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  1. Cheryl Mann says:

    We would love to get in on any lawsuit as we were wrongfully foreclosed on and we desire to have a house the same as the lenders or foreigners that come here and bid and win them at judicial sales. It don’t help when the Judge won’t back you because he appointed the Master Commissioner and the attorney you are paying won’t request for an impartial judge. We want to file a wrongful foreclosure suit in KY but where do we start?

    • JON DU PUY says:

      Trap 1: Not hiring a mortgage defense attorney who believes in winning.
      Truth: You will lose your home.

      Trap 2: Trusting the bank is delaying your foreclosure lawsuit while “considering” your loan modification application.
      Truth: That’s a LIE. The Bank’s game is to keep you from defending the foreclosure until the Court orders your house sold and you lose your home.

      Trap 3: Paying a Loan Modification Company or Loan Modification Attorney for a loan modification. THERE ARE NO loan modifications.
      Truth: The Home Affordable Mortgage Program (HAMP) is not guaranteed loan modification; it’s free, if your lender is participating; and, if you agree to a HAMP loan modification, you become worse off than a renter. The truth is, loan modification is not available because the Banks DO NOT own your Note. The Note was sold to a Trust, whose investors often won’t agree to a loan modification.

      Trap4: Trusting the Loan Modification Company or Loan Modification Attorney handling your foreclosure suit.
      Truth: No one is DEFENDING your foreclosure suit. Result: You lose your home.

      Trap 5: Signing an answer handed to you by a non-attorney or Loan Modification Attorney as a “Pro Se” defendant.
      Truth: “Pro Se” means you are representing yourself and you may be admitting to something you do not want to admit. Result: you lose your home.

      Trap 6: Ignoring the foreclosure complaint.
      Truth: Big Mistake! Result: You lose your home.

      Trap 7: Thinking Bankruptcy will solve the foreclosure.
      Truth: Bankruptcy may be an option but in most cases it only stalls the foreclosure. You need to seek an attorney who will explain the difference as well as your options.

      Trap8: Mortgage Defense Attorneys are expensive.
      Truth: Not True! It’s more cost effective and adventitious to defend the foreclosure than to seek a Loan Modification or walk away. Fighting is the ONLY way you will win. And you CAN win!

      Trap 9: There are no defenses against foreclosure.
      Truth: NOT True! Foreclosure defenses are available because of the securitization of the Notes to Trusts, who sold unregulated securities to investors for three times the value of your Note. Like any Ponzi Scheme, it has holes.

      YOU CAN WIN
      Forged notes, lost notes, intentional destruction of notes, unauthorized people signing mortgage assignments or endorsing notes, missing documentation, fraudulently fabricated documents, different plaintiffs foreclosing on the same property, plaintiffs who do not exist and the inability or refusal to provide proof of purchase and/or ownership of the promissory notes.

      In addition, there are more and more claims arising from predatory lending practices of the Plaintiffs bank; including, violations of state and federal law, deceptive trade practices, and unfair or abusive dept collection.

      Fighting the bank is advantageous to you. The goal of any good litigation attorney is to utilize all defenses/strategies in order to obtain the best possible outcome for the borrower. Depending on the evidence, litigation may even lead to a home free and clear of any mortgage. It is all about giving you options and creating leverage against the banks.

      You need to have a plan of action, a direction, and understanding of why that plan is good for you.

      [contact-form] [contact-field label=”Name” type=”name” required=”true” /] [contact-field label=”Email” type=”email” required=”true” /] [contact-field label=”Comment” type=”textarea” required=”true” /] [/contact-form]

  2. Wendy says:

    ATTENTION! Watch for mortgage securities fraud in foreclosure!

    Pay very close attention to the name of any security trust named as Plaintiff in a foreclosure. First mortgages go into mortgage-backed security trusts (MBS or RMBS), not asset-backed security trusts (ABS). The only time an asset-backed security trust should pursue foreclosure is when a homeowner has defaulted on a home equity loan or other 2nd mortgage and has not defaulted on the first mortgage.

    If your FIRST mortgage has been sold or assigned to an asset-backed security trust, it’s likely defective, and is no longer secured by your mortgage, with your property as collateral.

    The other possibility for this scenario is mortgage fraud. Check your public land records and conduct a MERS property search through MERS ServicerID (free). This will pull up any undisclosed liens or unauthorized 2nd mortgages/ home equity products that might not be recorded in land records. Home equity fraud is on the rise.

    Mortgage companies rely on the perception that the mortgage security process is far too complex and difficult for the average layperson to understand. Even where there’s clear proof, it’s hard to explain to a judge a jury, especially without an attorney, and sometimes even with an attorney. This is a very simple argument: ONLY mortgage-backed securities are secured by mortgages, and therefore, property. Asset-backed securities are secured by non-mortgage products, i.e., auto loans, certain credit cards, 2nd mortgages/ home equity products, etc. No one gets a free house, including inscrupulous banks.

  3. Jonsen says:

    My family just went through a non-judicial foreclosure sale in D.C. with the house being auctioned. However, we are still under the belief that the foreclosure was illegal. The borrower took out a HECM reverse mortgage with a private lender. Upon the death of the borrower, the estate notified lender. A year and six months passed without a reaction from the lender; a response called a condolence letter came from a different company that identified itself as the new lender. The letter stipulated its terms to which the family turned over to the probate attorney as the estate was entering probate court the following month. The new company received notification through the probate court of the proceedings. However, it provided no response. November, it sent a notice of default and foreclosure sale to the estate’s PR. We notified the HUD Housing Counseling Services, and it informed us that a foreclosure could not take place until the completion of probate. However, the foreclosure commissioner pressed that the auctioning of the property in 30 days by sending the same notification several times. The mortgage company and attorney avoided us for almost two weeks before we could speak with someone. Their response was the foreclosure of the property is a result of too much time passed, and in their opinion of probate should have been done by this time. We reached out to DISB, who interpreted the actions as illegal. DISB and the foreclosure commissioner went back and forth about the matter. DISB received the same response that this was a federal matter since HUD now owned the loan (it acquired it from the initial lender in 2016, five months after the death of the borrower) and it did not need to follow D.C. foreclosure guidelines. The contracted lender for HUD representative was rude and unnecessarily mean toward everyone who attempted to discuss this matter with her. The attorney (foreclosure commissioner) avoid talks, which wasted needed valuable time to come to the best interest resolution for the estate and HUD. We are currently awaiting the eviction process, but we are interested in if this was legal or illegal. If the latter, we would like to know how to proceed with a civil action, also, who to contact to discuss preventing this from happening to others.

    Any assistance and guidance are appreciated. Thank you.

    • lms53 says:

      its called stalling and everyone is in on it and yes it is illegal

    • Elaine Williams in Baltimore County says:

      Clearly you are living in a house that someone else wants. I lost a house and ancestral water front property under much the same circumstances. The original ‘loan” was tossed around like a hot potato. We could not under any circumstances negotiate anything even with the help of three attorneys. Someone wanted my house and property and they wanted it bad enough to wait a full five years. He circumvented the entire system and went straight to the foreclosure mill Shapiro & Brown with $400,000 CASH. That asshole Greg Dorn is now living in my house on Wilson Point Road, in Baltimore County, Maryland enjoying my waterfront yard and views. I hope he rots in hell.

      • Vivian says:

        Vengeance is of the Lord and He Greg Dorn will repay!!!!!! Just like those who even opened a phony company around the block from my home named LLC Designs and waited while baggering me week after week, even entering my yard and measuring my windows while I was home!! My son came to visit at the time and just ordered them off the property. Unfortunately the courts ( and my utility company sent mail to my home in that company’s name) started siding with them. this individual even borrowed HARD money just to own the property ( this is how desperate they were to own my home. there is so much more to this but keep believing and fighting, you can still get your home.

  4. Flo says:

    Does anyone know of a good, out-of-the-box thinking foreclosure defense attorney in Las Vegas, NV? I’m looking for referrals.

    • Ronald Williams says:

      Nevada and its judges are the most corrupt in the nation as foreclosures go. We are victims with first hand knowledge. I am working on data exposing the mediation program as conducted in the manner it violates the homeowner’s civil rights. Email me at rnwil3@aol.com for more

      • incognito123 says:

        Flo, that is laughable, there are NO “good, out-of-the-box thinking” attorneys as if they did exist they’d lose their bar license and would no longer be attorneys. Ronald, no state really is “the most corrupt” just like no bankster is really that much worse than all the others, the entire countries judicial system is crumbling with corruption, and the banksters are all bad. While many say leave the big banks and go to credit union/small hometown banks, etc., I always point out they are doing the same crap as the big ones, just not the volume. However, if your home is stolen from ABC Credit Union, XYZ Small Bank, or Wells Fraudo, does it really matter? It is still stolen by a thief not entitled to it

  5. Ian says:

    Colleen-the modification you were offered will not be valid,’as SPS has no authority nor agency with the alleged “trustee” bank, for the “trust “, as there is no trust.
    iansopko@gmail.com
    I got a modification from SPS, I had an attorney, my new “mortgage” was at 2.9%. I was backed into a big corner and had no choice. That was 5 years ago.
    Email me if there is anything I can do to help.

  6. Colleen Dwyer says:

    I need help in NJ. I hVe a pending Appeal Of Final Judgement. In the meantime , sps offered me a trial modification after I was turned down over 2 years ago by Bank of America during Mediation based on same income and expenses. After I made first trial mod payment, the attorney for Trustee Deutsche Bank is calling me , asking me to drop the appeal saying sps will give me a settlement of $2500. I need an attorney who can help me. The modification payment is not affordable and the permanent loan mod will probably have a big balloon at the end.
    What can I do? Please help.

  7. Tom Heinrich says:

    I will forward your experience to corporate who will take appropriate action to correct this, in the meantime please call me and I will be glad to do what I can personally to help you find the perfect one to represent you and get it finished… I have a few tricks at how to find really qualified, skilled litigators I’ll be glad to share with you. It sounds like there has been some dart throwing at the telephone book, which never usually works well…you need to find the most knowledgeable, experienced litigator you can that has rapport with your judge… a highly specialized and talented individual. I’ll be glad to do some conference calls with you. Call me at 954 788-9700 and email me any documents and a case summary and the docket and judges findings, reachtom@yahoo.com

    • Disgusted1 says:

      Im looking for a post made to bollivar in regard to a list of about 4 or 5 Lawyers THAT GET IT in Illinois. One was in Oak Park. I cannot find this response. Tom what outfir do you work for ? I am looking for a qualified lawyer for wrongfull FC and going after my Defense Attorney who just let the Judge here walk all over them. I want my money back.

      • Hi Disgusted, I’d love to communicate with you concerning your f/c experience. I may have some information that could assist you. My email is: junespointofview!yahoo.com if you’d like some useful insight.

      • bollivar4 says:

        There are several lawyers I would recommend. Diamond & Lassure not sure of the second spelling in McHenry county. I will get the name of the other one and repost.

      • incognito123 says:

        Attorney to recommend, now that IS a great laugh!! Thanks for the late night funnies!!!

      • Carrie C. says:

        SULAIMAN LAW GROUP, LTD. won this case this year, and a similar one afear years back. They’re also known as Atlas Law Group.

        $3,582,000 Unanimous Jury Verdict FOR IMMEDIATE RELEASE: $3,582,000 jury verdict obtained by Monette Saccameno, a resident of Cook County Illinois, and against Ocwen Loan Servicing LLC, a national mortgage loan servicer.

        The older caseAlena Hammer v. Residential Credit Solutions, Case 1:13-cv-06397
        Awarded:
        $500,000 for compensatory damages
        $1,500,000 for punitive damages

        Hammer sought to recover damages for the improper fees and costs assessed to her loan account, attorney’s fees and costs incurred to defend the two improper foreclosure proceedings, emotional distress from defendant’s perpetual harassment and litigation and mental anguish during the 3-year ordeal.

        RCS maintained that the loan modification agreement was invalid. An additional claim that RCS violated the Fair Debt Collection Practices Act was dismissed with prejudice by the presiding judge prior to the beginning of the trial.

        https://www.atlasconsumerlaw.com/
        (312) 313-1613
        2500 South Highland Ave, Suite 200 Lombard, IL 60148

    • Vivian says:

      I have a question Tom:
      Would a Bloomberg Securitization Audit (which all facts are still current) dated 2008 be still valid for use in a foreclosure case, or even if for reference. My home has been paid for through securitization 13 times.You would have to tell me what you needed because there are at least two loaded pieces of luggage with nothing but court papers related to the foreclosure. I trust these won’t be the old 2008 onezy twozy send some paper and collect 1k, I have been through several times while trying to save my home years ago( even spent 5k for a loan mod from my OWN company. Only God can Heal the pain but I am doing well as time moves on and learned a lot even more than I expected. by the way I am speaking of Deutche Bank and Ocwen Loan Servicers

  8. lms53 says:

    that sounds like a good idea considering broward county florida is a corrupt commie leftist county. they stole thousands of homes in broward county, florida.

  9. StillFighting says:

    Just finished watching https://www.abacusmovie.com/

    PRAISE THE LORD for the vindication of the Sung Family!!! My family feels a little bit like them, and we fell in love with Mr. Sung, Mrs. Sung, and their strong, beautiful daughters!!!

    The D.A. and Prosecution involved in the case are the banks/servicers/lawyers of our cases…

    “Abacus Bank is the only bank to be indicted related to the 2008 financial crisis.” Yet… four of the huge banks that were mentioned in the movie are involved in my fabricated fraudulent foolish foreclosure!

    God bless the Sung Family! God bless China Town!
    God bless America!

    MARANATHA!!!

  10. bollivar4 says:

    StillFighting..Edelman, Combs, Latturner & Goodwin, LLC is the best contingency law firm in Chicago. They were going to sue Bank of America for me, but my piece of shit lawyer found out about it and called them telling lies on me concerning my foreclosure case. When I called them, they would not listen to me because a lawyer told them even though he was disbarred for taking bribes and stealing money from his nursing home clients. See: Al Williams, Dixon, Illinois disbarred. They can file in federal court. They will not blackmail your lender/servicer as others I know.

  11. Hammertime says:

    Going on a year on this $45 mil judgement in CA though banksters making it difficult https://www.bloomberg.com/news/articles/2017-09-26/-hero-judge-urged-by-homeowners-to-nix-45-million-bofa-penalty

  12. Marc Gerstein says:

    Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed to me, I lift my lamp beside the golden door!
    The Statue of Liberty-Ellis Island Foundation, Inc.
    I am 2.5 generation American. What the banks, mortgage companies,..etc. did is indefensible!!
    GLTA

  13. Marc Gerstein says:

    There are a ton of people winning foreclosure but they are kept hush hush cause the banks n mortgage companies don’t want u to know..more judges n states have had it with this mess n r making it much easier n honest to win..
    In Nevada if it goes to collection they must prove the amount they paid for the loan hence may it be 10 cents on the dollar or 25 cents on the dollar and that’s all they can get plus some interest depending on the case..
    What these pos have done to me is I paid 15 years n took care of 2 sick parents that they committed fraud by making a 76 G REFINANCE a 175600 loan..I never took a loan..when both parents died..father died in 2002 n mother died in 2008 I put it up 4 sale n no one would buy it n I kept dropping the price..finally I was going broke n stopped paying it in oct 2012 was my last payment
    These people r fraudsters as they so far got away with a housing pyramid scam but now in the last year 1000 bank employees r in jail n their r more to GO..they will never repair housing unless they break up the banks where the banks cannot transfer loans n have ur savings checking ..etc
    GLTY

  14. Tom Heinrich says:

    Doctors cause 100,000 deaths a year, but thats no reason to avoid the hundreds of thousands who don’t.

    And lawyers line the halls of legislatures, regulators, and courts…some of them have done good, and we need to find more who will do more good for us

    • StillFighting says:

      Thank you Tom and Incognito! I have an awesome lawyer, who is highly respected in the courts. I have done 90% of the research, and he handles all of the legal work. 4closureFraud and Livinglies have been a huge help and inspiration. Still fighting and still winning!
      I would just like to be in Sarasota to listen first hand to other folks’ strategies and successes, and put my arm around them to encourage them to keep fighting.
      As for Plaintiffs’ lawyers, I strongly believe they are all complicit in the drafting and submission of the dozens of fraudulent assignments, lost note affidavits, and other fabricated documents in our cases. I would prefer to see them disbarred and sent to jail, instead of the $10/hour mortgage servicer employees who don’t know any better and stumble and bumble their way through depositions and trials.
      I probably have the most unique, and maybe the best, proof of mortgage fraud of anyone in the country. We are just waiting to determine the best strategy to recoup damages for the destruction of our lives, the irreparable damage to our marriage, and the pain and suffering caused to me, my wife, and children by the multiple big banks, multiple dirty servicers, and multiple crooked Plaintiffs’ lawyers. The Florida DCA’s decision that a Defendant can’t receive attorney fees when they prove lack of standing, was a kick in the teeth. But, I believe that it is just a matter of time before the scales of justice swing back over to our side.
      God is good all the time, and this too shall pass!

      • Tom Heinrich says:

        I encourage everyone to contact all your State legislators and request a specific bill that specifically grants defendants their attorney fees where the Plaintiff had no legal standing…. anything less is unjust

        Understand that the foreclosure mill industry has refined their Method of Operation to a science to what they know judges will accept……
        always ask for
        SPECIFIC FINDINGS OF FACT
        CONCLUSIONS OF LAW
        and
        DECLARATORY RELIEF
        in every lawsuit you’re ever a part of
        …your BEST strategy is to get the BAD GUYS TO AGREE WITH YOU ON SOME THINGS !!

        Happy Hearings !!!

        Tom

      • StillFighting says:

        Is there any individual in the country who has sued for Wrongful Foreclosure and won for damages, pain and suffering, etc? Are attorneys taking on this type of case with a contingency agreement, similar to personal injury attorneys?

      • Michael Medwit says:

        Where is the justice? Is anyone interested in producing a video with individual sequels trying our cases before America, since most of us had our property stolen from us without even a trial for due process to present the true facts and evidence.

      • Ronald Williams says:

        Each and every document recorded and purported to create a lien against our property is conspicuously invalid. We are in Nevada, the most corrupt state when it comes to non judicial foreclosures. Nevada’s scheme is designed to assist perpetrators of foreclosure fraud. From the administrator who presides over a corrupt foreclosure mediation process to just about any Nevada Judge you may end up to challenge the legitimacy of a non judicial foreclosure. I need instructions starting a hash tag. I have a lot to say and can be of some assistance. JP Morgan Chase Bank and the FDIC are co-conspirators of a scheme to foreclose or compel mortgage payments where Washington Mutual was the original lender. Went to DC challenging the FDIC. Their government attorneys through a Judge named James E Boasberg, carried out a conspiracy to obstruct the administration of justice. We tried to obtain a judicial review of the FDIC’s response to our admin claims, only to be blocked by the highly biased Federal Judge. I can identify him because our record before him speaks for itself and cannot be rehabilitated, We are still fighting, but were victimized also by Judges of the Ninth Circuit Court of Appeals. If there was no record, no one would believe just how corrupt a number of Federal Judges are. Back in the day, they us to discuss the Blue Code of Silence. A code where police officers covered up wrong doing of other officers. I am here to say there is a Black code of silence among the judiciary – whether Federal or State. I have a record showing corrupt decisions by the Federal judiciary in the DC District, as well as the Nevada District. The Federal appeals judges of both districts, engaged in the Black code of silence as far as our appeal to. In DC, the entire DC Cir. was corrupted by our three-judge panel, who was corrupted by the Federal Judge over our case. I am going to write a book exposing the justice system as it really is. Especially if you are as we are, Afro-Americans.

    • incognito123 says:

      @StillFighting, First, your comment, ” I have an awesome lawyer, who is highly respected in the courts. ” – – no such thing. Regarding your question about suing, it has been done, I don’t know specific case references, but they are very, very few and far between, most attorneys will not do it for fear of retaliation, and most homeowners don’t have the ability to navigate such an uphill battle, but again, some have sued and won, you probably have better chance of winning the lottery

      • StillFighting says:

        I appreciate everyone’s disdain for attorneys. I love my attorney, and he’s the most expensive attorney in Florida. My disdain is for Plaintiffs’ attorneys who conspire and are complicit in their clients’ document fabrication and fraud.

        With that said, I want to clarify my question:

        I am not asking about Foreclosure Defense. I am asking about suing or counter-suing the banks and servicers for Wrongful Foreclosure, before you lose your home. A personal injury type lawsuit for pain and suffering, where the attorney works on a contingency basis.

        Thoughts?

      • StillFighting says:

        As I shared my disdain for Plaintiffs’ lawyers today… this happened:

        http://4closurefraud.org/2018/01/26/miami-judge-sanctions-tampa-based-albertelli-law-treasury-secretary-mnuchins-former-bank-for-frivolous-foreclosure/

        The great folks at the Albertelli Law Firm kicked off the fabricated fraudulent foolish foreclosure on me 9 years ago…

        It’s almost time for Friday Happy Hour! 🙂

  15. bollivar4 says:

    I would like to go to Florida for the seminar, but I live in Illinois. I can give good advice for anyone that has Countrywide/Buttwipes of America. Get a mortgage payment history by a Qualified Written Request. You may be surprised as I was that both servicers had been embezzling money from you since you got the home. They nailed me for 4$ shy of $24,000 then they got my payments from $1079 per month to $2374 per month, 30 year, fixed rate loan. Buttwipes of America then coerced me telling that if I could not pay the increased payments amount, they would not accept any more payments from me and could foreclosed on me anytime they wanted. See Osage Corp. v. Simon, 613 N.E.2d 770(coercion, breach of contract) and Buttitta v. Newell, 531 N.E2d 957.( courts will not allow a party to profit from their own fraud) I am sure Florida and most states have the same common law cases.

    • Bobbi Swann says:

      @ bollivar4 – If you had a 30 year fixed rate mortgage how in the world did you payments go from $1079 to $2374 unless your real estate taxes and/or homeowner’s insurance rates went through the roof? There’s no way to change the principal and interest payment (P&I) on a fixed rate but the total payment (PITI) can go up if real estate taxes or insurance or both go up.

      • bollivar4 says:

        There were no changes in home owner’s insurance or property taxes. BoA increased my mortgage payments beyond my ability to pay the increased payments to steal my home in foreclosure. I received a letter from BoA’s attorney stating my mortgage payments never went above $1054 per month. BoA filed for foreclosure on June 7, 2011. In March of 2011, I had my first break-in. I came home from work around 11:pm to find someone had been in my house. I couldn’t find anything missing so I never called the police. The second break-in occurred on May 1, 2014 where the thieves stole my foreclosure defense files that included the increased mortgage payment coupons. Fortunately for me the thieves handled two coupons that fell behind my desk that made my case. There would be a total of 5 break-ins thereafter. Two were in done during the day. Of course I scanned all documents sending them via email to everyone I knew.

      • Disgusted1 says:

        They’re tacking on late fees, Interest’s missed, Back taxes, Attorney fees and so on.

      • incognito123 says:

        Bobbi, you know all too well the smoke and mirrors crap they pull to deceive!!! BTW Bobbi, FRI 2/16/18, there will be a 2nd District Court of Appeals Oral Arguments hearing on my case, would love to see you again, it’s been years since we talked!!

      • Bobbi Swann says:

        @ incognito123 – Yes, it’s been a while. In fact, my trial was this morning @ 9 a.m. with my attorney and witness. Plaintiff filed a motion to extend b/c after 11 years they didn’t have their witness from Chase. The loan has been sold to another lender during the last 11 years. My attorney responded in court today that 11 + years is long enough for them to get their witness and by God the Judge granted the motion!!!! I am now confident that this judge is corrupt. My case is 50/50 but after 11 years you would think the Judge would wonder why this has not come to trial sooner. My attorney tells me that he overbooked his schedule and needed to get some cases off the day’s schedule. Poor soul may have had to stay past 5 o’clock if he kept to the schedule. I’ve had this Judge in prior hearings and he does not follow the law. Is your hearing at the Tampa location or the Lakeland location for the 2nd DCA?

      • incognito123 says:

        Bobbi, if I still have your email address, which I should, I’ll also send you a private message, but get this, the hearing is “on the road” and will be head in Charlotte County @ 9:15AM – yes, you read that correctly, in Charlotte County along with 2 cases from Naples. Had they not been “on the road” it would have been Tampa, currently only Tampa has hearings as Lakeland is for offices only as their old building was purportedly a “health problem” so it is no longer being used, and they moved their offices which have no courtrooms a mile or two away from their ‘old’ location. As a reminder Bobbi, I’ve also passed the ten year mark, who wudda thunk it possible?!?!?!?!

    • Disgusted1 says:

      Bollivar4 CAn you email me at Khkobus@gmail.com I would like to talk to you. I am in crooked Illinois too.

  16. foreclosureweary says:

    A SPECIAL PRESENTATION ON WINNING IN FORECLOSURE COURT AT A MEETING OF THE MORTGAGE JUSTICE GROUP IN SARASOTA, FLORIDA
    January 27, 2018 10am – 1pm
    Waldemere Fire Station (Upstairs in Meeting Room) 2070 Waldemere Street Sarasota, FL

    Note: Please bring your complaint (with attachments) to the meeting for analyzing).
    For questions or more info please call: 941-993-2101
    Join us to learn more strategies for your playbook….let’s play to win
    once and for all!

    There is no charge.

    This Saturday the Mortgage Justice group in Sarasota is having a special meeting — we welcome everyone.

    The main speaker knows how to “follow the money trail” and obtain information we are often denied.

    And we’re so excited that the criminology professor from England will be joining us who is studying the fraud in our cases (last May he interviewed many in our group and is ready to take the next step). He needs to know that many are fighting foreclosures, so please join us and let your voice be heard.

    Also being introduced by a foreclosure defense attorney is a new tool to assist homeowners in court. This is a high tech program to give Pro Se’s a better chance in court. It’s quite an awesome program and there is no charge–he wants feedback to keep improving it.

    • StillFighting says:

      Will this be an informative speaking event, or will it be more about individuals getting assistance? I want to drive over from Orlando, but want to make sure that it’s going to be educational. Thank you in advance!

      • incognito123 says:

        StillFighting, I only occasionally attend, but ALWAYS worth the trip, I’m an hour away and always have an informative time!!

  17. kristin says:

    About 1 year ago I won my own case after years of fighting. In the end my attorney ditched me and I had to negotiate with the bank on my own. But I did it. It really is better to have an attorney. And to save every penny you can from the point of default to the moment you go to trial. At our motion to vacate final judgment hearing the clerk said we did the impossible. Which proves it’s possible!

    • Trevor says:

      Outstanding Kristin.
      Great job and no, you cannot give up or in with these monsters, you have to go all the way…

      Thanks for sharing the good news.
      Impossible and highly improbable are not the same. – Hitchhiker’s Guide

      In other ‘good news’…

      After 9 years of dealing with FretLife Banking Cartel and the dishonest and unethical attorneys they hire….
      I am finally getting my case brought before a 3 member panel of Bar Ethics ….

      The attorney…..she….was served.
      They are finally taking this seriously.
      $35,000 and some dignity is on the line.

      I lost 10x that in equity.
      Sold off my Roth IRA 30 years early to be build the house ….the lemon….
      Funny now the house is worth nearly $500k and I’m renting my 7th place.

      Its called Gang Stalking.
      TI.

      I tell the world on Twitter ever day how badly Steve Kandarian and FretLife screwed me over.

      Now Justice tides are coming in….
      Congrats.

      Never give. ☝.

    • After 40 yrs of real estate sales,title work and consulting with lawyers. given that many times I knew more about the foreclosure than they did.I even caught one charging his client for talking on the phone with me. All I can say is NEVER NEVER agree to a 30 year amortized mortgage. If you do manage to pay it for 30 years you will pay 4 times the price on your contract. If you must use a bank 15 years tops, Or better yet borrow from the seller many people my age selling property would rather have a fat check every month. The 30 yr mort has average life of only 7 years during this time you will pay 95% of your payments toward interest. More likely you will relocate or divorce or be foreclosed upon for abandoning the property you could not afford to begin with. Always try for owner finance If your lender die and leaves the paper to heirs its quite easy to discount and pay it off for less than owed. I have done this and the heirs shareing a 300 mo. payment were delighted.Never sign a balloon note.any Title company can turn your offer into a contract .

      • Bobbi Swann says:

        @Lee Parkerson – so you think that any seller-held mortgage (first or second) is not going to charge interest? Same kacky pants ~ amortization is what it is. Sellers are now more astute and they want their equity (whether in cash or via mortgage) to be competitive with the market and they usually don’t go long term either; most is done with a balloon in a 5 or 10 yr term. I don’t care where the money comes from – math is the same and 95% of the payments the first 5 years are going to be towards interest. We don’t use Rule of 78’s anymore and being if you’ve been in the business as long as you say, you would know that.

  18. Tom Heinrich says:

    …why aren’t you asking an ATTORNEY instead of lay people….don’t you know for about 20 bucks a month you can have access to large law firms all over the Country to ask questions, get advice, get legal opinions, find case law, have documents reviewed, have them write letters and make phone calls, do legal research, even prepare and update your Will and Health Care Directives regularly ? I REALLY THINK EVERYONE SHOULD BE A PART OF THIS RESOURCE…I talk to attorneys all the time, why would I guess or not know something for sure when all I have to do is PICK UP THE PHONE !!! Please don’t try to take out your own tonsils !!!

    • incognito123 says:

      BECAUSE ATTORNEYS ARE PART OF THE PROBLEM NOT SOLUTION

      • bollivar4 says:

        Al Williams, the attorney I hired was taking bribes from Bank of America to derail any defense to foreclosure. When I hired him, I was very sick with Lyme Disease and he took advantage of my disabling illness. According to a paralegal with the Attorney Registration and Disciplinary Commission, she had never seen so many complaints against a lawyer in her 11 years.. I had BoA on Service of Process, but Ol Al made sure it would never reach the court. Just another piece of shit in a sea of shit.

    • bollivar4 says:

      Hi Tom, I did take your advice and joined LegaShield. Big mistake!!!! Here is my Yelp complaint:
      The first lawyer I was assigned, Mark Johnson of Rockford could not read the documents I gave him. The second lawyer assigned was Frank Giampoli of Batavia who had me drive 60 miles to tell me he would not drive that far to represent me. The third lawyer I was assigned, Steven Jesser of Skokie has some serious negative reviews concerning his lack of honesty by former clients. I was able to talk briefly with him twice. I emailed him all the court documents he needed. After that, many messages I left with him was a waste of time. We had an agreement that I would call him March 2, 2018. I called him twice that evening. He ignored me. LegalShield’s law firm, Shimanovsky & Moscardini, Ltd. refers you to a lawyer they don’t screen, obviously. Their attorney that coordinated communication to the recruiter did not exist, that is she failed to communicate. I told her and emailed her that I needed representation in court, not consultation. I had won my foreclose case with the stipulation that i hire a lawyer to take the credit, and or re-argue my motion. Not one of the three lawyers assigned to me was capable of doing a simple task as the judge has required. Tree strikes and your out of there.
      In Illinois, LegalShield is a waste of time and money.

      • Tom Heinrich says:

        Call me at 954 788-9700 and email me your docket and judges Order at reachth@yahoo.com

        Finding the RIGHT attorney is not always easy, the secret is to find one that has been down the same road before with the same judge

  19. Disgusted1 says:

    You can email me at k3m167@gmail.com

    I’d like to talk to you.

  20. dawn casey says:

    I am in foreclosure w/bofa as servicer and Bank of Ny Mellon as plaintiff, I obtained a letter from BONY where they stated “we don’t own your loan and therefore can not foreclose on your property” provided as evidence in SJ and the moron judge found in their favor anyway, then my atty allowed the time to appeal to lapse, leaving me with HIS only option, a loan mod!! I made in perfectly clear to my high-priced atty that I wanted NO part of a loan mod as there was no loan and no owner, and that NO ONE was hurt when I defaulted, in fact they made a ton of money when we signed the Promissory note. I filed a complaint with the judiciary committee about this inept black robed moron and suggested that if he was going to preside over foreclosures he had better learn ALL about the fraud and deception within the “loan” and paperwork the foreclosure mills are waving around as valid. I now have no idea in which direction to proceed as my paid every month attorney dropped the ball, this wrongful decision was decided with no plaintiff or defendant present and did this ALL BY HIMSELF, he was just moved to foreclosure court less than six months ago after spending his entire, abusive career in family court, so he couldn’t know all there is to know to properly decide on any case and I have found hundreds which are trustee only foreclosures and everyone knows trustees have NO fiduciary duties and it is illegal for them to pursue foreclosure per the PSA and SEC regulations they must follow, the assignment to BONY was put in recorder’s office 11 yrs after the closing in 2004, so obviously never made it into the trust. The foreclosure mill provided an attestation from someone that was asst vp for bofa but she doesn’t exist. The entire thing is fraud, yet the judge found in the trustee’s favor, with no admitted standing or right to pursue. What is wrong with our judicial system and why does every judge still believe that everyone is a dead beat homeowner and therefore deserves to lose their home. My first “loan” is so much worse, with document tapering in the county recorder’s office without the required court order, which makes me think they too are involved in the fraud against American homeowners too. I don’t intend to sit idly by and allow a $50lk loan steal my home worth at least $430,000 now. NOT a chance in hell. I just need to know if anyone out there can tell me what my option are now that my atty dropped the appeal ball, thanks!!! Dawn

  21. Brooke noble says:

    My name is Brooke Noble, I need to tell the story of how Wells Fargo killed my mom Marsha Kilgore whom had a terminal illness and was oxygen dependent. My mom studied diligently to learn enough of the law in order to sue Wells Fargo for a wrongful foreclosure. 
    We purchased our condo in 1990 for approx, $80,000 with a $20,000 down payment. Then in 2006 my mom was solicited for a loan with World Savings Bank, she was told it was a fixed rate mortgage so she signed for this pick-a-payment loan, later that same day we read the details of the loan documents and found that it was NOT a fixed rate at all and several other inconsistencies, so we canceled within the allotted time frame with the right to cancel form provided, yet it was not honored. In 2010 it became  Wachovia and we applied for a loan modification and were advised by their agent to miss 3 payments in order to qualify for the modification, (this practice is called dual tracking and is illegal now) Then we are told we did not qualify for modification and are in default, no partial payments could be made. So foreclosure procedures had started, and Wachovia became Wells Fargo. My mother and I dug deep into our documents, and found robo-signed docs, fraud, and forgery of the loan application, so my mom filed a suit against them for a wrongful foreclosure, we were granted a TRO in state court, then it was moved to federal court where we were granted a preliminary injunction prohibiting the sale of our home. Through all of this my mom was growing tired, getting weaker and worn down. We overeducated ourselves, got a loan audit, found the REMIC our loan was pooled into in securitization, we learned how the judges pensions are mixed in with the mortgage backed securities thus the injustice of it all. Representing yourself in court is not easy, it is difficult to succeed with all the bullshit legal babble and fucked up rules that don’t bring about justice or balance. We didn’t know what we were doing, we only knew we were right and we were going to fight for what was ours. In July of 2012 it reverted back to the lender even though there had been a preliminary injunction prohibiting the sale of our home. I was at the auction armed with documents that should have at least postponed it. Apparently breaking a court order is permitted if you are the bank. So shortly after that Wells Fargo sued us in unlawful detainer court, they are trying to evict us. My mother was fighting to keep her home, and her life, she is calling every city official in Fresno to do something for her, she could hardly breath, but wouldn’t stop trying. She had her documents to prove all her claims clenched in her little hand just begging someone to Care. So in the unlawful detainer hearing arguments about how we were robbed of our home was irrelevant in the current proceeding, so no issue of title could be argued, it was during this fight that I saw my mom suffer the most stress and worry, She had a tank of oxygen rolling beside her, with her clothes too big for her, shaking, and worried to death. Anyway wells Fargo was granted their writ of possession giving us 2weeks to be out. My mom was in denial just sitting and staring, or still continuing to make contacts and fight for the house. I packed up all of our stuff in a daze not knowing what was going to happen just knowing that my toughest days were to come, what were we going to do? We have no family but each other and 5dogs, we had invested the little we had of everything into the fight for our home. I wish we had made contacts with a resistance movement to protest or sit in. Just to have the support of those who know what is going on. Maybe that could have made a difference for us. Instead it was like this.. The Fresno Sheriff department contacted the homeowner association director to inform our neighbors not to be outside at 6am on may 6 2013 during the lockout that no one might help us. My mom was like “what do they plan to do to us?” and on the morning of the eviction my mom called the police to come save us from the sheriff lockout, but to no avail. We were given an additional 24 hrs cos we still had a lot left to pack, the locks were changed but we were allowed to stay until 10am the following day on may 7 2013 to be out. I worked through the night trying to get everything out on time, we ended up not able to get some stuff out, but told no more time was allowed for us there and pushed us into the garage. The agent said that everything that we were keeping could be held for us in the garage. We set up a chair in the garage and had her oxygen concentrator plugged into the wall, it needs electricity in order to function, her portable tank holds only 2hours before needing to be refilled , without oxygen my mother wouldn’t survive, i continued moving the things we would be coming back for when we could into the garage. My mom was asking him for help at this point, she said that we had nowhere to go, and no money. She cried and he told us that we had known for 2 weeks on what date we had to be out, that was time to have made arrangements. Then he said that our time was up and we needed to leave now and he pushed us out into the alley with our 5 dogs and closed the garage door behind us. Throwing us on the street like dogs. It was a hot day, I loaded her machine and dogs into our firebird. I was so concerned with getting our stuff out on time that I had no plan. My mom was in shock and had never asked me what we were going to do, she always had it figured out, everything had changed. I didn’t want her see me worry So we went into a backyard of a vacant house in our neighborhood so i could think about what to do. We sat with our feet in the pool and let the dogs run around the backyard. The memory of my mom sitting there utterly defeated and frail is burned into my memory, with her 2 hours of air left before we would need to get somewhere.. So we didn’t have any money for a room and had to sleep in our car, the oxygen concentrator was a big machine so i would have to have the backseat folded down and store the machine behind my seat and put blankets and bags around it for the dogs, we would recline her chair back so she could attempt to get some rest. the 1st couple nights plugging her concentrator up at a gas station and a store. After the 3rd night in the car I was exhausted and it was her cell phone alarm to remind us when there was 15 minutes left so I could take it to the same gas station that let us wheel the thing in use their outlet to refill her tank. But no alarm went off and before long my mom was unable to breath and had to go to hospital. It was a nightmare. I found a seedy motel on parkway dr for $25 a day, My mom was still fighting name is Brooke Noble, I need to tell the story of how Wells Fargo killed my mom Marsha Kilgore whom was elderly, had a terminal illness and was oxygen dependent, yet was forced to learn enough of the law in order to sue Wells Fargo for a wrongful foreclosure. 
    We purchased our condo in 1990 for approx, $80,000 with a $20,000 down payment. Then in 2006 my mom was solicited for a loan with World Savings Bank, she was told was a fixed rate mortgage so she signed for this pick-a-payment loan, later that same day we read the details of the loan documents and found that it was NOT a fixed rate at all and several other inconsistencies, so we canceled within the allotted time frame with the right to cancel form provided, yet it was not honored. In 2010 it became  Wachovia and we applied for a loan modification and were advised by their agent to miss 3 payments in order to qualify for the modification, (this practice is called dual tracking and is illegal now) Then we are told we did not qualify for modification and are in default, no partial payments could be made. So foreclosure procedures had started, and Wachovia became Wells Fargo. My mother and I dug deep into our documents, and found robo-signed docs, fraud, and forgery of the loan application, so my mom filed a suit against them for a wrongful foreclosure, we were granted a TRO in state court, then it was moved to federal court where we were granted a preliminary injunction prohibiting the sale of our home. Through all of this my mom was growing tired, getting weaker and worn down. We overeducated ourselves, got a loan audit, found the REMIC our loan was pooled into in securitization, we learned how the judges pensions are mixed in with the mortgage backed securities thus the injustice of it all. Representing yourself in court is not easy, it is difficult to succeed with all the bullshit legal babble and fucked up rules that don’t bring about justice or balance. We didn’t know what we were doing, we only knew we were right and we were going to fight for what was ours. In July of 2012 it reverted back to the lender even though there had been a preliminary injunction prohibiting the sale of our home. I was at the auction armed with documents that should have at least postponed it. Apparently breaking a court order is permitted if you are the bank. So shortly after that Wells Fargo sues us in unlawful detainer court, they are trying to evict us. My mother is fighting to keep her home, and her life, she is calling every city official in Fresno to do something for her, she could hardly breath, but wouldn’t stop trying. She had her documents to prove all her claims clenched in her little hand just begging someone to Care. So in the unlawful detainer hearing nothing about how we were robbed of our home was relevant in the current proceeding, so no issue of title could be argued, it was during this fight that I saw my mom suffer the most stress and worry, She had a tank of oxygen rolling beside her, with her clothes too big for her, shaking, and worried to death. Anyway wells Fargo was granted their writ of possession giving us 2weeks to be out. My mom was in denial just sitting and staring, or still continuing to make contacts and fight for the house. I packed up all of our stuff in a daze not knowing what was going to happen just knowing that my toughest days were to come, what were we going to do? We have no family but each other and 5dogs, we had invested the little we had of everything into the fight for our home. I wish we had made contacts with a resistance movement to protest or sit in. Just to have the support of those who know what is going on. Maybe that could have made a difference for us. Instead it was like this.. The Fresno Sheriff department contacted the homeowner association director to inform our neighbors not to be outside at 6am on may 6 2013 during the lockout so that there was no one there to help us. My mom was like “what do they plan to do to us?” and on the morning of the eviction my mom called the police to come save us from the sheriff and the lockout, but to no avail. We were given an additional 24 hrs because we still had a lot left to pack, the locks were changed but we were allowed until 10am the following day on may 7 2013 to be out. I worked through the night trying to get everything out on time, we ended up not able to get some stuff out, but told no more time was allowed for us there and pushed us into the garage. The agent said that everything that we were keeping could be held for us in the garage. We set up a chair in the garage and had her oxygen concentrator plugged into the wall, it needs electricity in order to function, her portable tank holds only 2hours before needing to be refilled , without oxygen my mother wouldn’t survive, i continued moving the things we would be coming back for when we could into the garage. My mom was asking him for help at this point, she said that we had nowhere to go, and no money. She was crying and he told us that we had known for 2 weeks on what date we had to be out, Then he said that our time was up and we needed to leave now and he pushed us out into the alley with our 5 dogs and closed the garage door behind us. Throwing us on the street like we trash. It was a hot day, I loaded my moms machine and dogs into our firebird. I was so concerned with getting our stuff out on time that I really didn’t have a plan. So we got into a backyard of a vacant house in our neighborhood so i could think about what to do. We sat with our feet in the pool and let the dogs run around the backyard. The memory of my mom sitting there utterly defeated and so sick and frail is burned into my memory, with her 2 hours of air left before we would need to get somewhere soon. W didn’t have any money for a room so we had to sleep in the car, the oxygen concentrator is a big machine so i would have to have the backseat folded down and store the machine behind my seat and put blankets and bags around it for the dogs, we would recline her chair back so she could attempt to get some rest. the 1st couple nights plugging her concentrator up at a gas station and a store. After the 3rd night in the car I was exhausted and it was her cell phone alarm to remind us when there was 15 minutes left so I could take it to the same gas station that let us wheel the thing in use their outlet to refill her tank. But no alarm went off and before long my mom was unable to breath and had to go to hospital. I found a seedy motel on parkway dr for $25 a day, My mom was still fighting for the house, she called wells Fargo requesting relocation assistance, and was wanting to appeal the judgement but being displaced we couldn’t locate the documents we needed or come up with or the money within the 30 days we had to file by, so her hope was fading. She was hospitalized again for a few days and I asked the hospital to please keep her for the weekend and allow me to find a better place to stay, as being confined to a small room with 5 dogs is not going to be good for her. I was trying to make arrangements to go somewhere else or have the dogs stay with someone for a while, the hospital couldn’t hold her any longer and was going to give her a taxi voucher to get dropped off wherever. My mom didn’t understand what I was trying to do and thought I was just not wanting the responsibility so was trying to leave her at the hospital. So she called me on the phone and said “Brooke you can put me in a home if you want to.” I broke down crying she thought I would leave her right then just because it was hard? I had no choice to bring her back to the motel room. And her condition was getting worse and I wasn’t going to have her die in some dirty motel room, just as the manager was pressuring us to go because of the oxygen concentrator and energy costs they asked us to find somewhere else. So I found a house with a backyard that was recently bank owned with electricity on that happened to be in our old area and I got inside and we squatted there. We were only there less than a week when my mom needed to go to the hospital again. She was in ICU and her respiratory was failing. She went in October 9 2013, and my mom passed away October 16 2013, within 5 months of us being evicted. I sued Wells Fargo for the wrongful death of my mother, she worked hard her whole life, was in real estate herself and made principle payments on a property for 23 years only to have to walk away with ruined credit? My mom died a broken woman, she came from a different generation when the middle class was thriving, the American dream was obtainable, and there was protection for consumers against predatory loans like this. In the end there was no justice for us. So I believe that murder should be added to Wells Fargos list of the crimes they have gotten away with. I had representation this time but in the end they prevailed somehow, having their Summary Judgement GRANTED then – CASE CLOSED. I don’t see how the case could proceed while I had been incarcerated for the past 8 months (for stealing appliances out of a foreclosed home in Nov. 2014) I can’t stand the bank, always profiting from what the previous owner invested, it is sickening. So now I have nothing but a lot of pain, and anger. There was no justice for us. Not then when we spotted the fraud and filed our suit, not during the foreclosure when the stole our home and granted a judgement in order to evict us, and even today as I tried to avenge my moms death that was completely the fault of Wells Fargo and every dark hearted attorney that they hire. So now what can I do? I am at a loss and what other way can I fight this? I want to feel like I did what I could to avenge my moms death so that I can let it go someday. I feel very cheated and wronged.     

    • Tom Heinrich says:

      I would send your story to every politician you can find, every law school and legal clinic you can find, every TV show yoy can find, every screenwriter you can find, and to the United States Department of Justice Civil Rights Division and your state and county consumer protection agencies.

      Your mom is not alone, Wells Fargo foreclosed on the wrong condo in California and the innocent homeowner dies right there in Court right before the Judge, of a heart attack.

      Wells Fargo has no heart. Nor do banks. We need fundamental changes in laws so this won’t happen again and your mom didn’t die in vain…join and start legislation and regulatory advocacy groups…channel your energy into meaningful change. Maybe some attorney will think up some way to stop Wells Fargo and the banks from continuing their outrages…some positive changes HAVE occurred, but many more still need to ! Do your part. Make this heartbreaking story widely known ..Wells should be unmasked. Media and legislators are where to do it.

      ALL OF US SHOULD DO THE SAME !!!

    • Bobbi Swann says:

      Can I post your story on facebook? It needs to be shared and brought to the public view.

    • lms53 says:

      so sorry about your mom. these banks have ruined many lives including mine and my sons. my credit is ruined because i had to file bankrupcy and I cant get any credit for anything. I think this is what the banks wanted to do to us to bring us down further (us being the middle class) to erode what little wealth we have or had. The world is in evil times and all must be aware. I too feel broken and I have worked hard all my life too for what i have but really none of it matters anymore. I am just surviving for what I dont know, but Im sure God still has a plan

    • Lola Shalom says:

      Brooke Noble DONT YOU GIVE UP!!!! They just had me escorted out of my home but its not over yet. email me lrpearls@gmail.com

    • Janice says:

      I am sorry …..were you able to find any help? Your story breaks my heart , I have a story as well, I would like to talk with you.

  22. Karl says:

    I live in Florida and my house has been in various forms of foreclosure for 6-7 years. It was first held up by the Countrywide/BOA thing and then I hired a “hot shot” attorney that staved off going to court for a couple years then got case dismissed before it ever did. He was great. Bank reopened the case, same attorney staved off again until it finally went to court in August 2016 and we won case on statute of limitations foul-up by bank. Bank appealed in October, 2016. Bank dropped appeal in December, 2016. Is that because of the new Florida law? Am I out of options? Statute of limitations was my last defense. Should I hire said attorney again or is this the end of the road?

    • Tom Heinrich says:

      GIVE US THE NAME OF THIS ATTORNEY !

      …and yes, why would you use an unproven lawyer when you clearly have a (multiple) winner !! The road ends when you default on some term of your note and don’t cure it in time or you don’t find a fatal flaw in how they are trying the matter…if they finally get it right, you’re history !

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