Be sure to also see…
LINK – The Whole Country is BOGUS – Fabricated Mortgage Assignments All Over the Country
You wont believe your eyes…
Foreclosure Fraud – Mortgage Fraud – Assignment Fraud – Forgeries
Don’t be so fast to leave your home just because you are “behind” on your mortgage. Those payments might not be due at all, or if they are, they are probably not owed to the entity you are paying. In almost EVERY case, the “lender” seeking to foreclose on your home never owned your mortgage or your note. Don’t be a victim… Challenge EVERYTHING!!!
GO GET YOUR RECORDED DOCUMENTS!!!
~
4closureFraud.org
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I sure could use some…
Deutsche bank evicted me from my home in Aug.2012.. I know they did everything unlawfully. I’ve seen all the fraudulent forms. They foreclose on my home on October 10 2010.I have the abstract of the deed.. they have a quitclaim deed as of now & are trying to sell my home “AS IS”.
CAN I GO BACK INTO MY HOME IF I HAVE ALL OF MY DOCUMENTS ?
Kevin you should get a “competent” attorney. Why would you want the house back, when you can sue them for “triple” damages???
triple the damages, but of what price?
Well, their chickens have come home to roost!
CREDIT REPORT FRAUD. Another thing that’s wrong is the fall out from the mortgage fraud story is the damage this does to your credit report. Fraud is not a reason you should be punished for a decade or more! You did not do this but it affects your credit report. The damage can be reduced. Example: Your mortgage was 100,000 the bank forecloses and sells your house for $80,000, why are they listing and punishing you with the FULL mortgage, when in reality it’s $20,000. STAND UP and fight the credit bureaus to show accurate information, the bank recovered it’s money!!!! Your credit report affects your ability to get competitive loan rates and even jobs! FIGHT THIS NOW!
I pray for you even at this late date, we are going though the samw thing, perhaps not as yours or maybe worse. We are rightess, God will take care of us. We are many, with rightess family and friends. God has not brought us this far to drop us on our heads. I do not believe the American people will allow the Solcialation of the nat. housing. Will never fly here, the police and military are us, they have been foreclosed on too, as well as the samefull forecloseures on active duty sWe must fight this evil, by taking your own life you are giving the evil basturds what they want, and leaving the rest of us including your family to mourn for you. Things a very fluis right noe and its an election year, so anything can happen. I lost someone I loved very much suscomb to suicide and the pain of the memory will always be with me. So please think of your loved ones. I hope you post us and let us know if you are stll alive. Keep coming back here for helpful info and support. God Bless You & 4closurefraud!
Bank of A also has thieves working there…first hand experience…had an account that I was only depositing into and one day when I checked the account…I lived outside the country for awhile…so when I did check the account on one of my trips, one of the officer that I usually go to for assistance…had taken a loan without my knowledge , actually borrowed funds from my account!!!! When I discovered the theft she pleaded not to turn her in so I gave her chance to redeposit my funds…and it happened again another time at another branch and with a credit card payment of a cash $1K to close off an account…go figure…what happens from the top flows to the rest at the bottom….so there must be much confusion within that entity…thieves stealing from thieves within…defrauding unsuspecting customers…
See my February 12, 2012 update below….
I was also originally with Countrywide then BofA tool over our loan. In 2009 Countrywide posted our mortgage payment to the wrong account. Filed a Notice of Default with the county recorders office then 9 days later sent us a Notice of Intent to Accelerate they also added attorney fees in the amount of $552.00. They tried to tell me that they did not file the notice of default so I faxed them a copy. We were on a repayment agreement by the time BofA took over. We received a Fed-Ex with a forebearance agreement. We never asked for it. Reducing our payments for 6 months. We decided to do the forebearance agreement then modification to help get ahead. They deducted the attorney fees wrongfully charged in March 2009, out of every mortgage payment then they put our mortgage payments into an Unapplied Fund account and refused to post a single mortgage payment. Dec 2009, the modification came through. They over capitalized everything and once again added in the attorney fees they were supposed to remove from March 2009, they deducted a total of $774.00 for those attorney fees and never refunded them now they capitalized them into the modification. Our 1st payment was due 2/1/2010. I had over $3000 in the Unapplied fund account to be used as payments for Feb 2010 through May 2010, it dissappeard. I made over 600 phone calls all documents sent 75 letters no one would help fix the mess they made. Until May 2010, a representative said she new how to fix our loan she seen it before the master file had to be corrected so that they can post the funds not posted when they posted the modification (they new they had over capitalized and did not want anyone to know) Next thing I know a notice of default and election to sell is filed with the recorder. From June 2010 through March 2011 BofA swore up and down we are fixing your loan and the Notice of Default is being cancelled. Then March 16, 2011, a realtor came to our front door he said our home looked as if it was taken care of and he just wanted to make sure that we new it was being auctioned off in an hour. No we did not know called BofA No they said your home is not being sold. Sure enough they auctioned off our home. It went back to Fannie Mae. I have not slept since March 2010 I have constant panic attacks, I am now on medication and I was never on it before. I am tired and just dont know if I can do it anymore. We hired an attorney who was a joke. I sold everything I had to hire him for nothing. Now I have nothing left to sell to hire another attorney alot it would do me anyway. I just cant believe how they lied everytime they spoke to me. They tried to correct the mortgage by crediting forward that does not work that was the reason for correcting the master file. I dont understand why they just didnt do what they said they were going to do. It was supposed to be fixed in 7 business days. All the payments reposted from Feb through June 2010 and I could have started to make the payments again. Because they were sending my payments back to me in April 2010. Well thats my Horrer story the worst thing is the courts out here in Utah were I live are for the banks not the homeowners I think they have thrown out every case to this day. Wont deal with them. They say you cant sure bofa.
Bank of America is very sneaking, it knew of the upcoming and sold our loan but dated as if we had not paid since 2009 .there was also a crazy charge tacked on that they kept and continued it as a equity line which we didnt have. I think they tried to sneak a credit card bill that we could no longer pay on the bill , I thought it was just a normal loan but they call it the equity loan.then they went and also sold the main mortgage loan , so we have three bills and they send us letters for flood insurance for everyone of the loans .What is that? they do not responde to my attorney, they are above the law because that how they feel , they are not afraid of the government because they are bought. the government gave more money to help out the homeowners but as much as they have given we havent been helped yet. I have had nervous breakdowns over them sending and sending letters even though they have been paid. its just a big joke to them and I wonder how many have died over the stress of this mess? we are about to throw it in , we are done. we can’t take it anymore. And for that billionaire to give bank of america 5billion , he is a traitor and I pray he loses every penny .
All true Ramona..! Its a slow motion train wreck……but there will be a train wreck…Their criminal guts will be splattered all over the country..No doubt about it…there is no legal or monetary fix for $700 trillion in mortgage fraud…The hideous truth will be revealed to mankind..
Hopefully before they decide to blow up the economy….WE THE PEOPLE have to beat them to their knockout punch and sue the dirty bastards..and stop allowing them to victimize us.
I bet even the vultures will pass up that rotten road kill 🙂
BofA is not just ABOVE THE LAW in its day to day operations, it IS THE LAW. When I gave notice that I discovered BofA’s fraud of erroniously reproting to have given me not one loan, but FOUR, in just as many states – I have been shot at twice (one projectile struck our house, went through a medicine chest, interior wall and became lodged in a bookshelf – four feet from where my wife was seated. My wife was ran off the road, the car struck a tree and went down an embankment. She was left for dead but sshe lived – nopt a scratch (several bumps & bruises). Then almost one year to the day of that attempted murder, my wife was nearly beaten to death when she went alone to our storage unit. BofA has conspired with County officials, namely Carolyn m. Kusler (Clerk) to fabricate fradulent occurences leading to a bench warrant for my arrest. Kusler also conspired with the County CLerk of Tulsa County to make charges of; AGGRIVATED ASAULT ON A POLICE OFFICER, KILLING OF A POLICE ANIMAL, ASSAULT & BATTERY ON ELDERLY OR DECREPID PERSON RESULTING WITH INJURY TO ORGANS, CAUSING BROKEN and/or PROTRUDING BONES, NEAR LOSS OF LIFE, TRAFFICKING OF CONTROLLED NARCOTICS/MARIJUANA, ASSAULT ON A POLICE OFFICER, BATTERY OF A POLICE OFFICER. (Kusler is a former Major with the Tulsa PD and form Chief of Police of Broken Arrow, OK with strong ties to Sally Howe Smith and others) She has changed dates on BofA documents and then filed them. She didn’t even try to hide what sshe did! Yet, because she is doing the bidding of Bank of AMerica, N.A., she too IS THE LAW! Well, yesterday, after living in WalMart parking lots of nearly twwo years, we received a call from the FBI regarding the evidence we submitted, along with our story. We have an appointment but I am almosts afraid to go! Fuck it, I am now sick of living anyway. I don’t care if I’m killed by thesse thugs at this point. We have lost everything, my HONORABLE MILITARY SERVICE hass sbeen disgraced and I am tired. I am ready to die.
BOA is not above the Law or the Law…be patient and see but do not let them win…wanting to die is a coward’s way out and will only affect negatively your surviving loved ones…stop feeling sorry for yourself and shake it off in Jesus name and think, man, think of all the skills and talents you have and see how you can use them for the good of your family and to defeat the enemy demon that wants you to cooperate with him to take your own life or give up on the gift of life…GOd is still on his throne…we can learn a lot from all these trials and tribulations and become stronger for it…why on earth would you want to just give up on live? There is a life and a future…look around you, cast out those suicidal and depression demons in Jesus name from out of your body and mind and as the Lord to strengthen you…He says His grace is more than sufficient for us and that His strength is made perfect in our weakness…ask Him what that means…but I assure you, He loves and cares for you and your love ones….we must humble ourselves before Him and learn of Him, talk to Him and ask for His help, He wont override your will and stand tall and show your family that nothing and no one can take you out. You see, when you trust GOd and read about His promises in the Bible, one of them says that ” No weapon formed against us will prosper, weapons will form but they wont prosper…” but you have to know Him and believe in Him…I will pray for you and hope that you are encouraged by this message and know that there are others that also do care…there are others in worse situation than you share although not everyone share their story…so take heart and be strong in the Lord and the power of His might…
@ramona
What action is your attorney taking when they don’t respond?
See below my comments re BOA….
There is a class action law suit on making people buy flooding insurance. Just type in class action law suits BOA and there are tons.
My original home loan was through Countrywide. It was then taken over by BofA to which I was making my payments. I declared bankruptcy and know my home is due to be foreclosed on. However I received a letter from an attorney that Countrywide is auctioning my home on Feb. 9, 2012 and the law firm is representing The Bank of New York Mellon FKA the Bank of New York. What happened to BofA? Did they sell my loan sometime?
Allison…are you in a non-judicial state?…if not they cant do that…if you are in a non-judicial state you need to bring a lawsuit quick……they don’t have to prove standing once they are granted a fraudclosure..
I live in TN. I think it’s Non-Judicial.
Have you checked your property records? You may want to get a copy of the chain….any assignments and releases..etc…if they auction your home they may erase your record of proof they never had a legal right to take your home..better to be proactive than wait around tor the hammer to fall..the government is very sneaky…..I now consider the banks, wall street and the government(s) one giant fascist regime…they are THE UNITED STATES OF CORPORATE AMERICA…there are many traitors from within…..
@Allison
I think, someone can correct if I am wrong, that they have to file a proof of claim? I know they do in a Chap. 13 but I’m in a judicial state so it may be different. If so, you can file an objection to their proof of claim, that’s what I have read anyway. I filed a 7 in a judicial state and they don’t have to file a proof of claim and they never filed for a lift stay so I filed an adversary complaint and went on the attack. I’m not sure it works the same way in non-judicial state. I can’t find an attorney so I’m on my own, however, if you can find one quickly, go get a consult, quickly!
TIME TO TAKE OUR COUNTRY BACK AMERICA!!!
Allison, If you check , you’re paperwork most likely says American Brokers Conduit , naming B of NY and Deutcsh banc as trustees and a lot of #’s , that is your servicing pool , CW bought it even though they weren’t named , then we know the rest of the story . B of A is a servicer and has no right to foreclose .
I have been SHOT at twicw, my wife has been run off the road (car went down an embankment hitting a tree at the bottom – she was able to walk away) , the wprst: my wife was beaten nearly to death when she went to our stoarage unit in Broken Arrow Oklahoma. We have been subjected to the tryannical actions of 2 PAID FOR County Clerks. I am tired of this. It has been going on since November of 2010. I am ready to die. Life in Wally World parking lots ain’t a picnic. I am so very tired, I am ready to die. I welcome it. Wish all oy you well.
Master Chief West…don’t let these dirty criminals win! Shoot back! We are not a nation of cowards..! Think of all the battles we have fought and all of the people who have given their lives, blood and sweat for freedom and have fought for and upheld our U.S. CONSTITUTION, LIBERTY and FREEDOM..???We are going to give them what they want? These Criminal IMPOSTERS, robbed us and they want all of us and our future generations to live in the poverty, debt and destruction that they created by MASSIVE LIES, DECEIT AND FRAUD?? THIS IS OUR COUNTRY, WE THE PEOPLE PAID FOR IT, FUNDED EVERYTHING INCLUDING THEIR LOUSY WARS THEY CREATED TO WEAKEN OR DESTROY US AND YOUR ANSWER IS KILL YOURSELF?? SHOOT BACK NEXT TIME…AND SUE THE DIRTY CRIMINAL BASTARDS AND I MEAN THE EFFING NO GOOD TRAITOR POLITICIANS TOO!! WE THE PEOPLE WILL BURN ALL OF THEIR FRAUDULENTLY INDUCED DEBT FRAUD..NATIONWIDE….AND BBQ THEIR FRAUD…! We the people will throw them all out of our house…THE PEOPLES HO– USE…THE HO– USE THE PEOPLE BUILT….THE UNITED STATES OF AMERICA!! GOD BLESS AMERICA!!!…..AND CAN SOMEONE PLEASE TELL ME WHY THE HENDERSON COUNTY SHERIFFS DEPT WEBSITE KEEPS POPPING UP ON HERE AS I TYPE THIS COMMENT??? WTF??? AND THE ST. JOHNS COUNTY CLERKS OFFICE?? WTF?? WHERES THAT? ? AND WHO THE HELL ARE THEY?? A BIT WEIRD, RIGHT AMERICA???
You are an ex serviceman and now you want to kill yourself? Come on!!!…How could you serve your country honorably for 6 years and want to give up the real war here at home??? THE REAL WAR, THE. WAR THAT THE MEDIA AND THE POLITICIANS DO NOT WANT THE PEOPLE TO KNOW ABOUT?? THE WAR…… ON OUR NATIONAL SOVEREIGNTY AND THEREFORE OUR FREEDOM!!!!! COME ON..LETS HAVE A NATIONWIDE BONFIRE…WELL BBQ ALL OF THEIR FRAUDULENTLY INDUCED DEBT FRAUD…!! CNN REPORTING…WHITNEY HOUSTON DEAD!
Master Chief West
Life brings some of us many challenges and for some the life path places mountains we must hurdle to continue on that path. I don’t know if you have a faith but it can bring much comfort when we feel we can’t go on. Others can steal your possessions but they can never never steal your soul. They can steal your spirit if you let them; but then they won. Please consider reaching out for some support and help with the depression so you will have a better outlook about how to proceed with your life. It is too difficult to think and plan when we feel so desperate and tired. This leads to deep depression. We all are in similar situations fighting for our homes and our constitutional rights. This country is at war now; the 99% against the 1% that have robbed us all and financially destroyed the US. If you get some help from community sources, you may feel up to the fight later or you will have a better chance to move on with your life by making the best possible choices! Wishing you the best; please hang in there.
F**K THESE LIARS..AMERICA IS OUR HO– USE..OUR COUNTRY..WE FOUGHT, FUNDED, BUILT AND PAID FOR IT!!! WE THE PEOPLE SAVED THE WORLD FROM THESE NAZI COMMIES ONCE BEFORE AND WE WILL DO IT AGAIN……NOW ON OUR OWN SOIL! THE NAZIS ARE HERE AMERICA..!!!!.WAKE UP…!!!! THIS IS WW III THE REALLY BIG ONE….IT STARTED ON 9/11…THAT WAS THEIR FIRST STRIKE AGAINST US…NOW ITS OUR TURN!!!!! WAKE UP AMERICA….SMELL THE FASCISM AND THE TYRANNY….THE NAZIS ARE HERE TO STEAL IT ALL FROM US THIS TIME…OUR HOMES OUR NATiONAL SOVEREIGNTY AND OUR FREEDOM…
B of A is the successor to countrywide. They may well have sold the note. Depending on your state, mortgage notes are frequently “bearer paper”. This essentially means it belongs to whoever possesses the original note. Its common practice to sell and resell notes. Do NOT construe this to mean youre obligation to repay has been negated. It hasnt. Its only been shifted to the new bearer. Keep good records of all payments to protect against legal liability. If you are unsure who to pay, then establish your own escrow and continue payments to that account until you get clarification. DO get competent, qualified, legal help.
Please read about MA’s Registar of Deeds who is changing the game completely! He was the first to stand up and say NO to “too big to fail” – his office is doing a lot of things in order to help homeowners:
http://boston67.blog.com/peoples-hero/
I am in limbo,I live in fla. and I have been in limbo since march of last year The infamous David Stern sent me paperwork that he and the mortgage co.were going to foreclose on the property that I was living in,since 2005.I too tried mods,after they sent my money back saying i was late with payment.I fell behind my mortgage after my husband and i separated.i did what i could to keep my home and yes i was working.i was doing everything right but i just fell behind.well it has been a year and i am still waiting.i guess since david stern is no longer on the throne i am in limbo,because of the pending foreclosure i chose to move out,i fought one time and i was able to save my home but this time i couldn’t so i moved out.freddie mac is the servicer, pnc supposedly has the mortgage but at this point i really know nothing.i have been waiting for a class action,but right now i just want my credit cleared of the pending foreclosure.right now i am in the process of of a deed in lieu unless someone knows another suggestion.can’t afford a lawyer at this point.
I have PNC as well. Would like to share with you what I am doing. I am fixing to file some documents that will take all the wind out of their sails. I will be glad to share what I have found.
What are you doing? I have a 1st with BOA and a 2nd and 3rd also with them. We are a few months behind but have not recieved any forclosure notice. Is there a way to find out if my loans are fraudulent or who really owns them? About a year ago I tried to do a modification on the 1st and they said that the ones they sold my loan to doesn’t do that. What i that all about? any information or suggestions you have I would love to hear about.
Sandi
Noneya and Happy1728…. I also have PNC and David Stern and want to organize those in similar situations to share and help each other. I am in the process of filing against them both.
Please email me at: DemocracyArchives@gmail.com
Thank you.
I also have PNC and am desperate to do something . Do you mind sharing what you are going to do? It may help me too!
send me a copy if you could they are on my list also
Thanks in advance dauntiedonna@gmail.com
Hi Noneya, I have 2 properties that I am in trouble with. I can’t afford a lawyer and am trying to follow the process myself with my Rights of OUR Constitution on my side. I would appreciate any information that I can get and/or examples of any documents to file. You mentioned willingness to share what you were doing back in October, and that you were about to file some documents. I would so appreciate if you would please share them with me as well. My email is archie1@hawaii.rr.com. I would also be interested to know your updated status if you are willing to share. I wish you the very best and Blessings to you. Take care…
Keep fighting I have not paid a soul since 2010. Because I have been to court 4 Times and they can’t say they have the note or deed. I have even been to Frederal court. I was paying people even Freddie Mac came to evict me and lost and Freddie Mac gave me the house of Zero and now others no no one knows who owns this house If I were you I stop paying any one until they can figure out who the lender is. 503-964-7931call if you want more advice I done most of this with out a lawyer. I even won a summary Judgement.
Any receint information on American Home Mortgage Servicing INC . Coppel tx ??
I am filing lawsuit against them . Any help is appreciated>>
Linda,
What state are you in? Have you checked with yor state Attorney Generals Office? I have
A.H.M.S.I. as a “servicer” (their claim) and our state Attorney General has issued a “cease
and desist” order against them from fraudulent foreclosure practices here in the state of
Texas. So even though they keep sending me threatening letters and pawning the NOD
(Notice of Default) off to different firms (collection agencies and registered agents) I ALWAYS
respond via certifed mail to their demands with my own demands and I cite state and Federal
laws tha they are in violation of if they fail to respond. They always send me some generic
response but NEVER, EVER provide the information I have requested from them so they cannot
legally foreclose on me until they comply or they will also be guilty of the DTPA laws ~ Deceptive
Trade Practices. In EVERY correspondence I send them, I “cc” our state attorneys general and
his ffice ALWAYS responds back in kind. Keep them accountable by including outside concumer
advocate entities in the loop. It will cost you a little more in time and certified mail receipts, but you
will find that it will be worth its weight in gold in geting you the responses you will need to pursue
your lawsuit. Best wishes to you and hang in there!
Thanks for the information I reside in Texas, also and MERS along with GMAC Mortgage are trying to foreclose on my property any information you can give me to sue them and retain my home is appreciated.
email me and I’ll send what I have on American Home Mortgage Acceptance and AHMSI bhcoleman@myexcel.com
ANYONE HAVE DEALINGS WITH ” American Home Mortgage Servicing INC ??????????
Yes i have. if u want specifics write me back at my email address.
THANK YOU !
Florida is a model a model T as an example of Honesty. Predatory Victim Ron moss
At least you have some intelligent working lawyers there who care about you. You wouldn’t believe the lack of lawyers willing to challenge the banks in California.
they are so manipulated by the Judgesw to do only what the Judges want, they can hardly hold up their heads. the worst thing about californiaiare the courts and the judges.
To the guy with the moldy trailer: Mold is no laughing matter. Get out of there before the mold kills you. Walk away from the crappy trailer and declare bankruptcy. Do not pay the bank another penny. They don’t deserve your money – they may or may not have been complicit in the loan fraud your loan officer perpetrated, but aside from that, they’re a crappy bloodsucking vampire just from being a bank in the first place. Report your loan officer to Rachel Dollar, she is at http://www.mortgagefraudblog.com.
You can file your own bankruptcy, which just costs the filing fees; if you want a lawyer it will cost around $1500. You seem like you’re smart enough to educate yourself in the right way to file your own bankruptcy since you’ve been fighting with your bank. If you get a lawyer, you can tell any collection agents who call that they must stop calling you and instead call your lawyer. Or you can just get a prepaid cell phone anonymously, and give that number to family and friends, and get rid of the phone the agents keep calling.
Find a piece of “junk land” somewhere rural for $2000 or so, consider for anonymity’s sake forming a land trust to buy it in, using documents from http://www.totalrealestatesolutions.com or if they don’t have a land trust form then maybe some other legal forms website will have a form for sale, or look on Ebay for a used real estate investor course that might have that form, and make some friend or relative your trustee so that you aren’t the owner of record (so the foreclosing bank won’t try to attach your new property, although the bankruptcy will make it so they can’t do that anyway).
Clear off a spot (hire a guy with a bush hog or let someone cut down a few trees and keep the wood in barter), buy a used RV or travel trailer, because this piece of land probably won’t have any utilities, get M.D. Creekmore’s book on how he did this and got off the grid, and don’t take out any more loans. Creekmore’s website is http://www.thesurvivalistblog.net/
You can also just buy a used RV or retrofit a van, not bother with the land, get a mail drop and change your residency to Nevada, and become snowbirds. (this requires one trip to Nevada to get a new drivers’ license and the mail drop). Look in Craig’s List for the RV and pay cash, you might be able to get one for around $2500 or even less. Check out http://www.cheaprvliving.com for ideas. I say Nevada because they don’t have a state income tax, they’re snowbird friendly, and you can pretty much just walk in and get a new drivers license without having to prove you have an apartment in Nevada. The mail drop is enough.
If you can’t afford any of this, is there somewhere you can couch-surf for several months in order to save up the money? You’ll need to get out of there anyway to avoid the mold. Also keep in mind that your mortgage payment, if you’re keeping it, you can save that up towards your new life.
Good luck. If you take nothing else from this, take this: Refuse to play their game. You owe nothing to that bank. You are not messing your honor up by refusing to pay on that crappy trailer. It is possible to have decent housing for under $5,000. And I would sue that loan officer personally for fraud, just to make a point. You might be able to get Legal Aid to help you with that.
PS: My blog is http://www.pennypincherpersonalfinance.blogspot.com. I have been a loan officer, legal secretary, real estate investor, and title examiner. I’ve seen a lot of crap and weirdness having to do with real estate.
PENNY PINCHER…YEAH RUN …AWAY COWARDS…HEAD FOR THE HILLS!!! ….THATS THE ANSWER…GET OFF OF OUR OWN GRID THAT WE BUILT, FUNDED AND PAID FOR..!!!!…..LET THE CRIMINAL IMPOSTERS HAVE EVERYTHING THAT THEY HIJACKED FROM USAND STOLE…. UNDER THE GUISE OF BIG LIES,MASS DECEPTION AKA FRAUD! OUR GOLD, OUR NATURAL RESOURCES, OUR LAND, OUR HOMES, OUR GODDAMNED BIRTH CERTIFICATES…I SAY HE OR SHE SHOULD OCCUPY A STOLEN FRAUDCLOSED HOME..WHY NOT?? THE U.S.. TAXPAYERS FUNDED AND PAID FOR EVERYTHING THESE BASTARDS HAVE HIJACKED!! WTF?? LETS NOT BE EFFING COWARDS HERE AND HEAD FOR THE EFFING WOODS!! GUTS, GUNS AND GOD!….AMERICA IS OUR HO– USE…WE THE PEOPLE FOUGHT AND DIED FOR IT, FUNDED IT PAID FOR IT AND BUILT IT! OCCUPY!!!
Has anyone out there had problems with HSBC Beneficial??? I have been having an ongoing, never-ending nightmare with them since June 2008. I have an appointment Tuesday 6/21 with my lawyer who reading over our contract. When we took out our loan it was for 20 years at 7.50% FIXED….or so we thought! I lost my job, we fell behind but worked very hard to catch up. I found temporary work (off and on in medical transcription on line) over the past 3 1/2 years while HSBC continued to threaten and taunt us with numerous phone calls per/day and per/week. There is a whole lot more to our story but bottom line is most recently we discovered they filed the loan for 15 years and it is at 9.88%…..which we never would have agreed to. The phone calls have been numerous, the threats and arrogance have increased to the point where I get so upset with the phone calls and end up crying, because we get NO WHERE except that it’s all out fault and they are “doing all they can to help us.” How do you figure that when the original loan was for $125,000 and now it’s at $130,000!?!?!?!?! I am at my wits end with these people and the more I read about them and this entire nightmare the more I want to sue or fight back. I need some feedback to support my case. HELP!!!
My original loan request with a local california broker was for $30,000. He checked out my assets, did a huge loan of $185,000 and gave me $29,860.15. Now after a couple of flips of that mortgage I could never afford, Wells Fargo wants $485,000…..they are a “big” bank aren’t. They got the Bankrutpcy Court to “Dismiss my Complaint (in its entirety) use that phrase which, they say may mean I can’t never bring any of those issues again. But, what about the other people in my complaint, not well fargo. They deleted the schedule meeting for that day 5 days before and just had a meeting “for” Wells Fargo. Am I surprised in California? A little. I had heard the bankruptcy court were “audit” court, the Judges were better than Superior or Appellate courts here becaue they really looked at the Record. Not in the case. The Judge wouldn’t let me speak at the meeting, so he never got to be told that Wells Fargo sold my note to a Trust. In all their Pleading Wells Fargo keeps saying “secured creditor” but they are not. Too bad that most important detail isn’t important in Bankruptcy court in California. I’m telling you, california is a wonderful and beautiful place, except for the judges, the courts, the banks, the multi-millionare. Too bad for California.
Sharon, change your number…use only a cell and return any mail after copying to your file and write on the return mail “stop mail fraud” !!! That always stops them even if they try again under another name just do the same thing as often is is necessary. Dont let them weary you out…that is one of their strategy…only leave your home if it has mold…
MERS = scam against borrowers and FRAUD! Where is the DOJ?!?
Holder and all of his evil minions and cohorts are probably eating cake from plates made of pure gold with Paulson, Blankfein, Bernanke, Geithner, Boehner along with other Senators and members of CONgress…..hope they all choke and die….!
And that other little sneaky sleaze bag coward…Lani Brewer..hope that crook chokes too!
In 1999 I got an Installment loan for a ranch style double-wide home (I was not able to get the home loan because it was considered a moveable structure with wheels. My mother co-signed. I later placed the double wide on land that was given to me. In 2001, I got a commercial loan to build a small home based business using a CD as collateral. The notes were both from the same bank and I kept them separate. a few years later I did refinance the commercial loan in which the bank released my CD to me and I used the land as collateral . The bank went out of business and the new bank took over. I never went to see if I could just combine the two notes over the years. After a missed payment for the commercial note the bank attempted to accelerate payments and summons for foreclosure action- ( I myself answered the summons and filed my answer stating to the court that I was trying to do a loan re-modification). I went to the loan department after I filed my answer to the summons. the bank told me they could combine the loans, stretch it out with no problem using my equity and cutting my payments in half. When collections department found out -they poo pooed it and their reason was because I answered my summons, it was out of their hands and that most people don’t answer summons it usually just becomes an automatic default . So they hoodwinked the court into thinking that the loans are tied together as one. The courts attorney sent them a letter stating that they were prohibited in seeking more than the commercial loan default but they got away with that as well I believe because it was never brought up and I did end up losing the commercial default judgement. I just wrote a letter to the courts attorney to let her know that the loans are entirely separate and not tired together. I also let her know that because the loans are separate, it would appear to me that they would have to file another judgement default against the ranch style double wide.Anyways i feel that I have grounds for a law suit>
I don’t know if my problem applies here but… I entered into a lease/purchase contract with an “investor” in 2007. I gave them $10,000 down payment and $1,000 a month rent. This was a 3yr contract – 2years, if I didn’t exercise my option, then it would go into the 3rd year, which is what happened. 9 months into the 3rd yr contract, the investor took out bankruptcy and even though they stated in their bankruptcy I was in a lease/purchase contract, they still gave the house back to the bank and also spent all of my money. I have been frantic for a year trying to get the bank to negotiate with me but they won’t because I am not on any of the paperwork. Upon investigating, I found the investors didn’t own the house, their name is not on the title anyplace. The house was placed in a Trust with the investor’s sister as Trustee for the family trust of the original home owner. She supposedly made the investor beneficiary of the trust which they say gave them the right to do as they pleased with the house. The contents of the Trust are not public information so no one knows what is written in it. Further investigation proved the original home owner passed away in Dec 2009. Now the house is going to have a bank foreclosure sale on May 24, 2011. It was postponed due to my proving the real owner of the house is not known. I am literally going to be on the street when this sale is finalized. I am a senior citizen and cannot find help anyplace. I hired an attorney who in his heart feels I am doing just fine. I am financially devastated and emotionally a wreck. Is there any help out there at all for me?
I am sorry to hear about your situation. This is not legal advice, my opinion is that you do have standing in order to bring an action against the lender for an equitable interest in the property. Have your attorney bring an action against the lender for quiet title.
This will move the court to verify the real party of interest. Make a motion to settle with the lender to assume the current market value of the home and create a new loan for you.
Go to http://www.Lawyers.TL to be referred to a real estate attorney in CA.
Believe me, God is always there to help the widow and the fatherless …just call upon His Name…and stay in your house…and file a suit against the investor trust and the bank and everyone else you can think off and gather your into as much as you can….and pray…
I live in Colorado. I just found this link & tried to get the free Looking Up Public Documents but it has been pulled. Can anyone send it to me? I would be very thrilled! GMAC Mortgage LLC & BankUnited FSB (shut by OTS 5/21/09) are pulling all sorts of things – an allonge just surfaced (not notarized or dated) as well as a Corporate Assignment of Real Estate Mortgage that was signed by a man who used some other notary commission number from a man who died 2 years earlier. Help! GMAC (the servicer) told us Wells Fargo owned our note and then in another letter said Deutsch Bank, as Trustee owned it. Now a week ago GMAC filed an Assignment of DOT from the original lender, BankUnited FSB, to themselves & recorded it in our county records. How do I track down any of the previous assignments? Any ideas would be helpful. Thanks so much!
I can tell you that you may want to save all documents as they are produced…the new assignment is most likely bogus…and GMAC used to or still does own Homecomings Financial / a GMAC company (do some research so you can better analyze what is happening) and you will also find out in your research that Deutsche Bank owns GMAC….along with some other banks…and servicers….
If a lawsuit was filed against you for foreclosure, they should have attached all the chain of titles (assignments) along with a copy of the mortgage(make sure it is a copy of the original and not tampered with prior to recording)….other than that…unless the assignments were recorded…you will have to assume there was a break in the chain of title. Hopes this helps….I would like to see those letters…and that new assigment….
I have the same issues with Homecomings, GMAC, Nationstar.
The qualified written request I sent to Homecomings came back as undeliverable, GMAC claims that they were just the servicer (documented letter) Nationstar denied being the note holder and just the servicer.
Hi Evonne, thanks for the info. I would be happy to send you my docs/letters from GMAC and also the new assignment (actually there are 2 assignments. One dated 3/25/11 that I found at the clerk & recorder office & one dated 3/2/11 that GMAC sent me. How do I get them to you?
Yes , Deb…you can send the docs to me…I will send you an email where you can send them to…give me a number to call so I can give you my email address….
You MUST make them PROVE they are an ACTUAL LENDER trying to foreclose—they can’t! DEBT COLLECTORS are trying to foreclose—NOT LENDERS. There are NO LOANs in the subprime mortgage fiasco—no chain of title—only fraudulent paperwork—they created loan “products” with “pretender lenders”—don’t let a debt collector steal your house—they lack STANDING and OWNERSHIP of your house—don’t believe them—it’s a giant con to keep re-selling false default debt—you must educate yourself and FIGHT them!!!
I had a foreclosure complaint issued against me by Washington Mutual (WaMu) before they was into bankruptcy. JpMorgan Chase continued the lawsuit using the WaMu name throughout and a judgment was issued against me in the name of WaMu. JpMorgan claimed they were assigned by the FDIC to be the owner / and or processer of the mortgage. They never produced an actual assignment and the recorder of deeds office has no assignment -only the original WaMu mortgage and WaMu note.
Does anyone have any advise , or know of any attorney who had had this kind of judgment vacated. Also the law firm they used is being sued and investigated for having paralegals sign attorneys names on thousands of foreclosure documents. Thanks anyone.
PLEASE…read ALLbelow: MAY HELP someone:
GMAC is a devious and crooked entity…not a true American entity…own by foreigners…Deutsche…Gmac keeps playing games with different ones…that is why I keep asking for every one to send a list to each other of all the so called trust in whose names foreclosures have been filed against…we can cross reference them to see how often the same trust keeps popping up under different trustees names.
I am in Florida. I Deutsche tried to foreclose on me via Stern and also have robo signers docs and other fraudulent documents including a copy of a so called note they said they had but to date cannot show the original…meanwhile, the case was dismissed by the admin judge and prior to that Homecomings was supposedly the servicer then midway GMAC sent notice that they were the new servicers and owners…
Whenever I get something int he mail from anyone that identifies themselves as GMAC or affiliated with them I copy the mail then return the original to them with words scribbled across the page: Stop mail fraud…stop harassing me, ” and they stop. They even had a realtor personally stuck some papers with her card in my door offering modification …I have absolutely no intentions of selling my home now or in the distant future!!!
The only thing I get now from GMAC are letters stating they paid so much…for flood insurance…I am not in a flood zone!!! and that they have paid windstorm….and I pay for all, and I mean ALL my own insurance and property taxes….then a couple times, and recently as December, they tried to circumvent me from paying my quarterly tax payments by making a double payment to cover the last 2 quarters on Dec 1st which of course did not allow me to make my payments on line….well, I am a determine person…I called the tax office and no one could tell me who made that payment…so they got back to me and asked if I had a loan with Deutsche or GMAC…which of course I do not…however, I reminded her that even if I did have a loan that it was my right to pay my own property taxes which I had personally made arrangements with the tax appraisals office to do so for a few years now…and of course she agreed…i was told to send in my usual payment and they would once again return the funds to the bank with a note. If I had not done that it would have been difficult to renegotiate another agreement for the quarterly payments and the bank knows that once you miss a quarterly payment the tax office returns you to the annual payment. Someone from those entities are really watching my movements closely…then they had the nerve to send me a notice of tax payment for the IRS…and I return it to them with the same message…I don’t need them to tell me how much I pay for my taxes…I highlighted the section that states that if a borrower is paying $600.00 or more in that tax year this notice was to be sent to them…so they are such liars as I have made no payments to them …why should I?
I urge those of you that have a genuine case to take care of your home, pay your taxes and insurances and when you file your complaint or defense let the attorney and judge know you are maintaining your home, at a cost, your sweat equity and that you are living out your accrued equity over the years until the true owners, if not you, can prove themselves…etc.
Hope this helps somebody out there.
A strange thing happened to me yesterday…I was mopping my bedroom, on speaker phone with a friend, glance outside my window and saw this red pickup truck with someone in it taking discreet pictures in front of my home. I quickly went outside to inquire and the young man told me that he was only doing his job, that he worked for a company that is a client of Bank of America and he had my address written down on his pad…and gave me a card with the name of the company he works for…I was so upset, that I forgot to take out my flip that I always use to document incidents etc and so that was why we need to remain calm at all times…
Well, I called the person on the card…a company named Independent Securing Services, Inc….and the girl almost did not want to talk with me but I was cool by then and informed her professionally who I was and that I was the owner on this property for over 20 years and what business does BOA have to do with my property as the only business I have with then is my check account. and that is about to change…she said BOA did not inform her of the reason only that they wanted to check if the property was vacant or occupied….well, outside is my well kept garden and benches etc and other signs of occupancy and the fellow did not or had no intentions of getting out of his truck to take pictures or knock on the door….
I pondered this incident for quite some time…and realized that there appears to be banks competing with each other, looking for vacant homes they may try to us adverse possession to steal, or, yet still, and more damaging, how many notes are out there for those who paid off their mortgages more than once like I have abut never received back the notes that were to be returned to me and still out there being sold….mmmmm….I should be earning lots of money having my signatures out there, God knows where and making money for these crooks. I now wait to see how many banks will send me a letter to offer me some relief from this new agreement that they just signed….interesting to see how many notes are out there in my name…your thoughts….
Sorry, not modification, SHORT SALE!!!!
To Tell the Truth,
GMAC is just one of the con artists. they have put you through hell but they are not unique.
it became so crystal clear when reading other posters’ experiences, that this is such
wide-scale, horrific fraud.
all of our stories are a bit different but very much the same: we have been swindled.
our homes have been stolen.
our money that we have invested in our homes has been robbed.
the phony “settlement” is no settlement at all for us!
TO TELL THE TRUTH….This crap is not uncommon…First Midwest Bank did the same thing to me and my husband..months after the Fraudclosure lis pens was recorded and the whole uncivil …illegal….lie started….FIRST MIDWEST…” sold” their crapped out fraudulently induced mortgage and note to BAYVIEW,LLC..down in FLA..I was lucky enough to gain insiders info into the whole crime scene…this was our commercial property..our livelihood and our future retirement $$$$….We were thrown into fraudclosure and receivership by many manufactured circumstances created by the U.S. GOV..and the FED RESERVE BANKING SYSTEM……A COMPLETE UNCONSTITUTIONAL and ILLEGAL FRAUD..My husband knew the SO CALLED “COURT APPOINTED RECEIVER”…he used to work at none other than FIRST MIDWEST BANK…!! He let my hubby in on a dirty little secret…FIRST MIDWEST NOT ONLY DOES NOT HAVE THE NOTE…BUT SWAPPED BAD NOTES WITH BAYVIEW..!!! The bank has since switched receivers and told us because the reciever fell ill..we found that to also be a lie….they replaced him with a real estate agent!!!! WOW…The current renter of our property..told my hubby that…BAYVIEW CAME IN AND OFFERED HIM A DEAL….! Without even being granted the fraudclosure yet!!!! The arrogance of these crooks…smells really foul….like sulphyr..anyhoo..I am this weekend re writing and reentering my affirmative defenses…CIVIL RICO..ALL OF IT…The deadline is looming…I have been down to the recorders office and showed the clerk the fraud they recorded .THE FOUR ILLEGAL ASSIGNMENTS THE CROOKS FILED AFTER THE LIS PENDS…The clerk said..did the bank file Bk…? I said NOPE…He than mumbled…. they cant do that..I knew it but…that confirmed it…a fraudulent conveyance/loan flip…..is what they did to try and create a chain…more fraud..! I proceeded upstairs to the mortgage fraud Dept. Of the recorders office…filed a complaint…still haven’t heard back…Remember…the new fraudulently induced pretender lender still stands in the shoes of the Original Lender..its all a scam…they want see what they can get away with…I also found out that BAYVIEW is registered in my State as a debt collector ….not a bank…they cant own the loan… It all just proves that there is no legal fix for fraud…and that is the result of none of them ever lending any money of their own…Obama calls it reckless..I call it massively criminal…deceptive practices which lead to massive unsustainable mortgage debt fraud….Its all hidden in their shadow electronic casino….A FREAKING QUADRILLION DOLLARS IN MASSIVE…UNSUSTAINABLE DERIVATIVES DEBT FRAUD…ALL CREATED OF FRAUD..BY THE FED RESERVE/BANKS/WALL STREET DEBT CARTEL….AND CREATED, ALLOWED AND INSTITUTED BY THE TRAITORS IN CONGRESS AND THE SENATE….THE SAME ENTITY WHO CREATED THE FED RESERVE….THEY ALL NEEDED TO BE SUED INTO OBLIVION…AND THROWN INTO GITMO…! Best of Luck to you….the clerk at the deeds office told me..there is a lot of this same fraud going on lately…its the latest scam…I don’t know if you have an attorney…I do not… We all need to find a way to fix all of their criminal asses..and I believe that if all of us work together…YES WE CAN…bring our own HOPE and CHANGE….! Real honest change can happen but first, you have to know what the truth is and who caused this …….IT TRULY WAS AN INSIDE JOB!!! Achieved by the FOREIGN…MONEYED…ELITE!!!….DECEIVERS, LIARS….FRAUDSTERS AND THEIVES…! WE MUST ALERT THE PEOPLE!…TO SEARCH FOR THE TRUTH….WHILE WE STILL CAN!! INDIVISIBLE WE CAN DO THIS..ONE NATION UNDER GOD…INDIVISIBLE..WILL BRING LIBERTY AND JUSTICE FOR ALL!!! GOD BLESS AMERICA!!!! P.S…Here’s some more proof of the INSIDE JOB…the bank attorney used to be an assisstant to the State AG..LISA MADIGAN..! ITS THE CRAZY TRAIN FOR SURELY!!!
I believe that the banksters will be scouring to compete with each other to steal from each other properties that they probably already have on their books as assets…repeated info…meaning many banks claiming the same info…still selling so called notes and mortgages to Fannie Mae and Freddie Mac
( who now knows they are holding toxic loans and need to justify their actions to the American people by not rushing to correct them while doing investigations thought- they came to me for info,,,)
I say this because in the interview with the senior Freddie Mac fraud investigators regarding a property a family member bought that was financed via Wamu in Orlando….they wanted to know what sort of incentives were offered to the buyers…boy were they surprised when I showed the my docs regarding that group…no one else had this info they said to confirm their suspicions…anyway, there were totally unaware of another property in the same development that I bought and walked away from but the foreclosure sale was cancelled by Chase, not Wamu…requesting the clerk return original note and mortgage they never had….and they are not collecting any payments on the property from me but owned by Freddie Mac and unknown to Freddie Mac that it is in the situation it is now in….FM told me that they purchased all the WAMU loans within days of the approval…so they are left with a lot of mess as that condo developer/owner/maintenance owner et all sold a lot of condos and then bought them back after foreclosure…mmm too complicated to explain all at this time…I told the investigators I was planning a RICO suit on the owner/developer/seller et al …
One day I will find the time and put all this together soon to make sense from all my research…maybe will help some of you…
That is a great publication. First thing we always try to figure our in our foreclosure defense cases – “who the heck owns the loan versus who claims to own it.” Securitized loans is a mess. Steve Vondran, Eds.
Then Nationstar tried to assign the mortgage over to themselves as assistant secretary of MERS and at the same time being the Foreclosure manager for Nationstar Mtg. This person being Jayme Towner. But have not heard from the Foreclosure mill PHELAN HALLINAN & SCHEMIEG,LLP of PHILADELPHIA, PA. even reporting to all the credit agencies while ordering a Rescission, and the Qualified Written Request. The documents were forged and doctored and have less then beliveable when they are matched with my signature, which I am a lefthander, that they did not take into concideration when they forged the documents.
http://www.youtube.com/watch?v=tvdmBn3Kn2o
THE REAL ISSUE IS WHAT IS NOT IN THE PUBLIC RECORD! CONCEALED FROM THE PUBLIC RECORD! THE CONCEALED COUNTERFEIT LOANS NOT FILED WITH THE PUBLIC RECORD IS WHERE THE CRIME REALLY HIDES! THE PUBLIC RECORD IS A DISTRACTION! IT APPEARS THERE IS A RACKET TO CONCEAL WHO AND WHAT HAS BEEN DONE!
What good are ‘public records’, when it is the concealed virtual ‘digital record’, concealed from the
‘public record’ that contains the reality versus the illusion. WAKE UP! NO MORE DOUBLE SPEAK!
If your state requires public recordation, there is an equitable defense you can claim in court if it hasn’t been recorded over a period of years. This is called the doctrine of Laches, which creates an estoppel (meaning it bars a party from asserting a claim). This is when an entity with a legitimate interest fails to assert that claim over an extended period, at their own peril, when they had a duty to act to preserve that interest. The tricky part is the judge decides what an “extended period of time” is.
If your mortgage docs require the instruments to be recorded, you have the added benefit of an estoppel by deed, and “in pais”.
Maher Soliman is now publishing by email as livinglies has cut him off. This guy was talking about things two years ago the press is now learning. So why did you cut him off. Wow.
According to Soliman – This situation is not going to get anyone their home back. It’s not the storyline that is unfortunate but the cause of the problem. This is a subrogation claims event the FDIC has had thrown onto them. It’s the enforcement of depositor’s claims against a failed bank. The liquidation of assets held and transferred to the successor bank. Last time this happened was 1933 and it’s not something the FDIC is familiar with.
I believe the loans were given to the debt collectors and they were told to execute in accordance with state laws and to do what is necessary and get back these homes. Did the FDIC have any idea of what was in store with this ignorant and vile means and method of recovery? No, I don’t believe so. But now they are forced to live out the dilemma and the courts are not going to budge. Expert.witness@live.com
MAHER SOLIMAN IS A FRAUD. No wonder Living Lies CUT YOU OFF..!!! This is a post from Maher Soliman writing in 3rd person. I paid MAHER $5k to be my ‘expert witness’ in a foreclosure fraud case. He assured me I could get my house ‘free & clear’ after the court heard ‘bullet proof’ testimony. He gave me his resume of ‘qualifications’ and a list of cases in which he testified; which I filed with the court to use him as an expert witness. There was a deadline for him to provide a written narrative explaining ‘what’ he was going to testify to in my case.
He never provided it and the FEDERAL JUDGE DISQUALIFIED HIM as an expert witness as he had provided phony court case numbers (which I had filed with the court; putting me at risk of filing false information into a court case….!). He then changed his mode: saying the ‘judges don’t understand his argument’ , they’ve been briefed by the State Department to ‘beat the homeowners and ‘no-one wins’. He refused to refund my money, and is using ‘3’ different emails and just changed his cellphone number (again).
Is American brokers conduit is it still ligal entity?
No ABC is defunct
I AM HAVING TROUBLE FINDING A COLORADO ATTORNEY THAT IS WILLING TO TAKE ON THE CASE OF HELPING ME WITH THE UP COMING FORECLOSURE…………………SO I AM PROCEEDING PRO SE. BUT I FEEL
THAT THE BANK OF LAWYERS THE LENDERS WILL HAVE WILL EAT MY LUNCH.
I ALSO FEE THAT A CLASS ACTION LAWSUIT IS THE WAY TO GO…….SURE WE HAVE TO DO OUR INDIVIDUAL THING, BUT AS A GROUP, I FEEL TH;AT WE WILL HAVE MORE IMPACT.
I UNDERSTAND THE FEELING EXPRESS YOU LEGAL PROBLEMS, BUT WE ALL HAVE THE SAME THING, WHAT WE NEED IS DETAILS, DETAILS. CASE LAW, TRICKS, FILING PAPERS (COPIES) ESC. TO HELP EACH OF US DO THE FIGHT. SO WITH THAT THOUGHT IN MIND I HAVE ENCLOSE FOUR (4) COURT FORUMS THAT I AM PREPARING FOR THE DAY THAT MY FORECLOSURE STARTS; HOPE IT HELPS SOMEONE …………….I AL NEED SUGESTIONS JIM PATRICK 970-856-8868 jimpatrick@tds.net
here are the copies …give me your thoughts back via E-Mail and also add it to the blog for others.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
CORNERSTONE MORTGAGE COMPANY
THE BANK OF NEW YORK MELLON FKA, THE BANK OF NEW
YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWALT, INC
ALTERNATIVE LOAN TRUST W2005-36 MORTGAGE PASS THROUGH
CERTIFICATES SERIE3S 2005-36
ATTORNEYS FOR PLAINTIFF;
CASTLE MEINHOLD & STAWLARSKI, LLC
999 18TH Street, Suite 2201
Denver, CO 80202
303-865-1440
Re: My request for a copy of all;
ORIGINAL PROMISSORY NOTE SIGNED IN WET INK,
ORIGINAL MORTGAGE SIGNED IN WET INK.
Jimmie Harold Patrick
Barbara Louise Patrick
24964 Cedar Mesa Road Cedaredge, CO 81413
Loan #
Dear BANK OF NEW YORK MELLON FKA, THE BANK OF NEW YORK
I am the owner of certain real property located at 24964 Cedar Mesa Road, Cedaredge, CO
81413 which is security for a loan made by CORNERSTONE MORTGAGE COMPANY, 1177 West
Loop South #210, Houston, Texas 77027 to me on 28 March 2005. Please produce for my inspection
within ten (10) days the Original Promissory Note (signed in wet ink), Original Mortgage (signed in
wet), and Original Deed in trust (signed in wet ink) which I signed on 28 March 2005.
If you have any questions regarding my request, please call me at 970-856-8868
Sincerely,
Jimmie H. Patrick & Barbara L Patrick
(Page 1 of 2)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and forgoing has been furnished
by U. S. Mail to CORNERSTONE MORTGAGE COMPANY THE BANK OF NEW YORK
MELLON FKA, THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS
CWALT, INC ALTERNATIVE LOAN TRUST W2005-36 MORTGAGE PASS
THROUGH CERTIFICATES SERIE3S 2005-36 ATTORNEYS FOR PLAINTIFF; CASTLE
MEINHOLD & STAWLARSKI, LLC 999 18TH Street, Suite 2201Denver, CO 80202
this 27th day of December 2010.
Jimmie H. Patrick & Barbara L Patrick
Copies to:
Bank
Plaintiffs Attornies
Delta Clerk and Recorder
Delta Treasurer
Districk Court file copy
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
( Page 2 or 2 )
DISTRICT COURT FOR THE STATE OF COLORADO
COUNTY OF DELTA
509 Palmer Street, Delta, CO 814216
CORNERSTONE MORTGAGE COMPANY CASE NO:_____________________
THE BANK OF NEW YORK MELLON FKA Date 31 Decemer 2010?????
, THE BANK OF NEWYORK AS TRUSTEE
FOR THE CERTIFICATE HOLDERS CWALT, INC
ALTERNATIVE LOAN TRUST W2005-36
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2005-36
ATTORNEYS FOR PLAINTIFF;
CASTLE MEINHOLD & STAWLARSKI, LLC
999 18TH Street, Suite 2201
Denver, CO 80202
303-865-1440
Plaintiffs
V.S.
Jimmie Harold Patrick and Barbara Louse Patrick
24964 Cedar Mesa Road, Cedaredge, Colorado
Defendants
REQUEST FOR PRODUCTION OF DOCUMENTS
Defendants Jimmie Harold Patrick and Barbara Louise Patrick requests Plaintiff/s
CORNERSTONE MORTGAGE COMPANY THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEWYORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWALT, INC
ALTERNATIVE LOAN TRUST W2005-36 MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2005-36 produce, within thirty (30) days of the service hereof, at 24964 Cedar Mesa Road,
Cedaredge, Colorado 81413 the Original Promissory Note (signed in blue ink), Original Mortgage
(signed in wet ink), and Original Deed of Trust (signed in wet ink) signed by the Defendant/s on
( Page 1 or 2 )
25 May 2005. Exhibit A copy of letter sent to the Plaintiff’s and to their respective attornies on XXXXXX Date. Cop;ie of letter is attached.
Exhibit B U S. Postal Service Signed receicipt showing proof of service to the above
Plaintiffs on XXXXXXXX dates and time.
Jimmie Harold Patrick and Barbara Louise Patrick
24964 Cedar Mesa Road, Cedaredge, CO 81413
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been
furnished by U. S. Mail to CORNERSTONE MORTGAGE COMPANY THE BANK OF NEW
YORK MELLON FKA, THE BANK OF NEWYORK AS TRUSTEE FOR THE CERTIFICATE
HOLDERS CWALT, INC ALTERNATIVE LOAN TRUST W2005-36 MORTGAGE PASS-
THROUGH CERTIFICATES, SERIES 2005-36. ATTORNEYS FOR PLAINTIFF; CASTLE
MEINHOLD & STAWLARSKI, LLC 999 18TH Street, Suite 2201 Denver, CO 80202
this 25 day of December 2010. 303-865-1440
Jimmie Harold Patrick and Barbara Louis Patrick
( Page 2 of 2 )
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
DISTRICT COURT FOR THE STATE OF COLORADO
COUNTY OF DELTA
509 Palmer Street, Delta, CO 81216
CORNERSTONE MORTGAGE COMPANY CASES # !-XXXXXXX
THE BANK OF NEW YORK MELLON FKA, DATE 21 March 2010 ??
THE BANK OF NEW YORK AS TRUSTEE FOR
THE CERTIFICATE HOLDERS CWALT, INC
ALTERNATIVE LOAN TRUST W2005-36
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2005-36
ATTORNEYS FOR PLAINTIFF;
CASTLE MEINHOLD & STAWLARSKI, LLC
999 18TH Street, Suite 2201
Denver, CO 80202
303-865-1440
vs.
Jimmie Harold Patrick and Barbara Louise Patrick
24964 Cedar Mesa Road, Cedaredge, Colorado
Pro Se
Defendant
MOTION FOR INJUNCTION
Defendant/s Jimmie H. Patrick and Barbara L Patrick, hereafter refereed to Defendant. Prays to the court to issue an INJUNCTION against the Plaintiffs to stop the foreclosure on the Defendants property located at 24964 Cedar Mesa Road, Cedaredge, Colorado 81413.
The plaintiff’s have failed to produce the required ORIGINAL PROMISSORY NOTE (signed in wet ink) and THE ORIGINAL MORTGAGE (signed in wet ink), By not producing the ORIGINAL documents, the plaintiff’s have failed to show the court that they have LEGAL STANDING. Neither Bank of America or the Plaintiffs have complied with the law in producing evidence that they have Legal Standing to Foreclose on the Defendants property. We therefore ask the court to place an INJUNCTION to stop the foreclosure) against the plaintiffs.
The plaintiffs have failed to show that one or the other is the single and rightful, lawful holder of the Genuine Original Promissory Note (signed in wet ink). Defendants request that the Plaintiff Show with full and complete accounting and disclosure how you came to be my alleged mortgage servicer with any legal standing to foreclose on the defendants property. How did you become the rightful owner, We request that you show a full and complete accounting and disclosure how you came to be my alleged mortgage servicer and owner of the Original Promissory Note (sign in wet ink) with the lefal standing to foreclose.
The plaintiff further states that we, the defendants owe you a certain amount of monies, we therefore as the plaintiff to describe what monies were loaned, in what form, and have they received any monies in the form of TARP government funds or funds from either Freddie Mac or Fanny May in payment of this alleged mortgage.
“PROPIETARY INTEREST”
EXHIBIT A Copy of Bank of Americas bill for payment. The court can take notice that
Bank of America is sending monthly mortgage statements implying that they have the Promissory Note and legal standing, however they have failed to produce the Original Promissory Note (signed in wet ink).
EXHIBIT B Copy of the Plaintiff foreclosure filing. A copy of the foreclosure papers are
Included in Exhibit B, and the plaintiff clearly fails to show the court that they
have Legal Standing in this matter.
BLACKS LAW DICTIONARY: Standing, n. (1942) A party’s right to make a legal claim or seek judicial enforcement of a duty or right. . To have standing in federal court, a plaintiff must show (1) that the challenged conduct has caused he plaintiff actual injury, and (2) that the interest sought to be protected is within the zone of interests meant to be regulated by the statutory or constitutional guarantee in question. – Also termed standing to sue. Cf, justiciability. (Cases: Action 13; Federal Civil Procedure 103.1)
“Have the appellants alleged such a person stake in the outcome of the controversy as to
assure that concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination of difficult constitutional questions? This is the
Gist of the question of standing. “Baker v,. Carr, 369 U.S. 186, 204, 82 S. Ct. 691, 703
(1962) Brennan, J.).
‘The word standing is rather recent in the bzsic judicial vocabulary and does not appear to have been commonly used untul the middle of our own century. No authority that I have found introduces the term with proper explanations and apologies and announcements that henceforth standing should be used to describe who may be heard by a judge. Nor was there any sudden adoption by tacit consent. The word appears here and there, spreading very gradually with no discernible pattern. Judges and Lawyers found themselves using the term and did not ask why they did so or where it came from. “Joseph Vining, legal identity 55 (1978)
CASE LAW #1 XXXXXXXXX Legal standing
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CASE LAW #3
Deutsche Bank National Trust Company, Cleveland, Ohio, 31 October 2010
by Judge Christopher A Bouyko, Federal District Court ruled;
That the 14 foreclosures be stopped; stating; “The institutions seem to adopt the attitude that since they have been doing this for so long, unchallenged, this practice equates with legal compliance. Finally put to the test, their weak legal arguments compel the court to stop them at the gate.” “That the mortgage pools are
creating a problem and they cannot identify who holds the mortgage notes.”
“Reveals a condescending mind set and quasi-monopolistic system where financial institutions have traditionally controlled, and still control, the foreclosure process.”
LAWYER NOTES; O. Max Gardner III states…”A collateral question is, has the mortgage
note really been transferred and assigned to the securitization trust? If not, then they really don”t have standing, It’s Law school 101.
April Charny, a consumer lawyer at Jacksonville Area Legal Aid in Florida, who has been practicing foreclosure law since the late 1980s said she rarely sees proof of ownership in cases involving securitization trusts. Her group has 30 to 50 such cases and not one of the lenders’ representatives has produced proof of ownership predating the foreclosure action
The Defendants Additionally pray that the District Court place an indefinite stay on all future forecloses on the defendants property at 24964 Cedar Mesa Road, Cedaredge, Colorado 81413, until the Fifty (50) state attorney generals complete their investigations into the possibility of; Fraud, theft, RICO charges and Ponzzi Scheme’s by the banks, lending institutions, investment firms, transfer firms and any other agencies involved in the handing of mortgages or funds associated with the defendants mortgage. This stay shall include all transactions on the State of Colorado legal authority, by the Colorado Attorney General, Delta County Sheriff, or any other inity within the state of Colorado.
The Defendants additional pray that the District Court place an indefinite stay to the foreclosure of the Defendants property at 24964 Cedar Mesa Road, Cedaredge, CO 81413, while the Federal Bureau of Investigation, the U. S. Attorney Generals Bank Fraud Division completes their investigation of possible Fraud, theft, RICO charges and Ponzzi Scheme’s by the banks, lending institutions, investment firms, transfer firms and any other agencies involved in the handing of mortgages or funds associated with said Promissory Note or Mortgage transactions on the national / federal level in violation of the U. S. Federal legal system, U. S. Banking Regulation, and the United States Constitution.
Dependants further request theDistrict Court to order the Delta County Sheriff to Stop all future court house steps auction of future foreclosure sales in response to the investigations by the 50 state attorneys offices and the Federal Bureau of investigations and the U. S. Attorney Generals fraud investigation division into the possibility of Fraud, theft and RICO charges and Ponzzi Scheme’s by the banks, lending institutions, investment firms, transfer firms and any other agencies involved in the handing of mortgages or funds associated with said mortgage transactions on the national / federal level in violation of the U. S. Federal legal system.’Defendants further request the courts to extend this order to cover all 64 of Colorado Sheriff’s departments in the State of Colorado
CASE LAW #! XXXXXXXXXXXXXXX Court ordering stay on foreclosusre due to Inv.
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CASE LAW #2 XXXXXXXXXXXXXXX Court ordering stay on foreclosusre due to Inv XXXXXXXXXXXXXXX
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and forgoing has been
furnished by U. S. Mail to CORNERSTONE MORTGAGE COMPANY THE BANK OF NEW
YORK MELLON FKA, THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE
HOLDERS CWALT, INC ALTERNATIVE LOAN TRUST W2005-36 MORTGAGE PASS
THROUGH CERTIFICATES SERIE3S 2005-36 ATTORNEYS FOR PLAINTIFF; CASTLE
MEINHOLD & STAWLARSKI, LLC 999 18TH Street, Suite 2201Denver, CO 80202
this 27th day of December 2010.
Jimmie H. Patrick & Barbara L Patrick
24965 Cedar Mesa Road Cedaredge, C) 81413 970-856-8868
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A Separate myself with a …. capitis diminutio maxima name ????
EPOST FACTO LAW:
DISTRICT COURT FOR THE STATE OF COLORADO
COUNTY OF DELTA
509 Palmer Street, Delta, CO 814216
CORNERSTONE MORTGAGE COMPANY CASES # !-XXXXXXX
THE BANK OF NEW YORK MELLON FKA, DATE 21 March 2010 ?
THE BANK OF NEW YORK AS TRUSTEE FOR
THE CERTIFICATE HOLDERS CWALT, INC
ALTERNATIVE LOAN TRUST W2005-36
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2005-36
ATTORNEYS FOR PLAINTIFF;
CASTLE MEINHOLD & STAWLARSKI, LLC
999 18TH Street, Suite 2201
Denver, CO 80202
303-865-1440 Plaintiffs
vs.
Jimmie Harold Patrick and Barbara Louse Patrick
24964 Cedar Mesa Road, Cedaredge, Colorado
Pro Se
Defendant
________________________________________________________________________________
MOTION FOR DISCOVERY
________________________________________________________________________________
The Defendants further request the court to require the Plaintiff to produce through the DISCOVERY MOTION the follow items for the inspection of the Defendant/s. The defendants
mailed a certified letter to the plaintiff requesting the three (3) documents. See Exhibit C and a Delta District Court request for the three documents, see Exhibit D. The plaintiff’s have failed
to produce the requested documents. Their failure to produce the original promissory note, the
original mortgage, and the original deed of trust (signed in wet ink) puts the plaintiff’s in a
position of not having legal standing in this court or any other court.
DISCOVER MOTION: The Plaintiff has failed to show the proper linkage, so the Defendants are requesting all the documents, photo copies, tape records, e-mails, FAX’s and any other communications in regards to the transfer of the mortgage from one lending/investment organization to the next lending / investment organization, until its arrival in the Plaintiff’s custody with proper assignment and payments and fees to all the governmental agencies that such fees are due and payable upon such transfer.
This would therefor indic According to the Records in the Delta County Clerk & Recorders office and the Delta County Treasurers Office, it shows the following recordings of promissory notes, mortgages and deeds.
CORNERSTONE MORTGAGE ,GREEN POINT MORTGAGE FUNDING, WASHINGTON MUTUAL, COUNTRYWIDE MORTGAGE (went into bankruptcy) AND BANK OF AMERICA. There is a gap between Bank of America and THE BANK OF NEW YORK MELLON FKA, THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWALT, INC ALTERNATIVE LOAN TRUST W2005-36 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-36 that the plaintiff, and perhaps MERS, and other unknown parties have failed to do the legally required transfer linkage of documents to the various Delta County authorities. A motion for discovery is requested from the Delta District Court to the plaintiff/s requesting the following missing documents to show proper transfer linkage and the proper payment of all taxes, fees, and any other monies required by law to the Delta County and the State of Colorado authorities as required by law.
1. Proper assignment of transfer of all documents from one lending Institution to the other. See Exhibit #A evidence of missing linkage during the process.The Bank of America is the one demanding payment of the monthly mortgage however the plaintiff in this matter is the one demanding the Foreclosure.
EXHIBIT #C Personal certified letter to the plantiff’s requesting the original promissory note, and the original mortgage, and the original deed of trust. (Signed in wet ink)
EXHIBIT #D Delth District Court ordered from the plaintiff to produce the original promissory note, the original mortgage, and the original deed of trust, (signed in wet ink)
CASE LAW #2 XXXXXXXXXX Legal Standing
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CASE LAW #3 XXXXXXXXXXX Legal Standing
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Colorado state law requires that all lending institutions, mortgage companies and investment organizations must ……(STATE THE LAW HERE) ?????
It is obvious that there are missing documents and transfer of assignment documents missing from the Delta Court house records. The last recorded banking institution is Bank of America, however
it is the CORNERSTONE MORTGAGE COMPANY, THE BANK OF NEW YORK MELLON FKA, THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWALT, INC ALTERNATIVE LOAN TRUST W2005-36 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-36 filing the complaint and action for foreclosure. It is obvious that there are missing documents and files as evidenced by the missing files in the Delta Clerk & Recorders office and the Delta County Treasurers office.
MERS never held the promissory note, thus its assignment of the deed of trust to
nominee possesses few or no legally enforceable rights beyond those of a principal whom the nominee serves.
MERS is the likely company to have a hand in the missing transfer assignment to the Delta County Courthouse records system.
BLACKS LAW DICTIONARY: defines a nominee as (a) person designated to act in place of another, usu. In a very limited way” and as (a) party who holds bare legal title for the of others. “Black’s Law Dictionary 1076 (8th ed. 2004).
This definition suggests that a nominee possesses few or no legally enforceable rights beyond those of a principal whom the nominee serves. MERS never held the promissory note, thus it’s assignment of the deed of trust to ocwen separate from the note had no force
“284 S.W. 3d at 624; see also In Re Wilhelm, 407 B.R. 392 (bankr. D Idaho 2009) (standard
mortgage note language does not expressly or implicity authorize MERS to transfer the note.) In re Vargas, 396 B.R. 511, 517 (Bankr C.d. Cal 2008)
MERS IS WIDELY — USED BY THE INDUSTRY TO KEEP TRACK OF THE SERVICE RIGHTS ON HOME LOANS. There is approximately 10 million originators and servicers using the MERS system
and they have approximately 60 million homes under this mortgage electronic recording system nationwide. Due to a mixture of mortgages and securities are backed in one form or the other. MERS
is often listed as the “mortgagee of Record”. This was done to get around the slow and clumsy county recording system and possibly to avoid paying the necessary fees, taxes, and doing all of the record keeping process.
FANNY MAE – stated the mortgagee of record, the service must prepare a mortgage assignment transferring the position from MERS back to the service. And then giving The foreclosure in its own name.. Assignment from FANNY MAE back to the SERVICE Must be recorded before the foreclosure can proceed.. Since 2006 FANNY MAE has required servicers to file foreclosure actions in their own name in JUDICIAL STATES where [proceedings take place in the courtroom, ….. beginning May 1, 2010, FANNY MAE is adding that same stipulation to foreclosure petitions in non-judicial states, which allow lenders to foreclose without involving the courts. MERS has the authority to initiate foreclosures in certain jurisdictions. Check Registry.
REFERENCE TO EXHIBIT A AND B:
In a landmark national case; Bank Kesler, 2009 Kan. Lexis 834, the Kansas Supreme Court held the MERS has no right or standing to bring an action for foreclosure, stating that the role of MERS “is more akin to that of a straw man than a party possessing all the rights given a buyer” MERS does not have standing to pursue a foreclosure, and the parties who purchased the mortgage from the original lender do not have standing because they were not signatories to the original contract. MERS never held the promissory note, thus its assignment of the deed of trust to ocwen separate from the note had no force.
In addition the following case; “284 S.W. 3d at 624; see also In Re Wilhelm, 407 B.R. 392 (bankr. D Idaho 2009) (standard mortgage note language does not expressly or implicity authorize MERS to transfer the note.) In re Vargas, 396 B.R. 511, 517 (Bankr C.d. Cal 2008)
Blacks Law dictionary defines a nominee as (a) person designated to act in place of another, usu. In a very limited way” and as (a) party who holds bare legal title for theof others. “Black’s Law Dictionary 1076 (8th ed. 2004). This definition suggests that a nominee possesses few or no legally enforceable rights beyond those of a principal whom the nominee serves.
A detailed list of signatures working for the various lending institutions, as Mortgage companies, Mortgage Electronic Recording System, Inc.(Known as as MERS)., a list of entries and documentation at Freddy Mac and Fanny May in regards to the Dependants property. The individuals currentlly are referred as ROBO SIGNERS which have neither standing or working knowledge of the legality of what they are signing.
MOTION FOR DISCOVERY:
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Additionally place an indefinite stay on the stoppage of the foreclose on the defendants property at 24964 Cedar Mesa Road, Cedaredge, Colorado 81413, until the Fifty (50) state attorney generals complete their investigations into the possibility of; Fraud, theft and RICO charges and Ponzzi Scheme’s by the banks, lending institutions, investment firms, transfer firms and any other agencies involved in the handing of mortgages or funds associated with said mortgage transactions on the state/s level.
Place an indefinite stay to the stoppage of the foreclosure while the Federal Bureau of Investigation, the U. S. Attorney Generals Bank Fraud Division completes their investigation of posssible Fraud, theft and RICO charges and Ponzzi Scheme’s by the banks, lending institutions, investment firms, transfer firms and any other agencies involved in the handing of mortgages or funds associated with said mortgage transactions on the national / federal level in violation of the U. S. Federal legal system.
Dependants further request the court to order the Delta County Sheriff to Stop all future court house steps auction of future foreclosure sales in response to the investigations by the 50 state attorneys offices and the Federal Bureau of investigations and the U. S. Attorney Generals fraud investigation division into the possibility of Fraud, theft and RICO charges and Ponzzi Scheme’s by the banks, lending institutions, investment firms, transfer firms and any other agencies involved in the handing of mortgages or funds associated with said mortgage transactions on the national / federal level in violation of the U. S. Federal legal system.’Defendants further request the courts to extend this order to cover all 64 of Colorado Sheriff’s departments in the State of Colorado
CASE LAW #! XXXXXXXXXXXXXXX Court ordering stay on foreclosusre due to Inv.
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CASE LAW #2 XXXXXXXXXXXXXXX Court ordering stay on foreclosusre due to Inv XXXXXXXXXXXXXXX
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EPOST FACTO LAW:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and forgoing has been
furnished by U. S. Mail to CORNERSTONE MORTGAGE COMPANY THE BANK OF NEW
YORK MELLON FKA, THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE
HOLDERS CWALT, INC ALTERNATIVE LOAN TRUST W2005-36 MORTGAGE PASS
THROUGH CERTIFICATES SERIE3S 2005-36 ATTORNEYS FOR PLAINTIFF; CASTLE
MEINHOLD & STAWLARSKI, LLC 999 18TH Street, Suite 2201Denver, CO 80202
this 27th day of December 2010.
Jimmie H. Patrick & Barbara L Patrick
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
MERS at times does not use a seal and just states – NO SEAL
MERS has no Proprietary interest in the Property.
MERS can’t show a clear title to the property.
A PARTY MUST HAVE A STANDING “PROPIETARY INTEREST” …MERS is not the lender.
IF THE BANK WON’T GIVE YOU DISCOVERY, LEARN ABOUT “Subpeona Duces Tecum”
and how to properly execute the document and subpoena;
sf42 …………. ?
s-1 ………?
s-3 ……………?
424-b5 prospectus. …..?
This will be a lot of reading, but in these documents it should show that the one bringing the action have no standing, not the holder of the note.
IF YOU CAN HELP PLEASE DO SO…….. GOD BLESS, AND THANK YOU FROM THE BOTTOM OF MY HEART
Jim Patrick
Visit this site to read more about legal standing, case law, wins and your rights to due process. Blog and reply.
Enjoy the fight. bring your Brass Knuckles!
Thanks for the contact. Ron Moss
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I am a 100% Service Connected – Totally & Permanently Disabled Veteran. In March of 2006 my wife (not a Veteran, but disabled also) applied for our first home loan via the V.A. Home Loan program. We approached our bank; Bank of America, they informed us that they were indeed able to handle V.A. Home Loans and further, they said BOA was on some list of preapproved lenders that the DVA maintains. We were assigned a V.A. Home Loan Specilist by the name of Jack Felts.
Many things transpired in the course of getting the loan and many DID NOT.
1. We have recently discovered that the home we purchased, NEVER QUALIFIED for the V.A. Home Loan program.
2. Falsified documents were created and submitted by Jack Felts and the persons he hired to perform certain tasks. Falsified appraisals, inspections, flood zone maps, my and my wifes credit reports/history and a completey fabricated Manufactured Home – Foundation Inspection. Also; Jack Felts noted on the volumes of paperwork that my wife was/is a Military Veteran/Active Duty Member of the United States Armed Forces.
3. When I asked Jack Felts if I needed to hire an attorney at any stage in this process, his reply was; “I am your loan specialist and will be acting as your representative. I will make sure that everything is correct and that you understand all that transpires. It really would be a waste of your money to pay an attorney to do what I do for free.”
4. We sold a BRAND NEW, PAID IN FULL Clayton Manufactured Home upon the word of Jack Felts calling us to say; “You’ve been approved, the closing date is set, get ready to move.” When that closing date never materialized, we were left to live in the street. I know Felts did not force us to sell our paid in full home, but he sure emphisized time and time again that; “The money you make from the sale of your current home, sure would make this transaction go more smoothly – were it to be deposited in an account with BOA.” THAT is EXACTLY what we did.
5. Jack Felts never showed at closing when it did finally begin. We were told by a Ms. Henson at Metro Abstract (a place we had never heard of nor had been to) that we needed to be at her office for closing and that Jack Felts would meet us there. He never showed.
6. The seller used a name that is NOT one that is listed in a group of names identified as; “The ONLY parties having legal right to sell, transfer or convey this property to another.”
7. The contract for sale that we signed with ERA Realty, does not, in any description or fashion whatsoever; describe, allude, mention, state – either cleary or in fine print, that the sale was for SURFACE ESTATE ONLY. Jack Felts certainly did not tell us that, nor did anyone else at anytime. This was discovered some three years later when we receieved partial paperwork from Metro Abstarct and BOA.
8. No one at any stage of obtaining mortgage, explained that even if we lived long enough to pay this note off; we would still NOT OWN THE LAND – SURFACE OR MINERAL. That we were entering a Co-Op and would have to pay ‘ground rents’ forever. That the water company in reality owns the land and has a vested interest in establishing a “SOLID WASTE TREATMENT FACILITY on site.
9. Our Insurance Agent that had provided coverage on the manufactured home we purchased in Muskogee – Hilda Ritchie, showed at closing. She had already in her possesion the balance of a paid in full; one year homeowner’s policy that she was to apply to the coverage price of the new purchase. She had been informed of the sale of the NEW manufactured home and was directed to cease coverage and hold the premium balance until such time we contacted her for new policy coverage on this home. How she even knew of the closing is a mystery. Why she showed and was written a check is an even bigger mystery. She also received, accepted and deposited TWO more full year premiums (totalling three full years and one half year) – one sent to her by Bank of America, the other by my wife. When I noticed these gross over-payments, I called Hilda Ritchie and demanded she refund the payments save one. She offered the lowest amount of the payments in her possesion, that being the balance from the coverage we purchased on our home in Muskogee. This was given to us via a check from her personal account, not an agency check.
10. Jack Felts, OUR ONLY source of guidance and protection; avoided us at all costs. He left all of our FINANCIAL records from BOA – with seller’s realtor/realty company. All of my personal banking information including personal checking and savings, was given over to the SELLER’S REALTOR! Why? He even phoned us and told me to drive from Muskogee to Wagoner to get the records. He stated that he had a prior comittment and could not drive the extra 15 miles to our home. He also insisted that I ALONE meet with the foundation inspector at the prospective home. This would be a near 95 mile drive, round trip for me. When I went to the seller’s realtor to retrieve my documents, Pat Wurton handed me a couple of forms. She asked that I sign my and my wife’s name to the document. It was a form letter explaining that her fiduciary responsibility was with seller and that ERA Realty owed myself and wife NO ETHICAL RESPONSIBILITY AT ALL. Ironic.
11. I was not then nor am I now eligible for a Veterans Home Loan. I have defaulted Government backed Student Loans; Department of Education. I was not aware that this precluded me from qualifying for a VA Loan at the time. When we met with Jack Felts and he had me sign a few documents to apply for the loan, there was a space in which inquiry is made regarding any government backed loans that the applicant has defaulted on that are currently in collections. I had with me letters from the Honorable Thomas Coburn -Senator Coburn was assisting me with getting the loans dismissed since collections had begun and my Social Security disability payment was in jeapordy of being taken. I had a letter from the Department of Eductation to Senator Coburn and cc’d to me; stating that my case met the criteria required by law and the loans were being “CONSIDERED” for dismissal. I have been attempting to get these excused according to law that allows for release of obligation to Veterans rated 100% Service Connected – Totally & Permanently Disabled wherein the Veteran’s disability is considered to cause a condition of unemployability. I had with me a letter from my VA doctor stating that; “Veteran is not now employable, nor is he likely to be in the foreseeable future.”
The above and foregoing is a very small list of discrepencies and wrong doing that were put into motion either directly instigated by Jack Felts or indirectly as a result of his failure to uphold and carry out his obligations as our fiduciary. But for his actions and negligence; I would have never agreed to any of the conditions of this sale. He stated to us that he “had done over 50 VA Home Loan deals” and this was no different than any of the others. He assured us that his duty to protect our financial well being was a primary concern of his and Bank of America.
Pror to closing, we received a phone call from Felts in which he requested that I meet a foundation inspector as this was a Manufactured Home Loan, additional requirements must be meet in this area. The man I met up with, upon seeing the foundation, uttered aloud but to himself; “This will never pass for a V.A. Loan.” When I questioned him, he explained that it was okay because Jack Felts would bring the piers, tie downs pads etc.. into compliance. Never happened.
There are numerous other items; RESPA violations, TILA violations. The fact that the seller’s appraisal was inflated and false. Much more. We knew of none of the above mentioned items until last year when we finally, after numerous phone calls; RECEIVED SOME OF THE PAPERWORK FROM CLOSING! We had only seen our appointed V.A. Home Loan representative, Jack Felts – ONCE. That was the day we applied at the Muskogee branch of BOA. We to this day, have never seen him in person and if called; he hangs up as soon as he knows it is us. He refused to send ANY paperwork from closing so we had to go around him and speak directly to the Mortgage Department. We were eventually cut off from communicating with these folks but not until we reached a concerned and undersatnding gentlewoman. She mailed us as much as she could find. Our recent attempts at contacting her are met with statements such as; ” SHE IS NOT YOUR LOAN REP! You may speak with Jack Felts ONLY! If you need general information, we can provide that, we will not and can not send any more paperwork regarding your loan.”
My wife took it upon herself to begin researching this entire matter when certain conditions came to light. She has had to struggle with her afflictions, my disabilities and try and become a ‘home schooled’ paralegal – all at the same time. The emotional stress, physical pain, marital stress we both continue to suffer and deal with as a result; is fast becoming something so overwhelming, I am seriously in fear for our lives.
Our 1996 trailer home is full of mold, so much so that the walls have buckled in two rooms. One of the exterior wall panels is nearing complete failure. It is buckled so much so that you can see light shine out from inside. (Appraisal of FORTY YEAR REASONABLE EXPECTED HABITABLE LIFE SPAN!) The tie downs on the mobile home have NEVER been properly affixed. The north end of the trailer is setting approxiamtely 4 to 5 feet in the air, upon uneven and haphazardly stack concrete blocks. (The measurement of 4 to 5 feet is from the underside of the trailer to ground. The roof on that end is probably 20 feet in the air!)
We have been burglerized so often that we must use a kick-bar on the front door, exit through the rear. I have installed a flat span of iron strapping in which I managed to cut/drill a slot at each end. This allows me to padlock it across the rear entry/exit when/if we leave home together. We were not informed that meth labs exist in the nieghborhood until we moved in, and then only by our nieghbors. One of these labs was at the end of our street. IT BLEW UP! The seller’s realter did tell us to; “Never go there (the then prospective home) by yourself, the nieghbors would probably shoot you.” She said this in reply to my wife expressing her desire to go look at the home by ourselves. I now think that her statement was partly true but meant mostly to keep us away while the details of the sale were made, including the taking of our earnest money and Jack Felts taking 400.00 outside of closing (RESPA violation) for an appraisal that was NEVER done.
There is so much wrong here, all parties, excluding myself and my wife; had knowledge of all the problamatic areas that existed (and still do, most have worsened now) up to and after closing.
We were at the mercy of BOA and Jack Felts who told us; “I WILL BE ACTING AS YOUR LEGAL REPRESENTATIVE FOR THIS REAL ESTATE SALE…” and that we would have no need of hiring an attorney. He went further to “comfort” us by stating; “..I will deal with the real estate people, if ANY of them attempt to arrange a meeting without me being present; declne and inform me as soon as possible.” He took from us the amount of 340.00 on this first and what turned out to be, only face to face meeting we would ever have with him. The money was for an appraisal in order “.. to verify what the seller’s appraiser reported.” We have yet to see Mr. Felts’ appraisal nor have we received this out of closing (RESPA Violation?) money returned to us.
The seller’s appraiser states in the official appraisal he provided, many many discrepiencies. He provides comparables that DO NOT EXIST, save one. The only noted existing comparable used, is reported as being not even one mile in distance from our home; in reality it is over 15 miles from our decayng, used and hazardous trailer. Also, discrepencies in the title examination made by appraiser are evident. Well, out and out FALSE AND DECEIVING information is given by seller’s appraiser. One of which is the title history. My wife researched the title and found that right up to and until the very same month we closed, there were SEVERAL dubious and seemingly nafarious actions going on behind the scene that we were not made aware of; sales, pawns, loans, liens, title transfers, quick claims, quite titles etc..
The appraiser states, “No changes in title or deed were found in a THREE YEAR PERIOD PRIOR to the date of appraisal..” My wife found over 10 in the past year alone! We even tried to refinance to get away from Bank of America and we spent 200.00 to have another lender run an application. It was declined, NOT DUE TO OUR EXISTING LOW CREDIT RATING (which was WORSE when we got the BOA – VA Home Loan in 2006), but rather; we were turned down due to “LACK OF COLATERAL” Home and property according to their appraiser was 55,000.00 less than the 60,000.00 selling/purchase we “negoiated” but at closing, mysteriously was increased by nearly 2000.00.
The paperwork at closing was for the most part, left blank. My wife was not allowed to be seated with me, giving us BOTH an opportunity to look at the paperwork. She was told by Crystal Henson; “Oh no! You can not set there. YOU are NOT a veteran, this does NOT concern you. You are not a party to the loan.” At first I thought they had made her leave the room entirely, I could not even see her. After a flurry of documents were placed before me, in which I was directed to sign and or initial, I did catch a quick glimpse of my wife. She was seated at the furthest point away from me as we set at a long conference table. The seller’s realtor was leaning over and blocking her from my view.
There came a time when I noticed that many of the documents being quickly placed in front of me (Henson never at any time completely let go of any page) and then removed as soon as my pen left paper – were BLANK! When I questioned this, I was told by Cyrstal Henson (Metro Abstract Company) that; “Jack Felts will have ALL the completed documents, no blanks. He will go over those with you and if they are incorrect you will be able to recind your offer and get your money back. Or you could just not sign, we will keep your earnest money and you can go back to living in the fucking streets!” The time it took to sign the paperwork was approximatley; ten minutes – not more than fifteen at the very most. I was completely exhausted both physically and mentally. I felt I had just left an interrogation, my only comfort was that we were going to be able to go over all of this with Jack Felts. I was sure that he would find any errors or omissions amd would protect our financial interests. We, to this day, have never seen him again.
All persons at closing, including seller, were previously made aware of our current living conditions (or lack thereof) our health conditions and particularly; why I was 100% Service Connected – Totally Disabled. They used all of this to their advantage. We were never offered preclosing counciling that we have discovered is available. WE WERE NOT EVEN MADE AWARE THAT SUCH A THING EXISTED! I was under so much pressure, was made to feel as if I personally was at fault for the delays and was even threatened by on of the seller’s sons; I probably would have signed anything just to get myself and my wife out of that room.
We had been at the abstract offices from 0900 to 1630 hrs, waiting for Felts. Sudenly Henson announced to all; “We are going to do this and get this seller his money so he can get on the road, he has to drive to California. We can’t make them wait any longer.” My wfe and myself were just in a state of shock really at all what was going on. We had not a clue what to do, there was no one there to keep our best interests intact and we were made to feel as if this was all our fault. When we received what we thought were the complete records of the closing transaction, it was 3 years after the two year statute of limitations had run, we did’nt even know of a statute of limitations until we received the paperwork!
We are now BOTH so weak from EXTREME AND RAPID WEIGHT LOSS, sudden onset of inflamed eye conditions, breathing problems and just generally sick and miserable from the mold. The anxiety (I suffer P.T.S.D., depression, anxiety disorder amongst others – my wife has severe chronic migraines and severe chronic fibromyalgia with P.T.S.D.) is ever increasing with each; “Well NOTHING YOU CAN DO”, reply to our inquiries, I fear we will not live more 1 to 2 years at this rate. My weight dropped close to 140 lbs in a 3 month period, my wife lost 110 in the same time. Our teeth are falling out (mine more than her’s – I am 10 years her senior) Her fibromyalgia has increased to levels of pain so dramatic, that at times she can’t even stand clothing or her own hair touching her body. Her migraines have increased so much that she is consuming a dangerous amount of the new migraine medications, I fear her heart will give out. (A listed side effect – one that killed a friend of ours at age 26) These things and much more can be varified by contacting Dr. Bradshaw at the Topeka, KS Comery/O’neil Veterans Hospital.
I tried calling V.A. Home Loan, OIG and others, I was told by the V.A. that “..we do not enforce lenders to maintain status in-keeping with V.A. Home Loan policies, get an attorney.” WHAT!! I called because in this instance, I was not the only victim as I see it. The V.A. was, as well as the American taxpayer. But NOBODY cares and we continue to die in our home full of mold. We have had numerous insurance claims and repairs, they will NOT address the mold issues. I was told by a lady at HUD that when she traced the numbers on this trailer house, she found it to be a Katrina damaged and salvaged unit. She has since “taken early retirement” or so we are continously told.
The Wagoner County Court Clerk’s Office shows that the seller, uses a vast number of names – all similar but with subtle differences; paid $1800.00 for the trailer and $3000.00 for the land. He was here for 5 or 6 months (we paid ALL his past due and owed taxes at closing-among MANY other unagreed upon costs, fees, and very strange charges), claimed homestead and then placed it on the market.
How could it have gone from a value (recorded at Wagoner County) of $5300.00 to the listed asking price of $65,000.00 in six months? Of course had Jack Felts upheld his fiduciary responsibility and showed up at closing or met with us after, he would have or should have had MANY MANY concerns that needed addressing. I can tell you this, had ANYONE told me that I was buying a trailer that was through Katrina, purchased for 1800.00, placed on land costing 3000.00, that said purchase was surface only, may or may not contain the ADVERTISED adjoining lot – I WOULD HAVE WALKED AWAY AND NEVER LOOKED BACK. I would have GLADLY let them keep the 500.00 earnest money. However; no one bothered to explain, even when asked. In fact the majority of this was withheld from us and not discovered by us until WE became ill from the mold and started to question the sale since the paperwork had never been given to us – until THREE YEARS AFTER CLOSING.
We have been laughed at, had phones slammed in our ears, been told that there is NO ONE THAT CAN HELP YOU EVEN IF THEY WANTED TO- NO ONE! I just find that statement amazing in itself! Everyone that has listened to any of our story has responded with similar remarks; “Sounds like a great civil lawsuit, you need an attorney” Even the VA said this to us after my wife carefully boxed her research and mailed it FEDEX overnight. We watched the tracking, the VA person that was to examine her documents, didn’t have the vast amount of paperwork for an entire day! It was returned with a not stating that “..it appears as if there is fraud with your mortgage lender frasud/mortgage fraud/title fraud etc.., However, the VA can not handle a civil lawsuit for you, get an attorney.” WHAT?!
If they agreed that a fraudulent VA Home Loan transpired, the VA is NOT interested in persuing the criminals? I will explain like I did to the VA office, we are trying to report a crime. If I was defrauded in a VA backed loan, then surely the Department of Veterans Affairs was defrauded in the backing of said fradulent loan.
I am no legalman or lawyer, but it only seems reasonable to me that since we did not receive the paperwork from closing until three years past; our statute of limitations regarding court petition to be made whole and released from a fraudulent real estate transaction – would not begin until such a time that we had had the documents in our possession in order to examine them. A Muskogee attorney, a Tulsa attorney and a Claremore attorney have all agreed with me on that issue.
But since “..there is no money for an attorney in this type of lawsuit (60,000.00), none will accept it..” I am astonished at that. I worked for a period of time in the Navy at the Naval Legal Service Office – Pearl Harbor. The Officers/Lawyers there seemed to display the apitomy of ethics, concern and professional conduct, maybe that type of lawyer is long gone. If so, we the people will NEVER be able to afford or retain proper competent legal representation ever again in this country.
We have since found a list of people, that seem to have ownership to both acres. One of these is our Rural Water District! WE NEED HELP! I do not want to die here, nor pay for someone else’s property or let the V.A. be held responsible if we default. THE V.A. is as much a victim as we are! PLEASE I BEG YOU; SOMEONE JUST LOOK AT OUR PAPERWORK AND MY WIFE’S 9 MONTHS OF INVESTIGATION AND HER PAPERWORK! PLEASE!
Attorneys are required to provide ‘pro bono’ work as part of ethics and oath of office.
Can you get the VFW to help get you connected with the MEDIA and bring attention to your plight! and this man and Metro TItle. These agencies are use to people throwing up their hands and giving up unable to find help to take them to court.
Sadly when we are harmed by unlawful business acts involving – banking – commerce the Jurisdiction belongs to the Attorney Generals. Regular
Unethical attorney’s take cases that involve such matters into civil court. Sadly consumers lose the majority of cases for the Court may not have have Jurisdication over the subject matter.
Thank you for serving. Please type a letter and bring to your Congressman at his local office where his Constitutient Manager can process a request from you making Congressional Inquiries on your behalf:
Walk in with a letter
We Petition Redress of Grievances having suffered substantive harm from unlawful acts involving commerce and banking False Claims, Misrepresentation, False Statements, intent to take our property by deception, Bank of A merica by OMISSIONS of material facts collaborating allowing secret loan originations transactions to be processed resulted in harm and your are prayerfully seeking Injunctive and remedy both tort and punitive as allowed by law humbly requesting the federal administrative agencies responsibel for supervisory powers to process the inquiries and your Congressman to place the facts of harm and injury with the Justice Department ….
862-881-2482 From Mary Cochrane – Save America One Mortgage At A Time
Master Chief! – Indeed there is someone who can help.
Know that loan originations are done in secret and OMISSIONS of material facts as ‘alleged’ are criminal acts and the Attorney General of your state and the US Attorney General of your state will be interested in the Complaint.
However, all citizens must submit any ‘complaints’ first or simultaneously by filing your consumer complaint on-line. Bank of America will be the Servicer another deceptive act. Metro Title will be involved most likely as Settlement Agent. How the ‘Insurance’ Agent knew is thru the brokers/dealers/agents who do the loan originations in secret as ordered by the ‘Servicers’ and when the loan origination documents and mortgage on the RV were presented it would be from the SERVICER another OMISSIONS of material facts with intent to prevent you from seeking relief from acts of harm.
The Attorney General given Jurisdication by the Legislature can investigate complaints for unlawful business acts in your state and there are agents who will do intake in person without an appointment. You need to bring full documentation and facts including names and addresses and more.
A letter to your Congressman of your Congressional District and two Senators must include your
Petition to Redress Greivances Seeking Prayerful Injunctive Relief.
List your Complaint
List Remedy your seeking. For example You’d like to be listed as John Doe 1 of 9,999,999 and your complaint and remedy for wrongs to include both tort and punitive as allowed by law.
You need an Attorney regarding any rights you have in Civil Court against Metro Title.
And the creep. Jack Felts.
Hi…So…Sorry…. my dad and I are “family”we’re in the “trench” down the road from you guys.Dads 100% Korea …Can’t stop to exchange the multiple horrors with you today ,another day .I’ve gone broke from attorneys and I’m having to rep my self now…!!!! Friday to be exact…I can’t / haven’t even stopped to eat for weeks..I’ve been trying to cram a years of law down my throat,for the past year.Desperate on Monday I bought this program…Ya…I took another blind shot. It’s GRACE from above I’m not going to be able to get through it all now …to pressed for time.I ran into your PAIN , had to stop and share.I so…Wish I had found this sooner ! ! First time in years… I felt like someone really CARES about helping !! Please get back to me with your feed back. Don’t even hesitate a moment It will change your life and all you share it with. God Speed ,Stay Strong , Keep with Faith …this fights’ for you!! Oh…please… pray for the LIBERTY so many have died for …we’re loosing more and more every day!! http://www.jurisdictionary.com?refercode=MJ0029
The banks, the judges, the house and senate, and all of the rest of the crooks are come at us again as soon as
they get through with their so call recess for foreclosures I suggest that you read and study ……………………….
EX POST FACTO LAW. it is a constitutional law, …clause 3 Article I, section 9 they can not pass a law retroactive back to the time and dates they were committing a crime. The can only pass a new law from theis date forward. HOWEVER, THEY WILL TRY.
DO YOUR RESEARCH
EVERY THINK OF A NATIONAL CLASS ACTION LAW SUIT ON BEHALF OF ALL PEOPLE THAT HAVE A MORTGAGE ??????
Count us in …we presently are denied loan modification because (there is always a reason that the proper documents were not in the sacred place they were designated) thus, shuffled through the chaos with nothing but a letter announcing that my home and its contents are to be sold at public auction next Tuesday, November 2, 2010 on the courthouse steps. After 5 packages offering every detail demanded , exactly no one seems to be able to help…except bankruptcy attorneys(so they claim)or expensive credit counseling firms. Please advise what relief is available in Texas. We are going on sale Nov. 2 , Tarrant County, Burleson,Texas thanks to National City/PNC/Accutane/Wells Loan #0001606584Fargo Please call me anytime Thanks Bill Brewer 817 504 9995
Everybody — the modification program is rigged. It’s designed to do nothing but get you to sit by complacently while banks drain what’s left of your bank account, figure out how much is left to drain, then steal your house.
All non-attorney modification/counseling/reviewing/witch-craft services are also scams. If they don’t have a license to practice law you’re better off on your own. [Head over to Lisa’s foreclsourehamlet.org for lots of self-help materials and support.]
Bankruptcy is closer but many bankruptcy lawyers use bankruptcy as a first resort when it should (usually) be a last resort. If you’re in a remote region that does not have foreclosure defense lawyers then bankruptcy lawyers are probably the closest, but you should try to first find a lawyer that only focuses solely on foreclosure defense. That’s always been true but is especially true now: hire a good foreclosure defense lawyer. How do you know if they’re good? Ask them when they’ll be in court next and go watch; if they won’t answer, or you show up and they look clueless, they’re not.
Alternatively, go to foreclosure court and watch for awhile. When you see a lawyer that you like get their card and hire them.
try mortgagecrime.com they are in texas
Try filing a lis pends which I have been given to understand clouds title on house so title ins, can not be gotten for new home owners,No title ins. no funding for house.This might buy you a little time until you can make contact with somebody inyour state that can help you.Go to your states Att. Generals office and file a complaint.Don’t know if this will work in your state or not but you can try.Here in WA.state cost to file lis pends is 60.00.Hope this helps. Pam
I just read your note – please contact me at my email with your phone number and I can talk to you about the situation. There is no charge for the service that we render and have we have retired twice, but people keep calling. I may be able to offer assistance. I do hope it is not too late. But please write to me.
contact james mcquire on the foreclosure hamlet, he is in texas and has a wealth of knowlede
I HI….JIM I’M IN …..WHAT WE NEED IS a qualified ” LEADER ” , ” COMMANDER ” and ” COORDINATOR ” we’re too fragmented – DIVIDED WE FALL …..ALL the “pawns” are ” SCATTERED ” on the preverbal board, they need to be gathered up….we NEED a PLAN of ACTION, WE need someone with the TIME to do it !!THE WINDOWS of OPPORTUNITY are CLOSING as we speak ! ! The” troops” can’t stop in the midst of battle and strategize….That’s why there’s officers….I’ve stopped fighting now to write this …BUT the enemy is gaining ground as I type !!! I’ve run into so many vital things that need to get out there. I’m just not computer literate enough to manage it…I can’t seem to learn fast enough!!! It’s so FRUSTRATING !!! Here’s but a few- Oboma has apparently – PARDONED the Notary Republic -They apparently ran into a SNAG upon the CLOSING of their previous residents. THE N.J.BAR has NOTICED bar members – to no longer sign affidavits themselves in respect to the accuracy of DOCUMENTS. [ “The Dec 20,2010 amendments to Rule 1:5-6(c)(1)(E) and Rule4:64-1(a)(2)and(3) require that plaintiffs’ attorneys affix to foreclosure complaints a certification diligent inquiry as to the accuracy of foreclosure documents, and factual assertions,specifically ,(1) that plaintiffs’ attorneys has communicated with employee(s)of the plaintiff who(a)personally reviewed the documents being submitted, and(b)confirmed .their accuracy (2) the name(s), title(s) and responsibilities in those titles of the plaintiff’s employee(s) with whom the attorney communicated,and (3) that the complaint and all annexed documents comport with the provisions of Rule 1:4-6(a)..Please note that the court was specific in requiring the communication to be with “employee(s)” of plaintiff rather than”representative”of plaintiff. This certification is required on any further on any new residential foreclosure.” ]
Please include me in any class action suit! I am a single mother, having a high school education, working hard, having to pay rent @ 16 yrs. old, starting work @ 14. I had, until Nov. 2005, my own commercial floor contracting corp. (starting in “1986” as a self-employed flooring & wallpaper installer) in Virginia, a non-judicial state.
I HAD over 2.3 million dollars in assets, a 9-unit apartment building, duplex I bought for my high school best friend, a quadrapalegic, which was a block from Chesapeake Bay beach, a single family rental, (the house I worked out of for over 10 years) and my retirement home, the home which is now upside down over $400,000.00, buying 3.9 acres w/ an old farmhouse built in “1890”, approx. 1,400 sq. ft., building and financing the building of our 4,000 sq. ft. 2-story custom home.
The 1st. fraudulent closing, Oct. 24, 2005, World Savings Bank in Texas/ Wachovia, 2nd closing, Nov. 21, 2006, Peoples Choice Home Loans in California, Specialized Loan Servicing L.L.C. / Wachovia / Wells Fargo, MERS. I have just about every possible injustice that you can possibly imagine! The first fraud loan includes the broker, Robert Bristol of Challenge Mortgage, Denise Stacey of Shaffer Title & Escrow, Inc., Countrywide Home Loans, Citizens Auto Loan, all 3 Credit Bureaus. I was also ripped off thousands by the businesses that are suppose to help with the fraud: 2 credit clean-up businesses, $5,000.00 to “SAVE MY HOME USA” to SAVE MY HOME! GIVING ME MY Loan Document Audit, etc. they never even made the first call to my lender! Tax Care Professionals, over $7,000.00 to clear-up the false income report by the buyer of my apartment building, they have done Nothing too!
The Vice President of Wachovia, Judy Wills, answering my complaint on MARCH 28, 2008 to The Office of The Thrift Supervision, FORGED a document in her fraudulent closing package, signing my Name improperly, & DATING THE DOCUMENT SEPTEMBER 23, 2008, approx. THREE YEARS LATER!!! (over 5 months BEFORE the date she sent The Office of The Thrift Supervision the fraudulent closing package. I did not know anything about Statutes of Limitations, but the fact that the Vice Pres. dated closing document September 23, 2008, this is the “Legal” CLOSING DATE). The Office of The Thrift Supervision DID NOTHING, mailing the sealed (unopened) package, inserted Wachovia package into their envelop. I have contacted hundreds, probably thousands of people looking for help, over 15 agencies (have all originals, and documented correspondences) I even contacted the Secret Service and the F.B.I., with no help what-so-ever.
I currently have a one on one lawsuit against Wachovia/Wells Fargo (Rita Cheche v. Wachovia) for violation of a T.I.L.A. violation, I rescinded the loan, not signing complete package, taking all originals that I signed, which did not have two copies of the 3-day cancellation, drawing up my own 3-day cancellation, faxing, mailing and confirming receipt of the notice before the 3-days expired. I had just made my first payment October 2006, for my new mortgage with Mortgage Lenders USA.
I paid the only lawyer that would represent a homeowner days before the 3 year statute of limitations ran out. Unfortunitely I feel the lawyer is working for Wachovia not me!!! (already meeting and corresponding, over a hundred attorneys, not only in Virginia, all over the U.S.)
I was forced to pay thousands upfront, being the total amount I would have to pay, charging any additional fees to the lawsuit, for addition motions, actions etc. It was everything that I had left, losing all real estate, liquidating everything else to cover ALL personal and business financial obligations.
The lawyer said I would get the amount of money I paid upfront when we WON OUR CASE, ALONG WITH GETTING OUR LIVES BACK, along with several million dollars. they have stolen. SHE SAID WACHOVIA will have to “Make me WHOLE, repairing my credit, and giving back every penny that I have paid them. Compensation for the loss of my business and assets, being held accountable for ruin my life, destroying my family, stealing my son’s college education etc. She is not asking for any of these things, telling me when we go to trial I will only possibly receive $2,000, which is the fine they might have to pay if found guilty of violating the T.I.L.A. That $2,000 is a fine, which I sure goes to the Court! When we got a trial date, she said She wants the title to my vehicle, because she wants another $5,000.00 before telling the court to give me a JURY TRIAL, WHICH IS WHAT I PAID FOR AT THE BEGINNING! WHY THE HELL WOULD I PUT THE LARGEST DESICION IN THE HANDS OF ONE JUDGE!!! She has missed court dates, never informing me until AFTERWARDS. She informed me the Judge is not going to give me attorney’s fee, IF we win. From what the judicial system has let slide, they are just as responsible and currupt as the criminals! Instead, these criminals do not receive ANY PUNISHMENT, being REWARDED BILLIONS IN TARP MONEY, REFUSING TO — USE OUR HARD EARNED TAX MONEY, (PLUS OUR CHILDRENS’, CHILDRENS’ TAX MONEY) FOR THE PURPOSE INTENDED, DOING LOAN MODIFICATIONS, AND HELPING TO REPAIR THE LIVES ALL OF THE HOMEOWNERS THESE GREEDY, CHEATING, LAZY, LOSERS UNFAIRLY STOLE. THEIR ONLY SUCCESS, THE DOWNFALL OF OUR COUNTY.
Anyway, She has not done anything that I expected of her, not even letting me see ANYTHING about the lawsuit she filed on my behalf until almost 3 months after she filed it. I have over 10 answers to my Qualified Written Request that state, “THE NOTE CAN NOT BE PRODUCED”. BUT MY LAWYER’S FIRST SENTENCE IS “The credit transation was EVIIDENCED BY A NOTE SIGNED BY THE PLAINTIFF BEARING THE DATE OF NOVEMBER 21, 2006. THE 2006 DEED OF TRUST WAS A LIEN ON THE HOME!!!
Weeks AFTER they received my 3-day rescission they mailed (accidently) an ADDITIONAL SET OF BLANK, UNSIGNED FRAUDULENT CLOSING / UNDERWRITING, / “INNER OFFICE” ORIGINALS, being shipped on February 12, 2007 approx. 3 months after the closing, I have the document to prove the shipping date, shipping cost and tracking number printed on one of the documents in this package.
From: Audrey Pritchard of Alliance Title Co. in California (Wachovia, Wells Fargo, S.L.S)
To: “THE NOTARY” here in VA, whom I never met, having his signature which is only a few docs. being spelled different, from one page to another and all improper, missing the “SR” at the end of the signature. The notary signatures on required docs, are missing along with the notary seal. I sent the notarized pages to the Virginia Secretary of the Comonwealth for authentication, but they could NOT AUTHENTICATE (I have that documentation also).
I do not think the cheating, lazy, low life realized the date was printed on HUD Settlement Statement, (being the only 8 1/2″ x 14″ legal size pages, being folded under to match the rest of the 8 1/2″ x 11″ documents fitting in the shipping package) The HUD is PRINTED 8 days AFTER the CLOSING. I’m sure Audrey Pritchard sent it be FORGED, BECA– USE I DID NOT SIGN A NOTE! I have the forged document package, and the original unsigned package of blank documents!
Also, I have the phone logs proving the communications of the cancellation of the loan, and incriminating inner office emails that are UNBELIEVABLE!!!
They charged almost $60,000.00 for a loan that not only was not cheaper per month, they added an addition 10 years, to my new 30 year “Rescue Loan” and gave me a prepayment penalty.
They did not consumate the loan, never PAID: HUD Line 303. Cash TO Borrower $1,067.06,
OVERPAID HUD Line 104. PAYOFF to Morgage Lenders Network USA, $2,384.17, charging for Lender Placed Insurance which they know is completely WRONG, BECA– USE MLNUSA HAD CHARGED ME, see HUD Line 903 “P.O.C. $2,491.00 Buyer” aditional $970.00 Paid from Borrower’s Funds @ Settlement (Flood Line 904. $774.00)Also aditional moneys paid see: Reserves Deposited with Lender Line 1001 Hazard Insurance $1,730.52 Line 1003 City property tax $1,597.45 and Line 1006 Flood Insurance $709.50 plus thousands for title charges, again.
Additionally, I OVER PAID World Saving Bank/Wachovia $11,333.24 for PAYOFF. BEING OVER CHARGED ESCROW OF $17,156.41 within the 9 months of the 1st Wachovia FRAUD Loan, having already charged me an additional 21 months escrow reserves for hazard (homeowner’s) insurance on HUD, OCT. 24, 2005, still having over 6 months left on the policy (with a $216.00 bump-up to increased loan amount, due date Nov. 18,2005), THEY CANCELLED MY INSURANCE (NOV. 18,2005) WITHIN DAYS OF THE 1st FRAUD LOAN, charging thousands of dollars for LENDER’S FORCED INSURANCE (Nov. 18,2005) CAUSING MY 1.95% FIXED LOAN TO GO NEGATIVE AMORTIZATION BEFORE THEIR 1ST PAYMENT WAS DUE!!! NEVER PAYING (on closing documents) “Accounts To Be Paid At Closing” Citizencaf $45,297.00.
I can go on & on, having inflated appraisal (when Wachovia flipped the loan back to themselves, charging me almost $800,000.00 the properties 100% value was $374,432.00), padding in the closing costs, bogus mortgage broker fees which are kickbacks, ballon payments, pre-payment penalties, over escrowing, lender forced insurances, FRAUD, FRAUD, FRAUD.
I need an attorney to bring another lawsuit BEFORE my lawyer settles with Wachovia / Wells Fargo without me knowing.
Wells fargo auctioned my home to themselves Aug. 18 ,2010, $450,000.00 for less than half what they charged me,but I let the state put a lien on the house for $93,000.00 in state tax (I do not owe this, the buyer of my apartment building falsely reported to the state and I.R.S, but I am not going to fix this, it is the “ONLY INSURANCE” I HAVE to keep from being thrown in the street! THE CAN NOT GET CLEAR TITLE, UNLESS THEY FORK OUT $100,000.00 AND WE ALL KNOW THE BANKS NEVER HAVE TO PAY FOR ANYTHING, THAT MONEY CAN ASSIST THEM IN STEALING A COUPLE THOUSAND MORE HOMES.
MY CORPORATION , I am the licensed contractor, built the house and have not received payment, so on March 18, 2011 the Corporation put 2 MECHANIC’S LIEN ON THE PROPERTY FOR $774,669.73 (which is documented with originals). One (1) lien is against me, Rita Cheche, OWNER of the Property, and the Second (2) lien is against Wells Fargo, the OWNER. The lien has to be recorded BEFORE the Property LEGALLY changes hands, so, unless they have a friend in the land records office to add to their conspiracy, Wells Fargo is not the owner yet!
My trial date is October 18, 2011, please help, i DO NOT HAVE A DIME LEFT, now on food stamps, I know with all my evidence we will MAKE HISTORY.
Contact anytime, Rita Cheche, 757-427-0075, rcheche1@cox.net.
Firstly, let me thank you for all the work you have done on disclosing and dispersing so much information. American homeowners everywhere owe you an unpayable debt.
I have been struggling to keep my mortgage current. I have been underemployed or unemployed for the past 2 years and have relied heavily on my savings and 401k to keep things paid off. I am 60 years old and single which means the burden all falls on me.
The loan I am in is a flex pay (negative am) note which was taken out in September of 2005 with Indymac Bank. The broker was from World Leadership Group who was trying to convince me that this was a great way to “get rich”. When I asked him what the downside of paying a minimum payment was, he told me nothing, the minimum payment was all that was required. I called the lender and was told the same thing.
After 6 months of paying the minimum I realized my principle and payment was going steadily up. Puzzled by this again I called the lender. At this point they finally informed me of the truth about the minimum payment. I immediately started paying the interest only. It was all I could afford at the time $1300 for a 122,000 mortgage that started out at $117,000 was all I could manage.
As the rates went down, so did my payment, so I managed to stay current.
Realizing that I could not continue to pay my note once my savings had been depleted, and realizing now that Indymac no longer existed, and I had been paying Indymac Mortgage Services, I wrote a letter requesting the lender to produce the note. on September 21, 2010 exaclty 30 days after sending the letter I recieved 2 letters from the lender. The first one stated that my interest had gone down bue .50%, the index had gone down by .375% and my mortgage payment had increased by $112.00! The second letter informed me that if I wanted a copy of the note, I had to pay them a total of $105 for the documents.
I called the lender again, requesting an explanation on the increase. I was informed that they had “recast” the note. I said, yes ok fine, but still, 3.5% of $122K is always going to be less than 4.25% of $122k no matter what you do. They had no explanation as to why, except that’s how it was. So I told them fine, you can have the house. I am recasting my budget and I can no longer continue to pay on a mortgage that you keep changing the paramaters to when it suits you with no regard for the borrower. Be aware that from this point on I will no longer be paying my mortgage and I’ll see you in court. I am sure you are aware that CA and FL have deemed flex pay negative amortization loans to be illegal and as a law abiding citizen of the US I cannot in good conceince continue to support your criminal activites.
Then last week, going through my copies of the mortgage, most of the documents are missing. There is no TIL, no perliminary hud, no copy of the mortgage ap and not one single copy has my signature on it. I then also received another letter from One West Bank, with a few pages from my mortage and a copy of some Mortgage note but it is not the same as what is in my file at all. On the letter they tell me they are enclosing my note and will provide the remaining documents when they find them.
I find it interesting that they were able to find maybe 20 pages of a document but cannot find the rest?
In 2006 because of this crazy mortgage I was stuck in, I got my mortgage brokers licenes and couldn’t work in that industry because the fraud was so rampant it was sickening. What I do know however, is ever single piece of paper, every document, ever note, MUST be included in the file and the borrower MUST have a signed copy of every document.
When I saw all this and your site, I decided that win or lose I am going to fight this in court.
thank you for the information on finding fraud in your public records. I will take a day next week and go to the county court house to see exactly what is filed there. Online it shows the only recording is to indymac bank, however my documents are all signed by MERS representative.
Would you recommend that I file a suit against the bank or should I wait until they start proceedings? As of tomorrow I will be late with my payments and 30 days late on November 16, 2010
I am not a legal expert but from reading just one home foreclosure case transcript my interpretation of how judges think is this,
“if a homeowner stops making their mortgage payments and continues to live in the home, the home owner is trying to take advantage of the system”.
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If you owed 150,000 dollars and were only paying the interest and the interest was 3.75 percent, your monthly mortgage for interest only would be around 460 dollars! Focus on fighting for a fair mortgage deal because I don’t understand how your 122,000 dollar interest only loan is costing you 1,300 dollars a month.
No question but that the judges are mainly uninformed about the mortgage related issues for which they must rule over. They are now learning after hundres of thousands have lost their homes. Most just say, well, the servicer says you are delinquent, they have the documentation which shows you are and they have the Note. They simply rubber stamp the deal for the lender to foreclosure if in a judicial court. Otherwise in a non judicial court, you have to file something to get the servicers to the hearing and when you do, you had best be ready. Judges may still ignore you if you are pro se so that is another issue because my clients that called me had no luck with legal aid or voluntary attorneys. Unfortunate, but it is so. I can help you understand how they came up with the $1300 if indeed it is a correct number. You have to know exactly what the loan repayment terms are which I am sure you know.
Ann,
You are also going to owe the IRS 40% on that IRA. Do your taxes carefully or do an offer in compromise to IRS.
Good luck.
No, you should not wait. You probably have some options that will help you, but you need to talk to someone that is familiar with strategies that can be used to halt the foreclosure. I do not agree that bankruptcy is a viable option particularly when you do not know exactly what, if anything has been mishandled. You must pin it down exactly with the proper support, then you go to the Judge. Write to me at my email address, perhaps I can assist you. I have been in the mortgage business for about 45 years and have retired twice, but we are still getting calls for help. The securitized loans are complex and you need to produce certain paperwork that will help us prepare some findings for you to take to an attorney that will keep your cost down or you may be able to pursue yourself. There is no charge for any service that I render, and I am not an attorney, but a mortgage consultants working to help homeowners defend themselves. Thank you and let me know if I can help. Your problem could have been resolved at the servicing level, but that could not be done because the dealers must get your loan removed from the trust fund so they do not have to continue paying the investors. Therefore, the modification programs have been nothing more than a ploy to put the public off until the real issue (repurchase of the loans) could be resolved between the banks and the secondary. I know about this. All three, the feds, the lenders, and the securities dealers are in conflict with each other. The attorney generals will get to the bottom of this. They don’t know it yet, but they are very close.
Ms Joyce
I’ve file a lawsuit against GMAC and all their affiliates however I can’t seem to find an attorney because they’re all defending the Banks. I’ve pretty much got this thing down and a lot of it by reading blog like yours. However, I need a little help and if you’re willing I like for you to contact me.
Let me know how it turns out…what are you using for exhibits? Did you have a robo signer?
Ann, please connect with Indymaccomplaints@gmail.com
myles
Does anyone know anything about HomeFocus Services LLC (HomeFocus) or Banc of America Settlement Services LLC (BASS). These appear to be the outfits used by BOA for title work, tax work etc. on my mortgage paperwork. Are they also dirty? Would appreciate info on these Services. Thank you. Holger.
i have already mentioned to others that you need to know exactly what, if anything, that participants to your loan transaction, may have done. Once you have the findings and have tied it down, then you need to compare that to what is appropriate in your state to resolve the issue whether it be a foreclosure or just a related mortgage issue. Too many people out there do not even know exactly what has transpired but that they are going to foreclosure and they have not pinned their options. Email me and perhaps I can help advise you as a mortgage consultant. I do not charge for my services but will be glad to talk with you regarding any issue you may have. If I cannot answer it, then I will tell you.
On the case of my substitution of Trustee assignment, Bank of America N.A. was suppose to be ‘appointing” RECONTRUST. Well in my research the person who signed for the sub. of Trustee was an actual employee of RECONTRUST not Bank of America N.A. I was told by some moronic person, “Well in actuality, RECONTRUST is a subsidiary of Bank of America!” What? So if I work for the county recorders office and someone from the County Sheriffs department comes in and needs me to sign something, I can legally do it as an agent of the County Sheriffs deparment, just cause I work for the county? NO! I want to list her name because I am seeing her signature on a lot of stuff in Arizona…….Her name is Naomi Dudek….she works for RECONTRUST in Simi Valley California but is signing documents that are notarized in Texas? Doesn’t work that way………anyone?
Reggie – (I just found this site). It appears that your situation is similar to ours. Were you successful finding additional information re: “Naomi Dudek”? … I’m also questioning signatures on my docs.
I’m also questioning a few things – for example:
– Why was ReconTrust’s APPOINTMENT (as trustee) dated AFTER the Notice of Sale & notarized doc were recorded?
– The Notice of Sale was never mailed to us (as required by AZ statute 33-804) – it was found taped to our front door.
– AZ’s Statute (AZ 33-803) says that the Substitution of Trustee must indicate why they qualify as a trustee. They claim to fulfill qualifications under subsection A5 as follows:
(Trustee must be:) – An association or corporation that is licensed, chartered or regulated by the federal deposit insurance corporation, the comptroller of the currency, the federal home loan bank, the national credit union administration, the farm credit administration, the federal reserve board or any successors.
Ok, this is fine and dandy but perhaps this is simply semantics for another cover-up?
Under the same AZ statute (subsection 6B), it also states that the trustee cannot be a beneficiary. If ReconTrust’s website states that they are “wholly owned subsidiary of Bank of America” which provides “FORECLOSURE SERVICES”, isn’t this a conflict of interest?’
http://www.recontrustco.com/
Mortage Mag also lists ReconTrust under corporate listing as a ‘foreclosure service”:
http://www.mortgagemag.com/guide/c150/c150512.htm
Is ReconTrust simply an agent of B/A’s own company and acting as a bill collector & foreclosure auctioneer? Weren’t DOT’s created for non-judicial states to do away with court proceedings? If so, aren’t trustees supposed to be a NEUTRAL third-party? …
– Aren’t BAC and Bank of America, N.A. two separate entities? In a recent article, I read that Bank/America plans to transfer loans from “BAC” to “Bank of America”. If this is the case, why was ReconTrust Substitute of Trustee notice appointed by “Bank of America” but recorded by “BAC”.
This just in, BOFA got caught because of what Renee Hertzler (robosigner of my case), said in a deposition in a Massachusetts homeowner’s bankruptcy case that she signed 7,000 to 8,000 foreclosure documents a month.
http://content.usatoday.com/communities/ondeadline/post/2010/10/bank-of-america-halts-foreclosures-in-23-states-over-paperwork/1
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[…] LINK – Foreclosure Fraud – Guide to Looking Up Public Records for Fraud […]
[…] LINK – Foreclosure Fraud – Guide to Looking Up Public Records for Fraud […]
[…] LINK – Foreclosure Fraud – Guide to Looking Up Public Records for Fraud […]
AHMSI CANNOT PRODUCE MY ORIGINAL AMORTIZATION SCHEDULE, BUT INSTEAD THEY SEND A SCHEDULE FROM THE DATE THAT I REQUESTED IT. THEY ARE CLAIMING THAT WE OWE MONEY THAT WAS PAID BEFORE THEY STARTED THEIR SERVICES, AS A RESULTS THEY INCREASED MY MONTHLY PAYMENT BY $900.00. I DID NOT GET AN INCREASE IN PAY.
This is just exactly why I have told so many people that: after giving loans to individuals without properly explaining their loan transaction to them, they are then met at the gates of hell, the loan servicer. The loan servicer’s performance has so deteriorated that there can be no hope by the homeowner of being treated fairly. The wasted Congress of 2006-7-08 did nothing to back up the homeowners and when they had their hearings with Fannie and Freddie the Congress didn’t even know what questions to ask and they accepted basically whatever answer they were given. I assume this is the way it went because during the past year and one half, the treatment has become abusive. I have no less than ten cases that will document for homeowners and anyone else exactly what is going on. Email me if I can help you in any way. You can run your own amortization schedule. However when you do, you must request return recceipt requested, a full copy of your payment history from the date of the closing of your loan so that you can see what was paid at the title company for taxes, insurance , pmi., prepaid interest and then they would be listing the monthly payments and how they are broken down. With that, you can compare it to the amortiation schedule and you will also compare it to the deed of trust provisions which generally tell you how your payment can be broken down and in what order the servicer has the right to apply it: interest, principal, escrow, whatever and they best had followed their deed of trust. This is your money, not theirs but they have to follow the provisions of the d/t just like you.
OMG! I can’t believe I just lost my entire post! 🙁 – the short of it – I ant to thank everyone who’s contributed to this site and shared valuable information.
Current mtg w/Citimortgage – transferred 3 times prior with original, noting “MERS is the mortgagee under this security instrument”
I’d never been late w/mtg pymnt. Couldn’t pay Oct 1st – (Due on the 1st of the mo. / late charges commence the 16th) On Nov.1 I received a NOTICE OF DEFAULT AND FORECLOSURE demanding I pay 3 months plus undisclosed fees by Dec 2, or foreclosure proceedings would commence immediately thereafter. Several contact attempts to reach person I was told to contact – redirects, disconnects, transfers in circles until I was directed to loss mitigation. I explained what I received and the rep told me not to worry, throw the letter away (yeah, right) and if I made a payment by the 15th, they’d waive the monthly late charge. So, now I’m late with Nov and not sure what to do. I lost my job late 2007, am getting a biz off the ground, and managed to get 2 p/t jobs since April – not enough to sustain mtg, utilites, ins., etc. I’ve gone through my entire savings and retirement over 3 years and am not able to keep up with the pymts, especially since a recent property tax increase. After I landed in the hospital (w/ health insurance), and them not paying a dime – I elected bankruptcy. (chap 7) A friend told me I should call Citi directly and ask them to produce ‘the note’. I decided to do some investigating first, and came across this site. It was also recommended that I try the makehomesaffordable.gov program, as they just added NJ to the third string of funding. Is this legit? Any info or any suggestions anyone might offer as a first step is greatly appreciated!
Q. Should both the notes and mortgages be filed with local county records. I”m in a foreclosure in FL and only the mortgage is filed with County Clerk. There is no record of a note. What does this mean?
Notes are not recorded.
What I found that was strange is that the foreclosure is listed in the public records but the lis pendis isnt ! Also I have no assignment of a mortgage other than the original assignment to MERS. I suspect they will be dropping my foreclosure pretty soon then getting their eggs in a row and refiling.
Yeah, I bought my house with a Countrywide loan and Bank Of New York is suing me for Foreclosure. There is NO ASSIGNMENT. Im in PBC, FL. Ive been in court two times on the eve of foreclosure and Judge Sasser helped to stop. So far still here and my mod that was due today at the latest is still under review with BOA. Can anyone tell me if Bank of New York really does not own my house because there is no assignment on record?
Hi Lee, Im in PBC also, how is your case going? Chances are your loan is securitized and if it is there is no note.
[…] Posted by Foreclosure Fraud on September 2, 2010 · Leave a Comment The Post That Started It All […]
I also meant to ask what the steps are in filing a lawsuit if I decide to take on the ` pro se’ role. If there is an attorney interested in this case, please let us know. What forms are needed to filing a wrongful foreclosure which violates TILA, ECOA, RESPA, AND HOEPA. ANY AND ALL HELP IS GREATLY APPRECIATED!!!
I don’t recommend going it completely alone. Do google searches using “Pro Se” and your “zip code” in quotes, and see what comes up. If you decide you cannot afford an attorney, having a para legal service where you can go in and work with their people at affordable rates might be the next best option.
Attorneys are supposed to do 25 to 50 hours of pro bono work a year. HA HA HA HA HA HA HA. Getting an attorney to work for an amount that might barely cover costs might be the best you can hope for.
I think it may be possible to start with a para legal service and as they get up to speed on your case perhaps they can glide you into the right attorney situation.
Good luck. I paid almost $40,000 for an atty and we had a corrupt judge that ignored the facts of the law, an expert witness, depositions. We are victims of an illegal foreclosure and would have been eligible to file a recission because all act were vilolated but we never got our closing papers until 4 1/2 yrs after we closed. We now had proof of forgery. lying on payoffs, different mortgage amounts and interest rates and all acts were violated. We were not even in arrears and we paid 150,000 in 5 yrs and zero wass applied to our principal. When we finally got our documents they refused paym,ents and sold our home to a subsidiary for almost $13,000 more than listed principla. They ignore chapter 244 section 14 which says you have to notfy the borrow about the sale and it must be listed in the newspaper for 3 consecutive weeks. This was not done then they changed the date they said it was sold. I am supposed to get funds over the balance. With Project Economy and robo signers being brought to the forefront I am not giving up. I can’t afford to pay anymore legal costs. I actually never had a legal binding contract without having my note and other closing documents. I was never aware of the essential components of the loan. It was a unilateral contract. I am the only person I know that was not in arrears and we lost our haome. I nned help to expose pir story. The affidavit was perged because they signed under oath that they abided by the MA foreclosure laws which is not true. I have a complete papertrail in consecutive order.
[…] Foreclosure Fraud – Guide to Looking Up Public Records for Fraud […]
In my foreclosure case, I have learned that the Plaintiff’s attorney prepared and filed with the Clerk TWO Mortgage Assignments involving the same parties, with the dates of assignment being approximately in year apart. Would love some feedback on this situation. The property is in Florida. Is it fraud? What should I do?
Fran I cannot contact you though this website, I click on your name and can’t send you a message.
I suggest you become active on the http://www.foreclosurehamlet.org/ setup a profile and ask some questions there.
Foreclosure, the Elements of Fraud and Case Law
A properly conducted non judicial foreclosure sale constitutes a final adjudication of the rights of the borrower and lender. Adherence to statutory procedure is a judicial obstacle litigants will face in a court of law when arguing a wrongful foreclosure. You did not pay as agreed and therefore someone has the right to foreclose.
Therefor , once the trustee’s sale is completed, the trustor has no further rights of redemption.
Upon the trustee’s sale aving been completed, the trustor has no further rights of redemption. (Moeller, supra, 25 Cal.App.4th at p. 831; see also Melendrez v. D & I Investment, Inc. (2005) 127 Cal.App.4th 1238, 1250; Knapp v. Doherty (2004) 123 Cal.App.4th 76, 86-87.)
The word “properly” is transcribed herein from courts comments and begs the question of what defines “proper”. I’ve shared with counsel the ambiguity of the California legislation governing modifications under California’s addendum to code [CA CC §2923.5] for a “meaningful” effort. Neither meaningful nor proper offer an absolute in allowing the courts to ascertain a victim status foregoing any discussion about victim’s rights.
Perhaps “proper conduct” is mto be a lack of “sufficiency” pleading an otherwise measurable adherence to code or regulatory procedures.
Bank officers are (were) taught early on (through the year 2000 that anything viewed other than “strict” adherence to guidelines is cause for escission. Therein the asset is tainted. If theloan is undeliverable the asset is impaired (after being aged 90 days) .
Herein the asset quality diminishes over time whereby the deed, not the ote or obligation shall rest “disturbed” subject to a proper cure. The cost to cure if pursued by the bank as a seller maybe quantified as something simple to fix.
When a lender is reluctant to request of a borrower assitance needed to cure a defect the mattere becomes further complicated assumong thelender may not be able to sell the asset as it stands. Certainly, there is a vulnerable condition that arises from non deliverability by exposure ad upon announcing tto a borrower the defect. In this regard the lender will trigger a possible threat of rescission or more severe penalties upon encountering a soured customer, post closing.
California courts have been inclined to uphold a contractual understanding amongst parties whereby each shall be seen in the courts view as having refrained from doing anything to injure the right of the other. Good faith and the role of a fiduciary are something to contemplate in another analysis. However, for this discussion we note a condition or impairment affecting deliverability that can excite problems such as non deliverability. The loans originated under secondary guidelines are rejected by the secondary markets, subject to the understanding amongst those parties meaning the primary seller.
Therefore, a dilemma arises if one or more closed transactions are marked undeliverable “subject to” and is thereafter conditioned as “ineligible “under the secondary markets criterion for transfers and sale.
Yesterday I lost my condo to foreclosure in an aggressive fashion. The hearing for summary and final judgment was filed with the wrong court and when I attended the hearing, I was adviced that my case was not on the judge’s calandar. Puzzled, I went to the records room to learn that the file was moved to the court house where the properties with sale dates are stored. I went there and was able to review the file slightly. Next thing I learn is that the final judgment was granted on that day the hearing was suppose to take place and had a sale date of yesterday. I called the bank and asked for medition, loan mod, but they weren’t helpful. I requested an emergency hearing to ask for a mediation, loan mod. This is my homestead property. They refused stating that since I didn’t register the house with the county as my homestead, they don’t consider this my homestead property (I have 3 investment properties and accused me at living at one of them. I have been living here since 2008 and am able to prove it, but the judge didn’t care to know about it. The judge gave me three days to come up with a loan mod package and send to the bank, which I did. I requested an emergency hearing the day before and the Bank refused the application and proceeded with the sale, By then, I had time to review the file carefuly as I was puzzled as to why I didn’t have an opportunty to a hearing. I learned that the judge signed the final judgment the day the hearing failed to get on calander and found in the court file that the hearing notice was filed at a different courthouse and it was stamped received by the judge’s office 9 days after she granted the final judgment. I asked the clerk to print out the case hearing to prove my argument, So, I have several documents filed by the attorney, with many errors, and what appears to be a fraudulent event on the hearing I was not given an opportunity to have. I’m filing a motion to vacate the final judgement and sale, tomorrow, but am afraid to classify the act as “fraud”, yet I have no doubt that it is. Does anyone know if this would be a cause to dismiss without prejudice?
Somebody contacted me and told that Chase Bank is doing this tactic as well. They purposely file in a nearby county, but not the right county, and when people check to see if there is a hearing scheduled they won’t ever find it because it is in another country!
Somebody alleged to me that this is actually done on purpose!
Any info on Kondaur Capital. I’m fighting them now after Wells Fargo sold my note to them. They only want to foreclose on my house. I may need help looking up transfer info on them. Any help would be great.
Thanks Ray
[…] Foreclosure Fraud – Guide to Looking Up Public Records for Fraud […]
Other popular foreclosure web sites have skipped and jumped their views over and over. Now they are besieged with wrong or meaningless information.
People are depserate and are reading things that will not further their chances. Ask yourself the following:
1. Who is foreclosing on you?
2.Who are you suing?
3. Why is bifurcation so important?
4. What makes a trustee sale void versus voidable?
5. Name thee effective causes of action?
There is value in the details and a chance to prevail in the most mundane arguments.
Nice site folks, keep it up!
MSoliman
expert.witness@live.com
What’s the case number and county?
Everybody; when posting cases please add the case number(s) and counties; makes it easier to cross-ref and speculate on what may have happened.
Charlotte County
Circuit Court 20th Judicial Circuit
Case #: 2009-CA-004061
it’s Charlotte County in Florida
sorry
My husband went into foreclosure last July (2009). He hired an attorney who staved off the summary judgement for almost a year. Because we are both unemployed, he were unable to continue to pay the attorney and he withdrew just before our summary Judgement hearing which was scheduled for June 10, 2010. Three days before the plantiff cancelled the hearing. The plaintiff then filed a mostion to dismiss action, dishchare Lis Pendens and return original Note and original mortgage. This prompted me to shake my head, as his attorney had told him that at summary judgement, it was almost certain he would not prevail and at such time judge would set a sale date for the house and we would have 30-120 days to vacate depending on the sale date set. This prompted me to become an armchair paralegal and start doing some research on the internet, which led me to this site and also to Livinglies. Now I’m extremely curious. His original mortgage has the lender as AIG and trustee/mortgagee as MERS. The suit filed listed US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET BACKED CERTIFICATES, SERIES 2006-CB5 as the Plaintiff. I went to public records and downloaded all the docs for my husband. There is an assignment of mortgage to US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET BACKED CERTIFICATES, SERIES 2006-CB5 signed my Marti Noriega as VP of MERS. Notorized by Melissa Bell. According to my research, MERS has no authority to assign the mortgage to US Bank or anyone else, which I believe would go to standing. Since they have dismissed the case, I’m unsure what the next step will be or what, if anything he (my husband) should do. Also, I was wondering if he could file a counter complaint for frivolous lawsuit and recover his attorney fees . Any advise would be greatly appreciated.
also Marti Noriega is a Vice President Foreclosre AVP at Litton Loan Serving, NOT a VP at MERS. Litton Loan Servicing was who all correspondence and payments were made with for the life of the loan.
Are you in Florida? It sounds like you’re fighting LPS (and their sub DOCx that forges assignments and such) … please read at http://livinglies.wordpress.com/2010/02/25/hers-info-invalid-notarization/ You should already know that MERS cannot be the mortgagee as they never own or control anything (which is also why they cannot be a trustee)
My advice ,, get a job or sell something ,, get the money you need for representation.
Get copies of every document the opposing counsel entered into the record.
Merlene,
you said the key words…I have pondered over another forclosure case with same words…’Three days before the plantiff cancelled the hearing. The plaintiff then filed a mostion to dismiss action, dishchare Lis Pendens and return original Note and original mortgage’ it appears that they knew they did not have standing but actually tricked the courts to then create an original ‘note’ they never had in the first place…so they are asking for that original note and original mortgage to be returned to them…think about it…now they can return at a later date to refile or use another collection agency to try to collect the debt… hopes this throws some more light as to their actions…but check with an attorney to be sure….
Marlene:
Can you tell me what proof you found that MERS has no authority to assign the mortgage to anyone? They did it to me.
[…] 4closureFraud.org was launched in late October of 2009 with a single post on a Guide to Looking Up Public Records for Fraud… […]
Hello…anyone have a depo on Stacy E. Spohn? Pls email me at rmeltzer@meltzerlaw.us ….thnks!
Only creditors seem to have standing in court( not always!) Why not have the banks testify under oath and by afidavit under penaly of purgery that they are the creditor in this matter. Bet they won’t. If they will not swear to being the creditor, than I will swear to being the creditor. THEY CAN HAVE CONFLICTING ARGUMENTS! The promissory note is legal tender by their own codes and so are Federal Reserve Note. That sounds like an EQUAL exchange, not a loan. If that is the case, than there is no debt after closing. That’s why they call it closing. Now we have the Deed of Trust. Who is the creditor and debtor here. You gave them the property. Where is your consideration? It looks like you must be the creditor, because you gave them the property and they gave you nothing. They are making money off your asset. Undo enrichment! Fraud maybe? You tell me.
[…] McCollum announced a probe into one of the state’s largest foreclosure law firms for allegedly fabricating legal papers used to speed up foreclosures, Hobe Sound attorney Trent Steele dubbed it “a good […]
[…] Second, we covered the issues of employees of the plaintiff or the plaintiffs firm creating the documents they need in order to process the foreclosure. Feel free to search this blog site and others on these issues. A good place to start would be here – Foreclosure Fraud – Guide to Looking Up Public Records for Fraud. […]
See some of the work being done in Suffolk County, New York-carolryderlaw.com has some guidelines. You may have heard of it because a lot of celebrities live out here in the Hamptons or, for those of us in the real world and on this site, because of the Hon. jeffrey Arlen Spinner. He famously tossed out a $525K mortgage for lender abuses. Now, he helped set up a pro bono program for people in mortgage crisis. He marshalled the members of the Suffolk County Bar Association, all of Touro Jacob D. Fuschsberg Law Center (a.k.a. Touro Law School, founded on principles of using the law to do good, and in a new facility across from Federal AND NY State courts), Nassau/Suffolk Law Services (like Legal Aid) and has us all working pro bono to work oout loans and keep people in their homes. We have interns doing the preliminary paperwork, sending in people for free legal counseling, more attorneys out there in judge Spinner’s courtroom banging out settlement conferences…although Suffolk Cty has he highest foreclosure filing rate in NYS, we have double the “save” rate in NYS.
Oh, and by the way, I left Wall Street-thought I was doing zippo to actually produce anything, and I felt a very bad feeling about what was going on (not quite high enough to be “in” on the fraud but high up enough to smell a lot of rates) and felt by becoming an attorney I could actually do good, and I am thrilled I can. Oh, and all those lawyer jokes? Change them to “Wall Streeters”. Why don’t sharks attack Goldman executives? (Prof. courtesy) What do you call 100 Goldman execuritves at the bottom of the ocean? A good start. Just like what is going on out her-a good start (but the worst is yet to come).
[…] these aggressive, unprofessional foreclosure mills and their Plaintiff clients are still filing fabricated documents by the millions without any respect for the integrity of our official public records or the laws of evidence set by […]
[…] Foreclosure Fraud – Guide to Looking Up Public Records for Fraud […]
I’m looking at my mortgage document stored in Hillsborough county public records.
The mortgage is signed and stamped by a notary. I cannot find this person listed as a commissioned notary by name or commission number using the lookup tool at http://notaries.dos.state.fl.us/not001.html
Is this worth further investigation? What, if anything, could this do for me?
If you are a victim of Foreclosure Fraud, Sue the Lenders!! Sue them yourselves! File a Complaint your County Superior Court…All but half of all the lawsuits againsts MERS in the Indio, Ca. Superior Court are pro per and the Courts are well aware of the homeowners plight to keep their homes!
The Courts are the ONLY way to prove the banks have forged documents, if they even have any documents at all!! You know MERS processed some 60 million loans “paperlessly” so finding documents must be put back on MERS….the lenders and servicers have lost your Note and they can’t take a house away from someone without “proof” that they own it or are authorized to negociate or foreclose by the TRUE Owner of the note…demand they produce it and STOP sending the hardship letters and proof of incomes, over and over…it’s their “stalling” tactic because they have some 60 millions homeowners in their clutches…demand they send you proof that they own your home….
Nail these guys by filing lawsuits…this is the ONLY way…
If more is needed, email me at elyse@gte.net
This has become my entire life and soon, the news will finally report what has happened and then ***t will hit the fan!
I have been arguing with BOA as to why the foreclosure on a condo has taken over three years? It was a MERS mtg. and The Att. David Sterns, I believe has fraudulently filed papers in court. His secretary has signed both as The Attorney’s sectretay and also the assistant sec. for MERS??? Please call me so we can discuss 941-828-2636 or email me. Thank you Adele I am in the state of FLorida
Hi,
Two of my children are in foreclosure in Florida.
Is it possible for me to obtain a copy of
“Looking Up Public Records”?
In one case, “Stacy E. Spohn” signed an affidavit as the V.P. of Chase Home Finance, LLC. On an Assignment of Mortgage from JPMorgan Chase Bank, N.A. Ms. Spohn signed as the V.P. of JPMorgan
assigning the mortgage to Chase Home Finance, LLC.
The Note is endorsed in blank.
Anyway, we would like to know if their notes were securitized.
Thank you,
Robert Chaney
(863) 835-3683
I have a Stacey Spohn doc where she signs as V.P. of Chase Home Loans
[…] these aggressive, unprofessional foreclosure mills and their Plaintiff clients are still filing fabricated documents by the millions without any respect for the integrity of our official public records or the laws of evidence set by […]
[…] these aggressive, unprofessional foreclosure mills and their Plaintiff clients are still filing fabricated documents by the millions without any respect for the integrity of our official public records or the laws of evidence set by […]
[…] the notes or loans in question, because they are the mortgagees as shown on the land records” (by fraudulent, fabricated assignments? Or perhaps you were referring to these BOGUS assignments recorded in the land […]
[…] Foreclosure Fraud – Guide to Looking Up Public Records for Fraud […]
Just for the record… If you do not have a discharge of mortgage from the REAL CREDITOR (aka the “holder in due course”) you have absolutely NOTHING!
This is a very important topic of discussion, please send this to your local, state and federal officials… they desperately need to know about these things!
GREAT JOB ON THIS!!!
What if I bought a foreclosed house that the previous owners lost because of a MERS/foreclosure and claim they still own the property? I’m in the middle here. Is there any recourse for me?
Title insurance and a moving truck. Don’t become too attached to the place, and be a little more careful next time; if it looks like “a steal” it probably is.
[…] From Lynn Szymoniak, Esq The next step (pertaining to the Massive Pernicious Frauds , see here, here, and here, along with these depositions here, here, and here, added by 4closurefraud) is […]
[…] recordings, Tywanna Thomas, wrongful foreclosure For the past year and a half, I have been examining the public records of Florida, analyzing all of the fraudulent documents that have been entered into the system […]
[…] my Guide to Looking Up Public Records for Fraud to search for these documents and see for yourselves. There are plenty of […]
James – one of the people whose work on fraud has been posted here is making a move – anyone who has been screwed needs to go to http://www.fraudforeclosure.com and register with their info!
[…] “Freddie Mac’s servicers initiate foreclosure actions in their names, even though they are not the owners of the notes or loans in question, because they are the mortgagees as shown on the land records” (by fraudulent, fabricated assignments?) […]
Didn’t this same type of thing occur in school loans?
It’s the process, not the type of loan that lenders focus on to do the scam.
This is brilliant although unfortunate the WE as a people have to become sleuths when it comes to our contractual and civil rights.
I am going to have your rss on my site to share your investigative prowess!
Thanks for the powerful information and keep fighting the GOOD Fight
BuddyT
THANK YOU! By reading this article I was given the courage and knowledge I had been seeking. I did a search in the land records for my state and found the same person as “VP” and the same person as “notary” on quite a few files that were not MERS…so they are not the only ones having done this. While the “VP” signatures all matched, I could find MANY occasions as to the “notary” signatures were COMPLTELY DIFFERENT! I know I don’t sign my name EXACTLY the same every time, BUT this is TOO OBVIOUS to ignore
My brother in arms .. Nice site. clean and informative. Good Job…
M.Soliman
Thanks for the document on how to research assignments for fraud. I have been telling people about this fraud for some time. Now I can just point them to your direction. AWESOME
Thanks for finding our mortgage pool! We have been following others attempts to find their trusts and working on it ourselves for months without finding anything. We thought it was a lost cause. You found it over the weekend. AMAZING.
To the community…Please donate to keep Michael researching as we did. I sent him an email with my assignments and asked him to look at them, and a day later I had answers!
GREAT JOB! I have been on this same mission for over the past 2 years. What you have taken the time to compile is invaluable. I commend you on this effort.
Many of us have been writing about this bits and pieces but no one has yet to put it in place.
This is important and I would like to post it on my sites:
http://www.TheMOrtgageCorner.blogspot.com
http://www.TheForeclosureDetonator.wordpress.com
http://www.TheForeclosureDetonator.org
I also will add a permanent link to all these sites for you.
I am also the current publisher of http://www.GoldmanSachs666.com, http://www.JPMorgan666.com and others but these are the two major ones.
Again, great job and effort. Let’s spread it around. People have to know and if everyone fought their illegal foreclosures the country would be better off in the long run.
Don’t forget to check out http://www.swarmthebanks.com
the idea is people can keep tabs on dozens of foreclosure related blogs all at once and see who has just posted a new article. lol, no advertising either unless I put it up for free.
I think it may be more productive to move from civil actions to criminal prosecutions. Can Jamie Dimon be sued for fraud personally?
I don’t think that our politicians or the Judicial System will ever do the right thing without being forced to do so!
Suing for fraud is a civil matter, not a criminal matter. You would have to file a complaint with the appropriate agency/prosecutor’s office asking them to investigate fraud. I would start with a complaint to the state attorney general’s office. I read that 49 attorney generals are investigating foreclosure fraud.
I’m sorry, let me clarify. Only a prosecutor’s office can file fraud as a criminal matter. Otherwise, you can sue yourself in civil court for fraud against Jamie Dimon personally, although I would include the bank too. In a civil case the remedy is money damages; in a criminal case the penalty is jail. Big difference.