Hi don’t panic, those thieves are out in the open. Go file a bankruptcy and keep them away from your home. Then look up the laws on the banks fraudulent practices and sue them for violations

Shapiro & Swertfeger foreclosing attorney for Wells Fargo also signed the assignment as MERS vice president. I suppose this is legal in this foreclosure world when anything goes. foreclosure is scheduled for Jan 3, 2011.
Anyone have any Georgia foreclosure attorneys that can help me fight this?

I am looking for foreclosure fraud Georgia attorneys. I would appreciate if you could send some names to me. mariehyde@windstream.net

ForensicMortgageExamaminer, thank you for your comment. Since my case just began the day before the alleged foreclosre sale on October 5, 2010, I admit it has been difficult to read hundreds of pages of foreclosure fraud pleadings, law and articles. Still Learning.

Are you located in Metro-Atlanta; do you perform full mortgage and securitization audits?

There are currently three class actions against the bank in Georgia.

For McCalla Raymer and Prommis Solutions and their fraudulent transfers of deed by Assingment you can go to their Facebook page here: http://www.facebook.com/#!/pages/Georgia-Mortgage-Class-Action/100949759977147

There is one for folks who were in the midst of “modifications” and were foreclosed upon. The information, including which lawyers to contact is here: http://www.courthousenews.com/2010/12/09/32447.htm

There is one for those who were foreclosed upon with MERS being the foreclsing entity claiming to be the “secured creditor”. That link is here: http://www.scribd.com/doc/40033390/Dustin-Rollins-v-Mers-Class-Action-Suit

Linda, I work with the attorneys representing Ms Jenkins and you are wrong. There is no need to establish equitable tolling, the illegalities complained of occurred within the last six years, which is the period allowed for in the statute of limitations for written contracts in Georgia.

In addition, OCGA 9-3-23 provides a 20 year SOL for “instruments” under seal… which the assignments definitely are, since they uniformly say “In witness thereof, the Assignor has hereunto set its hand and seal this______” and they go further in saying “Signed sealed and delivered in the presence of” to which the notary then applies her own seal.

Therefore, no recitation of “equitable tolling” is needed. You’ve missed the entire point of the suit! The suit does not allege fraud in the inducement, it complains chiefly of fraudulent transfers and not of TILA violations.

This is the problem commonly found with Pro Se litigants, they know enough law to be dangerous, but not enough to be effective…

By the way, the attorney is Louise Hornsby and NOT “Wendy Jenkins”, Wendy is one of the lead plaintiffs.

sign were? were do i go to sign up ,,old man wanted to save my home,and not computer savvy—

My daughter and 5 sons live in the house they attempted foreclosure on in October. However, I live in Fayetteville as well, and have a home in Stone Mountain, which I rented when I moved here. Though neither is in default or foreclosure, I plan to cease payments and send the RESPA/TILA information requests, followed-up with a lawsuit, as soon as I get time and the current case is under control. They were both refinances transferred to EMC some years ago, and I am confident I can use the same Complaint.

After reading approximately several hundred complaints, motions, orders, decisions, and opinions, many of the complaints filed by attorneys, I am confident that homeowners can win pro se. The entire scheme has been exposed; most judges and attorney’s are well aware of the fraud now. All the law, rules, information, research, pleadings, etc., can be found easily on the internet. Let’s work together and WIN.

Has anyone read these articles:

http://www.rollingstone.com/politics/news/matt-taibbi-courts-helping-banks-screw-over-homeowners-20101110?page=1

http://www.amvona.com/blog/economics/20-tattoos-pyramid-schemes-and-social-justice.html

I added the foreclosing firm McCurdy, as well as their assigned attorney, as Defendants in my Amended Verified Complaint in the USDC law suit, which they are also representing Lendia, ALLY/GMAC and MERS in that same case

They assigned the dispossessory to O’Kelly & Sorohan to represent ALLY/GMAC solely as interested party in the dispossessory. O’Kelly and the assigned attorney are also Defendants in the law suit. However, at a hearing in the Magistrate court O’Kelly’s attorney spent 2.5 hours with me in the lobby calling ALLY/GMAC requesting the original note and deed, which we all know they do not have and all pertinent documentation evidencing that I am in default, which they cannot do. I charged him to his face, as with all attorney’s, none every conduct due diligence and are committing fraud on homeowners, with no evidence that their clients are who they say they are, and no proof of delinquency, let along default.

This attorney was speechless when he saw just a sample of fraud in GMAC Official Site Transaction History Exhibits to my USDC Amended Complaint.

The key is that no one except us, the homeowners, have title and beneficial interest in our homes, as MERS never had any to pledge, transfer, hypothecate or assign. That is the major fraud on us, we never owed anyone any debt as neither the lender, MERS nor the servicer have ever been a party in interest, all of the closing documents were fraudulent.

I also have many, many violations of all applicable federal and state statues, codes, regulations and rules, including Constitutional Rights, Civil Rights, Identity Theft, all the Common Law Frauds, USC Code, UCC Code, Georgia Code, Federal Trade Commission, Mail Fraud, Wire Fraud, RICO, Forgery, 33 Act, all Acts relating to mortgage loans and credit, such RESPA, Reg X, TILA, Reg Z, HOEPA, Georgia Fair Lending Act 2002, and other. I have gathered many documents exhibits and have lots of evidence of the conspiracy.

I am just wondering if there are any pro se plaintiff’s who are working together on their cases. I have done sooooooo much research and I am confident that we can all win. The judge ordered me to be more specific in the violations of each individual Defendant, and asked that I not use the term Ponzi or Pyramid, I assume he does not know that Georgia has law relating to Pyramid Schemes. He has ordered me to submit a Second Amended Complaint.

I want the Complaint to be so strong that the Defendants have not choice; and will be forced to settle, with no further litigation, as they have no defense. I have 13 named defendants, including closing, foreclosure and dispossessory attorneys, appraiser, title company, 2 additional servicers, as there is also a HELOC which has had ALLY/GMAC and 2 alleged transfers.

At this point I would love to file a Lis Pendens and short initial complaint for hundreds of homeowners to stop their foreclosures (they have 21 days to file and Amended Complaint), but I just need help to get this full-proof Complaint prepared, then everyone can use it, and just tailor it to their personal situation. I believe that 99% of my claims apply to all loans, including all those not in foreclosure. It’s not just produce the note, it is all manner of mass fraud committed against us, and the Conspirator Investors, in any and all alleged debt that has been securitized since the scheme was created over a decade ago.

I have no problem with the attorney’s or the judges, my problem is time constraints with sooooooooo many violations and causes of action and sooooooo much research and law to read. I have all the research and law compiled and in the complaint, I need help in condensing and organization.

I have not done a mortgage audit to obtain all the securitization documents and accounting ledgers, relating to my loans, but I am aware of all of them and will request them in discovery, if it get’s that far. I will be attaching my Request for Production of Documents, Interrogatories and Request for Admissions to the Defendants service of the next Complaint I file, and I will be subpoenaing all Discovery.

I have a great plan; I just need help. You may contact me at perwinkle6378@hotmail.com

I agree with everything you said, and I wish you the best of luck. Most attorneys and judges involved in foreclosures here in Georgia, indeed, seem to be clueless.

As far as McCalla Raymer is concerned, their managing partner of foreclosures and title is named Adam Silver. The McCalla Raymer website reports that he has an appointment to the Georgia State Attorney General’s office. I wonder if the GA State AG’s office has Mr. Silver in charge of investigating the fraudulent practices of foreclosure mills in Georgia……

Wouldn’t that be special?

http://www.mccallaraymer.com/index.php?option=com_alphacontent&ordering=0&letter=S&Itemid=88