, but now the state and judge for furthering the racket under Title 18 of the US Code.
In today’s HuffPost there was an article about Goldman selling Litton. Here is a very interesting part of the article…
“In March, Goldman said it was considering selling Litton, which the company acquired in 2007. And then in May, the New York branch of the Federal Reserve received a letter from a Litton employee, who said Litton was denying mortgage modifications to distressed homeowners. The New York Fed said it was looking into those allegations.”
Thanks Tim-
yes that is scary but this morning (June 6, 2011) this article made me feel much better !
http://www.seekingalpha.com/article/273420-why-you-should-avoid-these-6-banks?source=msn
We can only hope BofA goes bankrupt….LOL. The world would be a MUCH better place.
So I thought I was dreaming…stranger than fiction and happening now…..
I get a UPS (thick) ‘please don’t call the po-po on us’ the Executive Office of American Home Mortgage Servicing , Inc. (now in Bankruptcy) of the soon-to-be infamous center of our ‘piggies at the trough who just couldn’t help themselves….or Fur Closure HQ – a.ka. Irving, Texas’. Let’s just say their ‘tone’ has changed. Incidentally, so has the tone of the Law firm (to be unnamed) of Colorado, hired to falsly est. basis to ‘collect’ on an ‘already sold’ loan. (repeat the ‘already sold’ for emphasis and accuracy. I believe as a songwriter or playwrite might include a 3X – 5x in the ‘director’s notes collumn’…….
Yeah so like we are all ’6th Sensing’…..the tide has now gained momentun asevidenced by my little office chat with the (other RICO-esque party) Northwest Land Services (the foreclousre ‘executioner’, the ones who actually schedule the sale of your home.
They are evil spitited too, and usually say things like:
“Sorry Maam/Sir, there just insn’t a THING we can do, unless your (Servicers/Debt Collector – fill in the name of your favorite sleazy mortgage Co. / ‘Prank’ here) ”
“We are proceeding with the Sale of your home at the direction of (see above) and unless and until you come to us with final settlement of $(many thousands of dollars plus fees on top of fees on top of fees – think Signapore tax/tax/tax) we WILL BE SELLING YOUR HOME.
Yeah, you could of heard a pin drop when I told them they too were just reported (by yours truly) to the FBI et al…. they were like “you know about M.E.R.S.?……….(silence / prego pause / more awkward silence).
ME: “More than I should.”
THEM: “Oh. (silence)”
ME: (listening for pin drop) “Hello – are we clear?”
THEM: “Yes.”
Then I walk into the house and get this – no, I’m no lying – there is Andrea Mitchell of MSNBC covering the story of a (are you sitting down), a Sherriff’s Department Team of Officers raiding (still sitting down) a Bank of America upon receipt of a Court Order to enforce the collection and sale of (yes you are are starting to get it) the Bank’s Assets…..chairs, printers, file cabinets (frem the Atty’s mouth, my new hero). It appears Bank of America illegally foreclosed on a family, judgement was reversed with penalties and reimbursement of attornies fees, Bank of America tried to skip out on the Atty fee part, (huh, they just charged me $140 in fees and I had to pay, okaaaaaay?!) and the Defendant / turned Victor/Hero filed for Enforcement. So when the cops go into the Bank, BofA takes out a ‘new’ Songsheet, and begins singing…. I was LMAO, then I got up and LMAO again. I wondered if I could post about it….or was I censored and booted????…..and well here I am.
The message, if you think you are being illegally foreclosed upon, or if you would like to protect your RIghts and likely those of any party(ies) who may be holding a “Purchased Deed of Trust / ‘A Product’” or interest (financial or otherwise), well, you get it…..stop them from hurting themselves, report to your local Police Depart (with evidence and a ‘Victim Impact Statement / Sworn Statement’ get it notarized and offer it to your PD – they will appreciate it and your report will be more accurate then trying to recall all details in front of a man/and or woman with a gun and or taser….. get it down on paper first. Got it?
Ok… so let’s see what Bank of America has to say about losing it’s perverbial ‘shirt’ to the Sherriff’s Department. I am not making this up. I couldn’t. And the Universe also has a light side. Keep it light. and never give up. Ever. Now go watch MSNBC and see if it has looped. 12:31 = 7
This is another prime example of the old saying, “knowledge is power”. These entities prefer to fight unarmed opponents.
Goldman Sachs trying to get rid of Litton Loan Servicing…
http://www.nationalmortgagenews.com/blogs/hearing/goldmans-relationship-subprime-1025051-1.html
Bank of America is now moving mortgage servicing from B0A Loan Servicing to Bank of American NA.
Has anyone here had their mortgages transferred to the parent company–from BAC to BofA, N.A.? Why is this happening?
With some BAC second mortgages, a transfer notice stated that the loan went to Bank of New York Mellon, but servicing remained with BAC. BNY Mellon called itself the “new creditor.” About a week later, BAC transferred servicing to the parent company, BofA, N.A.
Has the parent company EVER serviced loans? Why now? Why transfer loans already in foreclosure?
The interesting thing is that under the UCC, as I understand it, if a bank takes a loan already in default, the bank becomes a debt collector, and debt collectors cannot foreclose. (If this is incorrect, someone please correct me.)
Cindy,
Send a QWR to BNY Mellon. Ask them for a copy of the sales contract for your loan including, the terms, conditions, and consideration. If no money was paid for your loan, it was not legally sold for value.
I have just received my letter from BAC home loan servicing, my loan is going to BAC NA as of July 1. Let me ask you this…..They did the first fraudulent assignment of mortgage from MERS to BAC home loan servicing, now what ? can I expect another fraudulent assignment to BAC NA ? Doesnt this further cloud the title of my house ? are they digging a deeper hole for themselves ? I just dont understand why they would be doing this, there has to be a reason !! The plaintiff in my case is BAC home loan servicing can they no longer foreclose on me since they no longer own the loan ? I am starting to get confused ! ha
You said they were the “plaintiff”. Assuming an action is already in the judicial system, submit a motion for summary judgement as the plaintiff is not the real party in interest. They cannot do a transfer or assignment, after the action has been initiated.
You can research numerous cases which have been dismissed on these grounds. Usually, they are without prejudice. This means that they can refile.
I’m not certain if everyone here is on top of the fact that both SERVICING and NOTE OWNERSHIP are moved SEPARATELY. Servicing can move without any change of ownership. Ownership can change without a change of servicer.
As far as a change of the OWNERSHIP while someone is being foreclosed by the SERVICER. Hmmm. SOME courts do not allow the servicer to foreclose, some do. Documents may actually show the servicer is foreclosing on behalf of the owner. If it is being done by the servicer on behalf of the owner, and the ownership changes, the court might allow the docs to be amended.
Now if it is a BANK that is the new OWNER, you need to check the laws. I recall reading something recently about a transfer to a bank of a defaulted note falling within the FDCPA and that the result was the bank came into play as a DEBT COLLECTOR. The rule that was being cited did not allow collection via foreclosure. You need to check this rule. It is also in the BK laws about a debt collector I believe. Check the ‘strong-arm’ rule there.
Hell no,
I just found an article on an industry website that is making me question whether the lenders EVER “own” the note. You MUST read this. It is very telling….especially the “offshore operations”….
http://www.nationalmortgagenews.com/nmn_features/vendors-bundle-outsourcing-tech-1025059-1.html?CMP=OTC-RSS
Tim
My computer is hacked into I have to wait to go to a library to put my reply in to you.
Today being Sunday the library is only opened short hours and busy so not today.
Bryan posted this below, but this link is very important. I wanted to put it up top for all the people that are new to the site…. https://forms.house.gov/oversight_majority/webforms/financial_tipline.html
thanks tim i sent a letter yesterday and today. about the securitization of these loans and not educating us about securitization was fraud and all our loans are null and void.
Thanks Tim! Here is a copy of my note to the congressman.
Dear Rep. Cummings,
One over looked aspect of the foreclosure mess is the artificial support of housing prices in the US by the misreported and misidentified transactions between the foreclosure mills and fannie and freddie. Here in Nevada, the transactions reported by Fannie and Freddie as “sales” are not sales but merely transfers of interest between the parties. These “ sales” are reported at the price of the defaulted loan, rather than at the price of the property value. The “sales” are then picked up by AVMs Automated Value Models) ( think Zillow) and are used to support an unreal assessment of market conditions.
The issue is further complicated by Fannie and Freddie’s status as GSE who are or are not “private companies” . As a government agency the entity should pay no transfer (stamp) tax in Nevada. However just the other day Mr. DeMarco of FAHA stated before congress that Fannie and Freddie are “private” companies and therefore not subject to the FOIA mandates. (Page 8
Subjecting Fannie Mae and Freddie Mac to FOIA) http://www.fhfa.gov/webfiles/21318/Demarcotestimony52511.pdf
If they are private then they may owe us some taxes and if they are public then why are they not submitting to the FOIA mandates?
Is it not time that we returned to the American system of finance as described by Carey in the 19th century?
BTW more than a year ago I attempted to find the identity of the lender as defined in my promissory note by putting in a FOIA request to HAFA. I still have no idea who the “lender is” and I have a right outlined in the note to be conversant with the “lender”.
Thank you for your attention,
John McCormick
John,
Great letter !!!
Thank Bryan….he found the link and posted it for us.
Tim – I’m glad to see you posting. Last night when I watched the weather channel I thought about you and I’m sure alot of others did too knowing you lived up in Massachusetts. I sent Cummings my little book on my nightmare I hope they are really going to help us.Can’t they go faster than turtles.?
I made an error in the last post. HAFA and FAHA should have read FHFA………… Federal Home Finance Administration
Thanx, I live in a suburb of Springfield, so the tornadoes came our way. The only thing I lost was my phone and internet for a day. The next town over from me is a mess. When you see it, you realize how much your home means to you.
Thank You Tim, I am writing a complete letter. I hope everyone that can will just flood him with their cases
I hope everyone visiting this site takes the time to submit their horror story. Also, any evidence of legal, judicial, or legislative misdeeds should be sent to that site as well. Rep. Cummings is the best defender we have on the hill.
Mike,
You should submit an invitation to view this website to Rep. Cummings. He will see the mass of issues everyone is dealing with. It may be very informing.
thank you all! my husband has been silent through this because it is me that is on the internet fishing. trying to stay alive. we have alot invested in our home and i would not walk away. he has said to me on numerous occasions why we can not all combine on some facebook page like egypt. and try to get a protest together on each of our individual capiyols on the same day. stregnth in numbers. i feel when i go to court and have to stand of this judge i am alon and naked it can not be that way. wells fargo can be aloud to win a free house from me. what they have done is a federal crime. lieing , cheating and stealing to win a free house.. lieing at contract, lieing as a servicer and lieing in modification. lieing to all government entities to make it same like we are the bad deadbeats when they told us to stop paying. all crimes. please we need to find some way to combine efforts and stop this foreclosure machine.
http://news.firedoglake.com/2011/06/01/wall-street-journal-figures-out-massive-chain-of-title-problem/
Housing expenses, similar to other basic necessities, has to be a reasonable percentage of a person’s take home pay. But home valuations are still too high because of the bubble. The bad banks have to be forced to write down/off these overpriced assets. Only then can the prices come down to realistic levels.
Great article. If Oregon succeeds, the Constitution, and the Judicial system, will effectively be obsolete…
SITE SEARCH
The Oversight Committee is currently conducting an investigation into the foreclosure crisis and is interested in any information that may help further the investigation.
The Oversight Committee has the highest respect for confidentiality. As such, we respect your need to remain confidential and will use your contact information only to follow up with you regarding your submission. If you do not wish to provide contact information, you may leave the contact fields blank.
Message to Ranking Member Cummings:
This link to Nationwide Title Clearing’s website clearly shows how assignments and transfers are not done by MERS employees, or by the true party of interest in mortgages.
http://www.nwtc.com/services/Loan_Transfer_Assignment.html?SI=1_16
COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM
U.S. HOUSE OF REPRESENTATIVES • 2157 RAYBURN HOUSE OFFICE BUILDING • WASHINGTON, D.C. 20515 • (202) 225-5051
I spent nearly an hour on the phone with the FBI today (SLC – Regional) reporting my abusers (Robert Hendrickson of FretLife / First Horizon, Tony Francis formerly of First Horizon and Mike Fischer, also of FretLife). At the end of the conversation, I was not given a report number but was told that my $300,000 in losses and 10 yr sentence to Bad Credit Land was not really enough of a ‘loss’ for them to go much further, but the Duty Agent did say they would review it. I informed the Agent that although it was not a massive amount to the Bureau, they were my last stop toward Justice and the amount did represent 5 yrs of my blood, sweat, tears and over 26 yrs of my Roth IRA savings – spent on the remodel to save the house. I then said if we as Americans are losing billions to these scammers / criminals. Look for my book on the subject Fur Closure… the high cost of white collar sloth….
Board – this is the place, the battleground for saving this Country and what it stands for (stood for) when our grandfathers and grandmothers had their run in with evil – remember that? Had they lost that one, this text would be in German. Well, I would have been gased, I would have had no Rights. That is the bad/sad news.
The good news is that miracles do happen and well, at $15 Trillion in the hole and China et al. staring down the US (read: clean up your act America or we will do it for you) – times are changing and in the Year of the Rabbit, we need change to bounce/hop quickly then settle.
I am calling on all Law Enforcement to take our indivual claims seriously. Together they amount to global losses and issues – worthy of the Justice we as Americans stand for.
Tim, thanks for holding the tillar while I slug away. I am awaiting news about Emergency Federal Foreclosure assistance that I qualify for but that is being dolled out by Republican minds that don’t like to help anyone (read: I may get my day in Court afterall) – Fur Closure round II. Basically, am calling American Home Mtg Servicing on their bluff. They have no basis to accept my full mortgage payment and NOT apply it to my loan. I will be calling Boise Police Dept to file fraud complaints tomorrow. Keep the pressure on these criminals – all of them.
Also, if you bitch about America, remember, YOU chose not to vote. Teach the youth that only in America can you vote freely or run openly. . . Watch next fall, the election will go to the ticket that resonnates and today we can all see that Palin / Trump / Christie / and Boner are all a bunch of clowns…recycled losers letting the world down and those millions who have come to this land in hopes of being free from oppression.
Remember what I said a year ago, if the Casino was allowed to cheat (not stack the odds, CHEAT) then they would have the Nevada State Gaming Commission all over them. No winners, cheating houses, no casinos…..just sand. Keep that in mind. We are all very temporary – in the big picture.
Fight on! The rock is about to break – the sword is moving… Call you local FBI and/or police – let them do their job. Help take a bite out of (white collar) crime. I hope that Eqgyptian pig, that Italian pig and that French pig all get their full plate of Justice. They can’t help themselves but in America – we still have laws and fighters. . .
I hope you each have taken a bit of hope and courage away from this board, I have. Tim, you still rock. . .
Oh yeah, remember what was fought for in 1814 in Baltimore. Those merchants sank THEIR OWN ships to block the British….. then fought ALL night and yep, it was still there in the am. We got em on the run now… we DO. DONT YOU FORGET IT. T-bone -RA 777
what is happening to the United States is what happened in Nazi Germany.
Google the enclosed : ( it comes from CBS BNET)
Home / FindArticles / Reference / Vanderbilt Journal of Transnational Law / March, 2004
Imperfect justice: looted assets, slave labor, and the unfinished business of World War II
by Stuart E. Eizenstat Home / FindArticles / Reference / Vanderbilt Journal of Transnational Law / March, 2004
Imperfect justice: looted assets, slave labor, and the unfinished business of World War II
by Stuart E. Eizenstat – US Ambassador to the European Union,
Comments .12345678910…
15Next ..I want to tell you an improbable story about how fifty years after the end of World War II, long-forgotten victims of not only the greatest genocide in history, but of what we learned was also the greatest theft in history, finally achieved some belated, as I call it, imperfect justice. This includes: those who placed their most precious assets in the safest banking system in Europe–in Switzerland–to keep them out of Hitler’s clutches (for fifty years after the war, they were unable to recover them); those who were forced into brutal slavery and forced labor at the hands of German and Austrian employers and were never compensated (most of these, by the way, were non-Jews in Eastern Europe); those whose hard work, businesses, and apartments were confiscated and never restituted after the war; those whose insurance policies were never paid; and more broadly, those whose entire culture was stolen from them. It is a story of how some of the world’s most powerful corporations were finally held accountable five decades after the end of World War II. It is a story of political intrigue, of diplomacy at the highest levels, involving our president and the heads of government of a number of European countries. It is a story of threats of sanctions by state and local authorities, and a story that involves a colorful cast of characters reminiscent of a Shakespearean play.
It started for me on a typically wet, dreary January day in 1995 when I was in Brussels serving as the US Ambassador to the European Union…..
Comments .12345678910…
15Next ..I want to tell you an improbable story about how fifty years after the end of World War II, long-forgotten victims of not only the greatest genocide in history, but of what we learned was also the greatest theft in history, finally achieved some belated, as I call it, imperfect justice. This includes: those who placed their most precious assets in the safest banking system in Europe–in Switzerland–to keep them out of Hitler’s clutches (for fifty years after the war, they were unable to recover them); those who were forced into brutal slavery and forced labor at the hands of German and Austrian employers and were never compensated (most of these, by the way, were non-Jews in Eastern Europe); those whose hard work, businesses, and apartments were confiscated and never restituted after the war; those whose insurance policies were never paid; and more broadly, those whose entire culture was stolen from them. It is a story of how some of the world’s most powerful corporations were finally held accountable five decades after the end of World War II…
Well said. The people WE bailed out, spit on us. The people WE elected, ignore us. Now is the time to be more vocal, to them and the media, get the word out, WE demand to be heard !!!! Do not beg or plead for their consideration, DEMAND it !!! We are past the pleading, which we did to our detriment. Make these worms squirm.
I have been trying to find my “pool” in EDGAR with no luck am I missing something in here?
Chase funding Mortgage loan asset-backed certificates,series 2004-01 , is what it says on the assignment they filed in court.
I ran it under chase and could find a few but not the -01 for 2004
EDGAR is for SEC filings. It may be a Private offering security, in which only Chase can answer that for you. Send a QWR…
Hello! In connection with privacy issues and the release of information to third parties – it is also important to check service agreements & applications. Many firms will sneak in text that says the applicant agrees to the release of data to affiliates or non-affiliates that “may offer services of interest…” (or similar language). The applicant is then forced to opt out of the sharing…often is missed, of course. So, we have to opt-out later via an 800 phone number or letter. Often times, folks are thereafter surprised to find themselves being solicited by these other companies.
I’m not in the mortgage business (uh, I have a soul…), just work in the compliance field. Also the victim of fraudulent mortgage. I write privacy policies as well. It slays me when regulators will beat up small entities for privacy infractions (most are unintended errors) but these large entities seem to skate unless there is widespread issues/fraud involved in the data release.
Check apps/service agreements – report violations of the Federal Privacy Act (just another thorn to add in the violator’s side). Keep up the good fight
For those in Florida…
Is there someone who used the mediation. Would you want to share your experience?
The site http://www.rmfmp.com says: “Because of the high number of mortgage foreclosures in Florida, the Supreme Court of Florida has issued an administrative order to all lenders that requires them to seek mediation of the foreclosure proceedings prior to bringing the case to the courts.”
Florida Consumer Protection Laws can be found here:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0501/0501ContentsIndex.html&StatuteYear=2010&Title=-%3E2010-%3EChapter%20501
Also, Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS here:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Index&Title_Request=XXXIII#TitleXXXIII
What is this? Mortgage Investors, Inc. offering refinance to newly mortgaged home owners. Without solicitation calling these new home owners refinancing without any real closing costs or credit check.
They are using the VA to obtain lists of new VA financed home owners, offering refinance of loans attached to the interest rate of government T Bills.
Is this just another round of mortgage fraud?
Don’t you get a kick out of all the unsolicited mail you get from other banks to refi, while your trying to do a mod or avoid foreclosure? Where do they get that info?
I have the same question. I receive a lot of similar offers stating that they got it from the “public records”.
This is especially strange because nothing has been filed in the Clerk’s office.
Then, where from???
It is either coming from the banks themselves who have a fiduciary responsibility NOT to disclose your personal information, or the credit reporting agencies who are not allowed to allow access, disclose, or sell your personal credit information without your approval.
Tim, what steps may be appropriate now?
Also, if someone else is in the same situation in Florida, may we complain as “a class”, or better do it on the individual basis?
Tim, G-d bless you, your family, and all those who don’t give up fighting and defending.
It’s strange, this couple who just closed in October, and moved into the new house in March were contacted by phone by Mortgage Investors, The representative ask if he could come to their home and
explain to them why refinancing would be to their advantage. This is a brand new mortgage, and already they were being solicited, not through the mail, but via phone. Plus, since this was a VA loan, how did this company get their information. The VA does not give out that kind of information. And it was said the VA
gives them a current list of those who had used VA loans.
So where’s the wrinkle in this mess, and it’s there.
BofA manages the VA loan program, so what else would you expect out of them?
Wow! Thanks Tim.
They’ve got their fingers in every thing don’t they.
Mortgage Investors, Inc., hires GMAC (Ally Bank) as the servicer.
Fox guarding the hen house.
http://realestate.msn.com/blogs/listedblogpost.aspx?post=f3b95136-53f0-4954-b96a-95e00f8fa648>1=35000
Banks to pay service members for improper foreclosures
2 lenders agree to $22 million settlement with 178 families who lost their homes in violation of U.S. law that was supposed to protect the military.
A recent article, at Bloomberg.com contained the following:
‘Bad Things’
New York Attorney G