I listened to the you tube recording and I was flabbergasted! I have been frequenting this site. I appreciate your response! My husband and I are unemployed at present (thus the reason for seeking a loan mod, which started this whole mess!)

We are Pro Se, but we have good advice (a former judge; an attorney who is a friend of my father; and a few other Pro Se-ers who have been in our shoes; a court clerk; a few bankers; and many others who wish to remain anonymous). We see that we could be getting in “over our heads” and time is of the essence. At this time, we have utilized all the cash we had on hand to get us this far, and now we have zero financial resources (on unemployment, food stamps…and soon to be on cash aid). Is there any way you could help us on a contingency basis? We have been told we have a very solid case, so winning would be easy….if we had help. I want to give you some details so that you can determine whether or not our case has a good chance of success. Please bear with me.

We paid CASH for our home in 2005 and owed nothing on our home. We decided to take out a “equity” loan in 2007 to make home improvements, pay off a few bills, and make an investment that would enable us to pay off the loan in a few years. We know now, but did not know then, that our loan was riddled with major flaws (including TILA, HOEPA, RESPA, not present at closing, no copy of allonge in its present form sent to us, to name a few). Little did we know that the investment we had made with some of the loan money would fall through and we would not be be able to “stay afloat”, and that our income would diminish to the point we would not be able to keep up on the loan payments! We heard about Obama’s “Making Home Affordable” Plan, so we contacted our loan servicer to apply for a loan mod. They told us they would not be able to help us unless we were in “default”. They said that any missed payments would not count as missed, but would be “deferred” payments calculated into the new loan/loan mod, so not to worry about the risk of foreclosure. We applied, and the long, drawn out loan mod process took more than 90 days (sufficient for them to collect the insurance). They then told us we were in serious default, and that if we did not pay all the missed payments plus all the late fees and other fees, they would have “no choice” but to start foreclosure proceedings. Of course, we could not come up with the almost $8k! We made payment arrangements to make 1 full mortgage payment toward the end of Jan 2010, and the rest would be due by the end of Feb. We made a payment in Jan, but on Feb 19, they filed a Notice of Default with the County. Mind you, they had not even filed a Assignment of DOT or a Sub. of Trustee yet! We made many phone calls trying to get an attorney to represent us Pro Bono or on a contingency basis, but to no avail. Finally, we got the Notice of Trustee’s Sale. Desperate, we filed both an Ex Parte application for a TRO AND a Complaint to try to stop the Trustee’s Sale. Our Ex Parte hearing was the very day before the Sale, but the judge denied it because (1) we were Pro Se, (2) he did not like a “word” we used in the complaint, and (3) he did not think we could post the ‘bond’ that would have been required for the TRO (we did not know we could have requested a waiver of the bond due to our income, or lack of “harm” to the Defendants). The judge denied us due process and did not allow us to state our reasons for the TRO. He was also rude and prejudiced. We left the courtroom and immediately requested the transcripts. Needless to say, the property “reverted” back to the “supposed Trustee” the very next day. IMPORTANT NOTE: the transcripts took 3 weeks to get back due to the court reporter “going on vacation” for 3 weeks beginning the day of our hearing (who leaves for a 3-week vacation on a Monday?). When we finally got the transcripts, they were grossly altered! Within that 3 week time frame, an attorney called us from a town less than a hour’s drive from the courthouse, and notified us that he was in the process of being retained by our first-named defendant. We did a bit of (legal) sleuthing, and found that his partner has the same last name as the judge. We looked into it further and found links between the judge and a real estate profiting situation (we suspect it to be similar to racketeering or money laundering). The weak link in this chain is the attorney who is now representing 3 of the 5 defendants in our case (MERS, US Bank, and Specialized Loan Servicing). Not long after the Sale of our home to US Bank, they filed a UD in a different court (same county, though), and represented by a different attorney (a Professor of Columbia Law School). We wondered why the “over-kill” and why not use the same attorney that they already had retained). All of this sounds too fishy and suspicious.

The bottom line is this: Would you be willing to take our case on a contingency basis because we know our case is most definitely “win-able”??? We would be most appreciative! We know that if this case is won, there would be more than enough to pay for the help you could give us. The problem is that we need HELP NOW or we may lose! If you could help us now, and track the pool our loan is in, plus help us to do what you outlined in the email you sent me, we would be able to win. All I can ask of you is to please consider helping us!

Please email me ASAP and I will give you my phone number so we can talk if you wish.

We thank you in advance for your consideration!

Sincerely,

~Ruth

Dear Carl,

I listened to the you tube recording and I was flabbergasted! I have been frequenting this site. I appreciate your response! My husband and I are unemployed at present (thus the reason for seeking a loan mod, which started this whole mess!)

We are Pro Se, but we have good advice (a former judge; an attorney who is a friend of my father; and a few other Pro Se-ers who have been in our shoes; a court clerk; a few bankers; and many others who wish to remain anonymous). We see that we could be getting in “over our heads” and time is of the essence. At this time, we have utilized all the cash we had on hand to get us this far, and now we have zero financial resources (on unemployment, food stamps…and soon to be on cash aid). Is there any way you could help us on a contingency basis? We have been told we have a very solid case, so winning would be easy….if we had help. I want to give you some details so that you can determine whether or not our case has a good chance of success. Please bear with me.

We paid CASH for our home in 2005 and owed nothing on our home. We decided to take out a “equity” loan in 2007 to make home improvements, pay off a few bills, and make an investment that would enable us to pay off the loan in a few years. We know now, but did not know then, that our loan was riddled with major flaws (including TILA, HOEPA, RESPA, not present at closing, no copy of allonge in its present form sent to us, to name a few). Little did we know that the investment we had made with some of the loan money would fall through and we would not be be able to “stay afloat”, and that our income would diminish to the point we would not be able to keep up on the loan payments! We heard about Obama’s “Making Home Affordable” Plan, so we contacted our loan servicer to apply for a loan mod. They told us they would not be able to help us unless we were in “default”. They said that any missed payments would not count as missed, but would be “deferred” payments calculated into the new loan/loan mod, so not to worry about the risk of foreclosure. We applied, and the long, drawn out loan mod process took more than 90 days (sufficient for them to collect the insurance). They then told us we were in serious default, and that if we did not pay all the missed payments plus all the late fees and other fees, they would have “no choice” but to start foreclosure proceedings. Of course, we could not come up with the almost $8k! We made payment arrangements to make 1 full mortgage payment toward the end of Jan 2010, and the rest would be due by the end of Feb. We made a payment in Jan, but on Feb 19, they filed a Notice of Default with the County. Mind you, they had not even filed a Assignment of DOT or a Sub. of Trustee yet! We made many phone calls trying to get an attorney to represent us Pro Bono or on a contingency basis, but to no avail. Finally, we got the Notice of Trustee’s Sale. Desperate, we filed both an Ex Parte application for a TRO AND a Complaint to try to stop the Trustee’s Sale. Our Ex Parte hearing was the very day before the Sale, but the judge denied it because (1) we were Pro Se, (2) he did not like a “word” we used in the complaint, and (3) he did not think we could post the ‘bond’ that would have been required for the TRO (we did not know we could have requested a waiver of the bond due to our income, or lack of “harm” to the Defendants). The judge denied us due process and did not allow us to state our reasons for the TRO. He was also rude and prejudiced. We left the courtroom and immediately requested the transcripts. Needless to say, the property “reverted” back to the “supposed Trustee” the very next day. IMPORTANT NOTE: the transcripts took 3 weeks to get back due to the court reporter “going on vacation” for 3 weeks beginning the day of our hearing (who leaves for a 3-week vacation on a Monday?). When we finally got the transcripts, they were grossly altered! Within that 3 week time frame, an attorney called us from a town less than a hour’s drive from the courthouse, and notified us that he was in the process of being retained by our first-named defendant. We did a bit of (legal) sleuthing, and found that his partner has the same last name as the judge. We looked into it further and found links between the judge and a real estate profiting situation (we suspect it to be similar to racketeering or money laundering). The weak link in this chain is the attorney who is now representing 3 of the 5 defendants in our case (MERS, US Bank, and Specialized Loan Servicing). Not long after the Sale of our home to US Bank, they filed a UD in a different court (same county, though), and represented by a different attorney (a Professor of Columbia Law School). We wondered why the “over-kill” and why not use the same attorney that they already had retained). All of this sounds too fishy and suspicious.

The bottom line is this: Would you be willing to take our case on a contingency basis because we know our case is most definitely “win-able”??? We would be most appreciative! We know that if this case is won, there would be more than enough to pay for the help you could give us. The problem is that we need HELP NOW or we may lose! If you could help us now, and track the pool our loan is in, plus help us to do what you outlined in the email you sent me, we would be able to win. All I can ask of you is to please consider helping us!

Please email me ASAP and I will give you my phone number so we can talk if you wish.

We thank you in advance for your consideration!

Sincerely,

~Ruth DeAmicis~

Ruth,
Force the issue of standing thru discovery. Acquire the original P.Note, allonge, name and contact information of the PNote Document Custodian. If the moving party bank has a SEC registration number after their name like Trustee for JP Morgan – and Certificate Holder HE1-0000, Search the loan pool thru the SEC registration to determine if the loan actually exist in the pool identified and registered with the SEC. Really press for discovery responses and then file a complaint with the regulator of the bank claiming everything you can think of including fraud, don’ forget the request for special investigation. Next get a copy of the regulators inquiry letter to the bank via FOIA request. Chances are the bank knows nothing about the foreclosure. The Pnote/debt may have been purchased by the law firm your fighting. When you finished playing with the banksters and thier lying lawers, send them a cancellation notice H8. Record it… Then get a payoff amount, record and then send them the new PNote. Give it the true new name that reflects the true transaction.. Are you not the Primary Lender?, is the bank not the Primary Borrower? Title….the Pomissory Note with you as the Primary Lender/Grantor and the bank as the Primary Borrower/Grantee. Read between the last lines – the new note will no longer say “Borrower’s Promise to Pay” Record the new note then send it to the bank. Next provide then bank with a ten day Notice of Intent to Discharge. On day 11 Discharge that puppy! Case closed.. Let them come back ang undo that! see ucc-601, 602, 603, 604.
Good luck.. Email me if you have any questions. See web site. http://www.ForeclosureForensics.com and listen to http://www.youtube.com Foreclosure Forensics

We are PRO SE PLAINTIFFS in our civil case, but also PRO SE DEFENDANTS in a Unlawful Detainer case with the same bank in each case! We have MERS as a defendant, and another bank (U.S. Bank National Association) other than the original lender (Quality Home Loans) has stepped into the “race” (per the Trustee’s sale) as you wisely put it, and is pretending to carry the (fake) baton to the finish line. They have filed an Unlawful Detainer (even though it has yet to be determined in our open civil case) to evict us from our home. A little birdie (an unwise attorney for 3 of our 5 defendants, MERS, US Bank, and Specialized Loan Servicing, that has called us several times to “ask questions” , but only succeeds in giving us “hints” as to their plans against us), has let on that US Bank, a defendant in our civil case and the plaintiff in the UD case, is going to be filing very soon Summary Judgments in EACH case! Since US Bank NA is not a real party in interest or is not a “secured creditor”, we need to prove they are incapable legally to bring a Motion for Summary Judgment in EITHER case!

HELP US! We need some help with this!

Sincerely,
~Ruth D.~
Kern County, California
Civil case filed 6-11-10
UD case filed 7-21-10