H. Res. 344 – A Temporary Moratorium on Residential Mortgage Foreclosures
Well, it’s about time…
Rep. Marcy Kaptur (D-Ohio) introduced a House resolution that would establish a temporary national foreclosure moratorium.
Kaptur submitted H.R. 344 to the House Financial Services Committee on July 8, which called on President Obama to declare “a national residential mortgage foreclosure emergency” and encouraged individual states to enact the moratorium.
The committee is likely to reject the resolution. In previous committee hearings, members from both side of the aisle voiced concern over delays in the foreclosure process and impatience with problems in mortgage servicing that has slowed a housing recovery.
Let’s check out the bill…
H.RES.344
Latest Title: Expressing the sense of the House of Representatives that the States should enact a temporary moratorium on residential mortgage foreclosures.
Sponsor: Rep Kaptur, Marcy [OH-9] (introduced 7/8/2011) Cosponsors (None)
Latest Major Action: 7/8/2011 Referred to House committee. Status: Referred to the House Committee on Financial Services.
| All Information (except text) | Text of Legislation | Summary | Major Congressional Actions
All Congressional Actions with Amendments |
| Titles | Cosponsors (None) | Committees | |
| Related Bills | Amendments | Related Committee Documents | |
| CBO Cost Estimates | Subjects |
Text of Legislation
H.RES.344 — Expressing the sense of the House of Representatives that the States should enact a temporary moratorium on residential mortgage foreclosures. (Introduced in House – IH)
HRES 344 IH
112th CONGRESS 1st Session H. RES. 344
Expressing the sense of the House of Representatives that the States should enact a temporary moratorium on residential mortgage foreclosures.
IN THE HO– USE OF REPRESENTATIVES
July 8, 2011
Ms. KAPTUR submitted the following resolution; which was referred to the Committee on Financial Services
RESOLUTION
Expressing the sense of the House of Representatives that the States should enact a temporary moratorium on residential mortgage foreclosures.
Whereas there are nearly 6,900,000 fewer jobs in the United States economy since the start of the recession;
Whereas, in April 2011, the unemployment rate remains at 9.0 percent, nearly double the unemployment rate of the pre-recession economy;
Whereas the Director of the Congressional Budget Office testified as follows in a Senate hearing on January 28, 2009: `Challenging conditions seem likely to persist for some time in the housing and mortgage markets as well. Housing sales remain weak, and construction activity continues to decline. With the housing market’s large glut of vacant properties, the prices of homes are likely to fall considerably further, pushing the value of more borrowers’ homes below the value of their outstanding mortgages. As more of those `underwater’ borrowers experience losses of income during the current recession, rates of delinquency and foreclosure on residential mortgage loans are likely to rise further.’;
Whereas the current economic situation began to unfold some time ago and, in fact, the Federal Reserve System first began to supply additional liquidity to credit markets in August 2007, as pressures from losses on mortgage-related assets unexpectedly began to mount;
Whereas many economists today believe that to avoid relapsing into another devastating financial crisis, a key component is the Nation’s housing markets and providing necessary changes for our Nation’s financial markets;
Whereas the intent of the Troubled Assets Relief Program of the Department of the Treasury, established by the Emergency Economic Stabilization Act of 2008 (Public Law 110-343), was to, in large portion, purchase troubled assets, including securitized mortgages, and to enable banks and other lenders engaged in the mortgage market to engage in mortgage modifications, loan workouts, and other processes designed to stem off the ever-rising tide of foreclosures, and that has not happened to the level necessary to stem the tide of foreclosures and it continues;
Whereas there were nearly 219,000 new foreclosures in April 2011, which is 7,300 homes per day;
Whereas it is projected by housing market experts that there are approximately 11,000,000 homes in the Nation which are underwater or in foreclosure;
Whereas the United States finds its housing market in a precarious and unstable state, where homeowners’ mortgage balances are routinely larger than the current value of their homes and where people are losing their homes at an alarming rate;
Whereas during the Great Depression, the State of Minnesota declared an economic emergency, and enacted a law granting relief in certain cases, `for inequitable foreclosure of mortgages on real estate and execution sales and for postponing certain others’ (Chapter 339, Laws of Minnesota, 1933, page 514);
Whereas the Minnesota statute included provisions that postponed foreclosure sales or extended mortgage redemption, as well as taking actions relating to the jurisdiction of such activities, and the Minnesota statute established a hard and fast deadline of when such relief would end, making the Act temporary in nature;
Whereas this law was challenged in the case Home Building & Loan Association v. Blaisdell, which was argued before the United States Supreme Court in 1933, with the Court ruling in 1934 in favor of the Minnesota law;
Whereas there are clear challenges to implementing a nationwide moratorium on mortgage foreclosures, yet this case tells us that the States can take action using the police power of the State; and
Whereas, in this time of instability and uncertainty, with unemployment at 9.0 percent for April 2011, a global financial system still reeling from the effects of the recession, a volatile housing market, and our Nation’s citizens struggling to balance essential needs of housing, work, and nutrition, it is time that the Nation, through the action of the President of the United States, declare a national foreclosure emergency and State-by-State seek to end the foreclosure crisis: Now, therefore, be it
- Resolved, That it is the sense of the House of Representatives that–
-
- (1) the President of the United States should declare a national residential mortgage foreclosure emergency and, through such declaration, encourage the States, by use of their police power, to enact a moratorium on residential mortgage foreclosures similar to the moratorium enacted by the State of Minnesota in 1933 and upheld by the Supreme Court of the United States in Home Building & Loan Association v. Blaisdell (290 U.S. 398 (1934)); and
-
- (2) the States should exercise such power and enact such a moratorium.
~
Yes. As we have discussed on the past two 4th of July’s, the Minnesota case upheld by the Supreme Court of the United States in Home Building & Loan Association v. Blaisdell.
If you have not read the case, I suggest you do at the link below…
Independance Day | What Can Be Done and What Has Been Done RE: A State Wide Moratorium on Foreclosures
Posted by 4closureFraud on July 1, 2011 · 67 Comments
What Can Be Done and What Has Been Done RE: A State Wide Moratorium on Foreclosures (Originally posted July 3, 2010) As I sit here on this 4th of July weekend to write this article and reflect on what is happening in this once great nation, it saddens me that it has gotten this bad… … Read more
Now is the time to get involved and call your representatives. This is going to be a huge uphill battle to get this passed but maybe if enough of us do our part it might have a chance.
One of the reasons this most likely will die before it even gets off the ground is because it has to make it past the House Financial Services Committee which is chaired by professed banking shill Spencer Bachus (R-AL) (YES ALABAMA AGAIN).
From an earlier report on Bachus…
“Washington’s Role Is To Serve The Banks” Says Spencer Bachus Incoming House Banking Committee Chairman
Rep. Spencer Bachus (R-AL) will become chairman of the House Financial Services Committee in the 112th Congress. Bachus, in an interview Wednesday night, said he brings a “main street” perspective to the committee, as opposed to Wall Street.
- “In Washington, the view is that the banks are to be regulated, and my view is that Washington and the regulators are there to serve the banks.”
Now, to all you fear mongers that say the world will blow up if there is a moratorium all I have to say to you is STFU.
The reality is the housing market won’t recover by pushing the fraudclosures though.
The only way the market will recover is when the frauds and the crimes that were enacted on millions of Americans by the financial industry’s PONZI Scheme are dealt with and prosecuted.
Until the perpetrators of this massive crime are dealt with, there will be no recovery…
So, be sure to call, email, write, fax and visit all the representatives on the House Financial Services Committee, along with your state reps as well, to push this bill through.
Committee Members
I want to see a lot of activity on this one all so get to work…
~
I am the victum of preditory mod loan practices ,i was told to not make payments as it would interfer with the modification process .I was told i needed to be at least 3 months behind for the same reasons .I was told to ignore all preditory phone calls.or the bank couldnt help . ALL were lies intended to defraud me of my home for proffit. bofa cancelled my taxes and insurance and refused to reinstate the insusance,instead placeing there own at a higher rate ,i learned of this from my insurance broker. I WAS RUN FROM CALL CENTER TO CALL CENTER . THIS IS GOING ON FOR OVER 2 YEARS they hav derauded me lied to me signed my name to forged documents .these are clear violations of the patriot act ,the rico act for racaterring
roy blake: Read the post at right under the heading Foreclosure Fraud Resources: ” I am an attorney so I decided to sue my lender” this post explains why the UCC Code is a homeowners’s best friend……
Invest in Gold,Silver and Lead and a garden.
Now the icing on the cake. Just a day after I posted my last “comment”, Bank of America sends me a letter saying I owe $133,000 on a Condo that has been ‘sold” thru a “Trustee Sale”, and then in turn “sold” to another party. The default action is that if I don’t send a letter of dispute, they will consider the “debt” valid. If ANYONE can help me with this one I will be extremely thankful. This “stuff” has GOT to stop!!!! I WILL send a letter disputing the debt. I may have to hire at least a paralegal. Can you sue for mental and emotional duress? I have lost my mind more than twice! I can’t write a letter myself ’cause all I want to do is scream and swear. It still wouldn’t relieve the anguish and hatred I have for thsi “Institution”!
You need at least a paralegal to help you write a letter of refutation.
And then you need to start working on getting a good mortgage lawyer,
even it takes a few years to reach that goal.
You might also consider writing a letter to your state attorney general
filing a complaint against the bank in committing fraud against you.
Be sure you’ve got all your paper work in order, as that office might want
a copy of all your documents.
These moron banksters are plain desperate. They don’t want to pay for their MORTGAGE FRAUD PONZI SCHEME out of the money they have stolen from us and they hid overseas so they are continuing to rob the people because their books are cooked, there is nothing in the vault but cocaine and cobwebs and they are insolvent. When they ever realize WE THE PEOPLE refuse to pay for our own robbery anymore the beast will die.. The fake mortgage debt they created is unsustainable. I would sue all of the bastards involved. .
Go to the .gov website for your state and find the statute for disputing the debt. You might find it under The Fair Debt Collection Pratices Act.
In most states you have 30 days to dispute the debt. I wrote similar letters for my state; I can give you one that is editable in Word or Open Office. You plug in your own info in the highlighted areas, (delete the copy that’s already there) print and mail. Be sure to mail it certified, return receipt requested and record the date that they received it. Your receipt has a number to track when it was delivered.
I always keep file copies and staple the receipt to it. I’ve had to introduce these in court. I don’t think you need a paralegal. email if you want to use the one I used. (jamaclaypod@yahoo.com)
I certainly share your pain. I envision bombs dropping on the banks in a little mental game I play called “bowling for bankers.” In my mind I can see screaming, crying bankers running with their Armani suits ablaze. They cry they’re sorry they f****ed with us. Fun, watching them beg for a change.
I think somebody should develop this into a video game, so we can really enjoy ourselves.
BTW, you can add some profanity to the template if you like!
p.s.: I seriously doubt Mortgage Backed Securities will be around after a year or two. Most of the defrauded investors are suing for their money back. MBS has a tainted connotation, now. It will crush their ability to raise unlimited capital
What this bill will do is kill the big banks, and that is exactly what this country needs. Small local banks will get the boost they need, and this “credit crazy” nation will begin to remember when we PAID CASH for stuff or did without it until we could afford it. I’d like to see credit reporting agencies run out of business too. Who gave them the right to sell our information for millions of dollars? The banks use credit reporting agencies, who operate outside of the law like the Federal Reserve, to punish borrowers and limit their ability to refinance.
The game was rigged, but we’re gonna level the playing field by putting the banksters IN JAIL.
Have been paying cash since ’86 (aft divorce – cut up cc’s aft 2 1/2 yrs paying off all accts on a $5/hr clerical salary.) Sure it’s been tough, esp when the van needs work & not enough to cover it, but I just save, save, save, etc. At least everything I own is paid for. The only downside is trying to rent a car if I travel (most rental co’s don’t take debit-type cards) and the fact that if someone does get hold of my debt passwd my chkg acct is toast. Otherwise, I don’t miss them at all. Our earth can’t sustain unbridled consumerism in any event – it’s like a cancer…it keeps growing until it destroys its host…and ultimately, itself. Buy less, spend less, save more (use credit unions). Old fashioned? You bet – and that’s exactly more of what we need right now. It’s the best way, short of actual jail time, I can think of to tell the banksters & corp amerika to go f**k themselves.
I see Walmart is bringing back ‘layaway’…remember that? All stores should offer that as another option.
As far as anyone going to jail, good luck w/ that – look who basically put the present & prev admin in the WH.! Unless we ALL take to the streets I don’t see that happening. Most of us (self incl) are too busy trying to stay alive working (those of us blessed to still have jobs…)
Just found out my ’08 mod from Ocwen has MERS all over it and likely robo-signed to boot. Sent out last week to an atty to check over. No word yet. Sent complaint/ inquiry to IL AG – got polite acknowledgment but no other word yet.
There is enough blame to go around for this mess we’re in, but a 1 year repreive on all forclosures is NOT the answer. It will result in less investors buying mortgage-backed securities because they won’t be able to foreclose on loans from here on out but wrose of all are the millions of upside homeowners right now, that will just stop making payments so they can live rent /mortgage free for probably 18 months -2 years because they will know the lender can’t foreclose. What is the scariest of all? That a person in the Finance sub-committe came up with this outragious idea, someoen whoe should know better. If this passes we will see delingqncies soar and the mortgage market dry-up fro funding, prices drop furtehr and then even more people will be upside down and they will stop paying and on it goes. Think about this very REAL scenario. A person can put 3.5% down on a home, with a 620 credit score (FHA) Not make even the first payment and it will take 4 months to record the notice of default and another yeat to complete it if FHA proceeds as fast as this new law allows (now it has been 14 months of no payments). They never foreclose that fast so figer at lease another 6 months to foreclose. So now we are approaching 2 years of rent / mortgage free living.
If this bill passes will WILL see mortgage rates soar as well as delinquencies increase. Stupid idea from a bunch of idiots on Capitol Hill……..vote them oute NOW!!!
Which bank do you work for?
What you can’t seem to grasp is that EVERYONE is already affected by the unbridled greed the banks displayed. They have CLOUDED EVERYONE’S TITLE! The best way for us to take charge of this awful situation is to STOP paying them for HO– USES THEY DON’T OWN.
Have you thought about what’s going to happen when you finally pay it off? Another company will come after you and say YOU OWE THEM. You will never be able to sell your home, because no company will insure the title.
You are still operating under the old axiom that “deadbeats” stop paying and responsible people don’t.
But that no longer applies. Aside from the obvious contractual right to default we all have as borrowers,
It may no longer make sense to pay $150,000 for a house that is actually worth $75,000. Do you think the big banks are paying when THEY’RE UNDER WATER? They don’t want you to find out about that fact. They stopped making payments on a number of properties that the LTV dropped too low on. So, I guess you think it’s okay for them to default on logical grounds, but not us? That’s odd thinking, and very “pro bank”.
They think they’ve stacked the deck so skillfully in their favor, but the truth is they should be made to lie in the bed they made for themselves! It is only right that they not be able to foreclose, and the homeowners should be given the moratorium on no other grounds than that the banks jerked us all around and refused to modify the loans after they took Tarp money to do so. When is someone going to make THEM accountable for all the fraud, usury, theft and adverse posessions they’ve committed?
The banks are taking your money, like they took your equity, and then they want the house, too. If they owned the homes, it would be different. I’m not letting them steal what they don’t own.
Stopping all foreclosures is a bad idea. Just ask someone who lives next door to an abandoned house. This will contribute to neighborhood blight. If the borrower isn’t making their payment, who will pay the real estate taxes?
FORECLOSURES ARE THE CA– USE OF NEIGHBORHOOD BLIGHT., YOU JUST CONTRADICTED YOURSELF.THE BANKS AREN’T PAYING THE TAXES EITHER AFTER FORECLOSING THEY ARE WALKING AWAY AND LEAVING THE HOMES ABANDONED. IN CHICAGO THEY CAN’T EVEN FIND OUT WHO OWNS THESE LOANS TO THE ABONDONED HOMES SO THEY ARE BULLDOZING THEM. THIS IS ALL THE RESULT OF RAMPANT MORTGAGE FRAUD IN MORTGAGE INDUSTRY. STOP BLAMING THE VICTIMS OF THE BIGGEST PONZI SCHEME SWINDLE AND HEIST IN HISTORY. THIS WAS THE BIGGEST TRANSFER OF WEALTH FROM MAINSTREET TO THE ELITE VIA WALL STREET IN HISTORY. THIS IS NOT THE PEOPLES FAULT IF THEY CAN’T PAY THE MORTGAGE AND THE TAXES. WE THE PEOPLE WERE ROBBED OF EVERYTHING INCLUDING OUR JOBS WITH NAFTA. GET REAL..
Looks like the trolls have rolled in again.
I am so sick of these troll NWO bank bitches lying. The truth is out. Nobody believes you. It is too late.
And what about those (like myself) who have already lost their homes to foreclosure, and B of A changing it’s Accounts received to Bank of America N.A. from BAC Home Loans, and still being harrassed for the amount due on the “Loan”? I think someone should take action to forcibly remove “America” from B of A’s “Logo”? I know it’s bad for the overall economy; but the Constitution provides the right to make a profit, not to steal. If any one of us used as many “Aliasses” as B of A has used as a means of extortion, we would be in prison.
BANK OF AMERICA IS A FOREIGN OWNED AND OPERATED MULTINATIONAL BANK, A/K/A BANK OF ITALY…CHASE IS ALSO A FOREIGN OWNED MULTINATIONAL.. CNBC SAID THE BANKS SHOULD NOW BE GSE’s BECA– USE OF THE BAILOUTS. WE DON’T NEED ANYMORE FOREIGN OWNED AND OPERATED GSE’S THAT ARE PRIVATELY OWNED BUT PRETEND THEY ARE GOVERNMENT OWNED OR INSTITUTIONS POSING AS AMERICAN INSTITUTIONS. THAT IS WHAT GOT US ALL INTO THIS MESS IN THE FIRST PLACE. WE WERE ALL TOO TRUSTING. NO PRIVATELY OWNED ENTERPRISE SHOULD EVER BE ALSO GOVERNMENT OWNED. THAT IS AN UNCONSTITUTIONAL AND ILLEGAL CONFLICT OF INTEREST AND THE AMERICAN PEOPLE SHOULD HAVE NEVER BEEN FORCED TO BAIL THOSE FOREIGNERS OUT. WE BAILED OUT THE NEW WORLD ORDER, OUR ENEMY. THE HATERS OF OUR FREEDOM AND OUR NATIONAL SOVEREIGNTY. WE BAILED THEM OUT AFTER THEY SET US UP TO FAIL, ROBBED US BLIND IN THEIR MORTGAGE FRAUD PONZI SCHEME THEY HANDED US THE BILL FOR OUR OWN ROBBERY. WHERE IS THE OUTRAGE AMERICA!!!!,STOP PAYING THE FOREIGN TYRANNY WHO ROBBED YOU OF EVERYTHING AND THEY STILL ARE.
WOW!!! Ivent. What is Qe3 in layman terms?
THE FED IS BASICALLY FEEDING THE BANKS CHEAP MONEY TO INVEST WITH AND MAKE MONEY OFF OF. HE IS RECAPITIALIZING THE BANKS AND WALL STREET AT OUR EXPENSE. HE IS BASICALLY GIVING THE CROOKS WHO ROBBED US THE OPPORTUNITY TO MAKE UP LOSSES WHILE DRIVING UP INFLATION (THE PRICES OF FOOD, GAS AND UTITLITIES) AND DEVALUATING THE DOLLAR. HE IS GIVING THE SPECULATORS. CHEAP MONEY TO DRIVE UP THE PRICES OF COMMODITIES AND THE DOLLAR IS LOSING BUYING POWER. AS IT IS, WE ARE WEAKER BECA– USE OF QE1 AND2 IT TAKES 2 DOLLARS TO MAKE 1 DOLLAR. THAT IS WHY THE PRICES OF EVERYTHING HAVE IN MOST CASES DOUBLED. IF BERNANKE KEEPS IT UP IT WILL TAKE A WHEELBARROW FULL OF MONEY TO BUY A LOAF OF BREAD. THIS IS WHAT THEY ARE DOING TO US.. THEY ARE SLOWLY TURNING AMERICA INTO WEIMAR GERMANY. OR ZIMBABWE. IT IS CALLED KEYENESIAN ECONOMICS AND IT MAKES ALL OF US POOR AND THE PONZI SCHEMERS WHO ROB US DAILY, ALL RICHER.
GEITHNER IS ALREADY SAYING IN NOVEMBER 2012, JUST IN TIME FOR ELECTIONS, WE ARE GOING TO BE ALOT WORSE OFF ECONOMICALLY THAN WE ARE TODAY. THIS IS BECA– USE NONE OF THE CRIMINALS HAVE BEEN FORCED TO PAY MONETARY COMPENSATION. THE CRIMINAL MORTGAGE INDUSTRY ARE EATING LOSSES AND PASSING THOSE LOSSES ONTO THE CONSUMER, YOU AND ME. THE FED KEEPS FEEDING THE BEAST THAT ROBBED US AND THE FED IS FORCING US TO PAY FOR OUR OWN ROBBERY WITH A VERY SNEAKY AUSTERITY MEASURE A/K/A QUANTITATIVE EASING.
BLOOMBERG HEADLINE: FANNIE MAE CONSENSUS ABSENT AS MORTGAGE BILL MOVES TO THE HO– USE……………
http://www.bloomberg.com/news/2011-07-12/fannie-mae-consensus-absent-as-mortgage-bills-move-in-u-s-house
I agree with these opinions. I don’t agree with endless bitching without actions to accompany it. WHAT DO YOU PROPOSE WE DO?
Organization and Unity are required. Marches? Where do we get the money to travel to DC? We have to get every city on it’s hind legs, and we have to actively participate in the overthrow of our government, which has become the instrument of the evil. We did this very thing a couple hundred years ago, and I say we DO IT AGAIN, not just talk about doing it. Shall I draft a petition? Tell me what you want to say and I’ll write it in succinct language that’s to the point. NAME THE CORRUPT and let’s list them on our petition, so voters know who to impeach, disbar, remove, and evict from office. WE HAVE ALL THE POWER WE NEED IN OUR VERY NUMBERS. Unify and form a collective force to be rulers of destiny.
THANKS TO THIS WEBSITE FOR GIVING US A FORUM TO CALL OUT THEY TYRANNY.. THE GOVERNMENT IS ON HERE EVERYDAY READING WHAT WE ARE SAYING. ENDLESS BITCHING IS THE ONLY THING THAT HAS WORKED THUS FAR. PEOPLE ARE FUCKING BROKE. WE DON’T HAVE MONEY TO MAKE A TRIP TO WASHINGTON.
Dennis Jankowski, They already did that when they socialized the debt they created in the ILLEGAL TAX PAYER FUNDED BAILOUTS THEY SHOVED DOWN OUR THROATS….THE INTENTIONAL FINANCIAL COLLAPSE (SEE YOU TUBE VIDEO, CNBC ILLUMINATI CRASHES STOCK MARKET). THAT IS WHEN THEY ROBBED OUR WEALTH, PRIVATIZED IT IN OVERSEAS BANKSTER ACCOUNTS AND THEN HANDED THE AMERICAN PEOPLE THE BILL FOR OUR OWN ROBBERY……DIDN’T OBAMA SAY, HE BELIEVES IN SPREADING THE WEALTH AROUND?????????… YEAH, IN LAYMANS TERMS THAT WOULD BE ROBBING MAINSTREET VIA WALL STREET TO THE ELITE.. THE FEDERAL RESERVE AND WALL STREET ARE CONTINUING THE ROBBERY OF OUR FREEDOM EVERY DAY.
AND WHAT THEY DID WAS FORCED SOCIALISM,.ETERNAL DEBT SLAVERY….
DID YOU SEE THE COVER OF TIME AFTER THE OBAMA HEALTHCARE BILL PASSED CONgress? IT SAID WE ARE ALL SOCIALIST NOW…ARE YOU EVEN AWARE OF WHAT THEY DID??????????I HOPE YOU ARE NOT THAT NAIVE.
….and replace it with what form of government? Socialism?
We don’t need marches, or petitions. Action is called for. Start finding the resources online and off line to investigate on our own into the crime/s going on in the financial/mortgage/real estate areas.
Learn how to expose those who are involved. Take Bondi for example, dig up all the information that
is out there and see if she’s got conflict of interest in causing these two lawyers to resign or be fired.
Where there is smoke there is fire Someone posted a good idea, if she has a mortgage how did she pay it while not working.
As always, follow the money.
What is being witnessed is the can is being kicked down the road for someone else
to have to pick up, and find the problem is still there only much worse.
We’re dealing with a huge mass of people who are moral cowards, they cannot face the consequences we’re all going to have to pay now or later.
Later means the interest will be much higher in the price.
The broken title histories are not being made whole with this avoidance. It just means more
innocent people will be involved in the fraud when they discover the homes they’ve bought are
not theirs and never will be. It means more uprooting and upheaval for more families.
A house built on quicksand will never stand, and this is what the whole scheme of things is
turning out to be.
Take your money out of the big banks and tell your family and friends to do the same. Put it in small community banks or buy silver and gold.
QNY81, I concur with that !
Although it may seem minor, HR 344 is not the same as H. Res. 344. I just spoke with Representative Kaptur’s office, and the proper way to identify this particular resolution is H. Res. 344, definitely not HR 344.
My concern is that there WAS an HR 344 earlier in the year, which was sponsored by Randy Neugebauer (R-TX). I am not familiar with the particulars of HR344, but it would not have been homeowner-friendly if it had been sponsored by Neugebauer–it would have been bank-friendly.
So–to cut down on any potential confusion–remember: H. Res. 344, NOT HR 344.
(btw, when I called into Representative Kaptur’s office, and referenced “HR344”–the assistant told me that Representative Kaptur was not sponsoring it. It was only when I re-phrased the question with “H. Res. 344 was the assistant able to locate it and confirm that Rep. Kaptur, was indeed sponsoring it.)
Washington States Attorney Genersl is in the pockets of Wells Fargo. Bank of America etc,. etc. and other contribitors. Maybe others are also
I just got back from court. I was 15 min. late, due to detours. The atty for U.S. Bank National Trust as Trustee for RASC 2006KS2 was there, and the Judge ruled on the foreclosure of our home, without me being able to submit the Motion to Compel and Affidavit to defend my case. I now have six months until the Sheriffs sale. Mers is involved, the exhibits submitted on behalf of the Plaintiff were illegal, and now what to do. Fraud is alive and well, and unless our local judges start to look closely at the documents presented by the robo signer attys, what hope do we the people have?
If you are pro-se, petition or motion for a temporary restraining order, or an injuction to bar the sale. You have a huge case for fraud and punitive damages, since they committed fraud on the court. I would file a civil action against them right away, and ask for three times the face value of the loan.
Make sure your pleadings state the cause of action, supported by the pertinent laws in your state and those in Uniform Commercial Code, and ask for equitable relief.
If the Rats motion to dismiss, you can answer with the ascertion that you have proof they committed fraud, which you do. I’m going through something very similar.
If you haven’t filed bankruptcy, file chapter 13, which shifts the burden of proof to them (they’ll have to show that they own a perfected chain of title) and it buys you time while it protects your home from seizure. Once they file a motion for relief of stay, counter claim with an Adversarial Motion, then you have them! Once you demand that they prove standing to foreclose (which you know they legally can’t) they might even withdraw their foreclosure action.
just saying this should not be happening to us we are homeowners with families we should not be proving fraud on our home. when you start to mod they act like all ducks are in a row. as time goes on and you efile is moved, your paper work is always lost, then the winner they give you false information to get your house in.esence they told us to break our contract with the unknown lender/investor (the servicer sold the loan and were already paid) it is quite sad that no one has recued us yet. we need to scream louder
Lisa, did you listen to the SECURITIZATION PODCAST FROM SATURDAY???? The loans are not secure debts and never were since the ORIGINATION FRAUD…. these servicers/banksters have no claim to the MORTGAGE and no standing to FORECLOSE. They don’t own the mortgage loans in the first place AND WERE NEVER ASSIGNED AS SUCH., In the podcast the attorney said, if you lose in foreclosure court you may file a motion to reconsider to signal to that judge this is going up on appeal and you use that as the opportunity to perfect the record and that is the way you prepare the record for appeal.
More than likely, your lender or bank caused an illegal assignment on your mortgage note from the inception of the loan. See what is recorded at the Recorder of Deeds on your property. If nothing is recorded showing a transfer of your note from the original lender, to who now has it , then there are title problems. If they caused a defect in the title they have no legal right to take your home.
Bad advice. How about making the payments that were agreed to when signing the debt obligation? If the gov can arbitraily void contractual obligations that otherwise meet all the standards of the statutes, then what is to prevent them from arbitraily voiding any pension you might have, declaring your savings or 401K plans void, etc. This would be the collapse of our econominc system and make lending a thing of the past. What bank would EVER lend money if the obligation can be voided later?
DENNIS JANKOWSKI, WHAT PERSON WOULD TAKE OUT A LOAN KNOWING THAT YOU WERE BEING PACKAGED UP WITH TOO MANY BAD LOANS AND YOUR GOOD LOAN WOULD FAIL WHEN ALL OF THE BAD LOANS THE ‘LENDER’ INTENTIONALLY CREATED FAILED???? THEY CREATED TOO MUCH RISK AND IT WAS INTENTIONAL. THEY SET US UP TO FAIL. SORRY, THE PEOPLE DID NOTHING WRONG. THE PEOPLE DID NOT CREATE AND GIVE OUT THEIR OWN BAD LOANS. AND DON’T EVEN TRY TO SAY THE PEOPLE LIED, BECA– USE THAT IS THE LENDERS JOB TO CHECK THE FACTS….WHAT HAPPENED TO YOU, ARE THE FRAUDSTERS THREATENING TO LAY YOU OFF. DON’T TRY IT HERE. WE KNOW THE TRUTH AT THIS WEBSITE AND WE ARE SPREADING IT AND WE ARE GOING TO SAVE MILLIONS FROM LOSING THEIR HOMES IN ILLEGALL FRAUDCLOSURE.
Appeal Appeal Appeal!!!!!!!! Google Professor William K. Black. Did you know he was asked by the White House what his opinions were and then never heard from them again. He is a law and economics, he also helped put over 1,000 Banksters in jail over the last savings and loan debacle. There are many videos and articles on this website. Iam so sick of this deadbeat shit, if one person says it to me or around me I just might go insane and kick the shit out of them. We bought our house through the VA with 50k down! I’m sure you can find templates to work with just keep coming back to this site. Good Lucl, my prayers are with you any all who are enduring ponzi scheme. I for one will not be voting for anyone who does not address this situation and give the people back what they deserve and more. And shame on the lawyers who are charging so much $ up front, shame, shame, shame!!!!
Right on Jason!!! It’s all out in plain sight now. They need to STOP BULLYING the ‘little guy’ with their elitist clout and FIX this GREAT NATION before it completely morphs into the kind of 3rd World Banana Republic where criminality and deceit reign as standard fare. Can’t they stop themselves? Will they DO their OATHS to preserve and protect, or do they want a full-blown insurrection, a revolution, a coups? Who ever would have expected these words to have been spoken about America?
Globalization has infiltrated and taken root with a ‘let-me-show-you-how-we-do-it’ in the 3rd world. Do they want us to take up arms and storm the Capital? The mere suggestion is bizarre.
The ‘little guys’ got your number thanks only to the relentless efforts of a few true Patriots in government and the avant-garde press who refuse to let go of what they see happening here. (Mainstream media sees what’s happening but doesn’t want to get any on them.) This is as bad as Sadam Hussein clothing the infirm and the elderly in uniforms of the homeland and putting them on the front lines of battle. Whole lives, futures are simply being euthanized here. States failing? Pensions simply gone?
This is My Country. Don’t just sing the words. Cut the crap and do the deal to get it back on its feet. NOW.
thank you well said please write them all we need to get this passed
I just emailed Bill Posey, rep from Florida, on the financial services committee as he is the only one on that committee from Florida. Well, guess what? My email was refused because I am not in his district!!! So, anyone out there in Florida who lives in the 15th district of Florida PLEASE send your thoughts to this rep! We all thought Florida would sink into the ocean from earthquake or hurricanes…..we are sinking from the economy!! We are drowning here and this person cannot take my email because I don’t live in his district?!!
how the heck is it that there’s only one rep in FL, the financial crime capital of the nation, on this huge financial services committee..?
It’s really bad in the judicial system when a state Judge (Wayne Mallia) is allowed to over ride a Federal Judge (Karen Brown) signed discharge order of 2000 and force my husband and I to sign a never before seen settlement agreement, accept Midland Mortgage (MidFirst Bank)/ Barrett Burke Wilson Castle Daffin Frappier $40,000, re-pay a 2000 FHA/HUD already discharge mortgage debt, that someone else has owned since 1995 or face jail/fine.
We filed the lawsuit in 2008, but judgment was entered against us, it’s called just (us), not justice. Google the Houston Chronicle News story, “Zombie Debt Refuse To Die” and “Prince Ella Green/Handcuffed” watch it on U-Tube.
Yes, I handcuffed myself to the HUD office in Houston, TX. MidFirst Bank has HUD/VA loans. This “RAPE” has been on going on for 15 years now, no relief in sight. How could any judge allow this?
WOW, that is proof that even a discharged debt can come back to haunt you. That is not right. Good for you for making a stand for yourself and millions of Americans. Many don’t know how screwed up and UNJUST this all is. The judges are in many cases acting like the GESTAPO here in AMERICA and we should demand to know why. .
I concur Jason
Why not a moratorium on the Commercial? It is the same thing with the Commercial property fraud all over the place. Chris Whalen talked about it in his Bloomberg Video Foreclosuregate is a Cancer, it is the COMMERCIAL PROPERTY TOO.. They are stealing land from the people that they do not own with impunity and just because it is not your home it does not make stealing from the people of any kind legal.
WE NEED A NATIONWIDE MORATORIUM ON ALL FORECLOSURES. COMMERCIAL AND RESIDENTIAL PROPERTY OWNERS ARE BOTH AT HUGE RISK FROM HAVING THEIR PROPERTY STOLEN FROM THEM ILLEGALLY!!!!
AGREED Jason Werner no moratorium, RETURN OF PAYMENT to the citizens, this is just another lag time to take over more land. We need justice now, not when CONgress decides to throw the tickler out to obtain and detain with you hard earned money, YES!!!!! I want a SETTLEMENT for DAMAGES. God bless those dead from all of this, it is full blown insanity coming out on WASHington.
Do not let this make you feel better, just more lip service. e need REAL solutions and this is not it.
Agreed.
The old problems will be replaced by new ones. Don’t we all agree – delay won’t help us. Fraud and confusion will start over with new language and tactics because by now they are reading on the Internet communications and starting over with new temporary agendas under the big agendas.
Companies are artificial persons under the laws. But real people are hiding beneath and within.
And oh we won’t be reading their communications will we.
Real people’s health, not only “wealth” is declining.
People are getting sick and some dying. This is what stress – the bad kind – does.
(Bulldozing the house doesn’t work a remedy because it is the property that’s involved).
What can we do? Thanks for side-mailings.
elders.in.foreclosure@gmail.com
Forgot to mention… something key – massively accumulating late payment claims and claimed legal fees and etc. won’t stop with a partial “moratorium” which unlike legally applied for legal adjornment – balancing interests – here by contrast until we learn more seems to give one side a “stay” (pause) on some things but not others which are the real issues.
So if they want to do this they should also put a moratorium on continuing charges and charges on charges and … well you know. $ $ $ $ $ $ $ $ $ $ ….
From what is posted it sounds like a proposed one-sided or ex parte award outside of the courts. (We are not parties to the decisions). This is a problem I have understanding the right of others than ourselves to settle things about our property . (?) Maybe ivent or others have a handle on this.
elders.in.foreclosure@gmail.com
What a bunch of sissies, such a compromise!
A moratorium is unnecessary. The US government should just shut the OCC and OTS and close the 14 largest banks including Goldman and Mortgan Stanley. All judges should be required to give back, their salaries and pensions, what they stole from we the People for refusing to do their jobs, all AGs should as well, and all prosecutors should be required to spend a year in prison to see what they refused to do to their campaign donors (bank executives and their attorneys). Federal Reserve System should be closed as well, so smaller state-regulated and privately-insured banks can do real business.
Right on Jason!!! Bloomberg reported last week the FEDERAL RESERVE COLLECTS TRILLIONS OF DOLLARS IN MORTGAGES TO BUY TREASURIES WITH. SHUT THEM ALL DOWN. THEY HAVE ROBBED AMERICA BLIND. THE POLITICIANS ALL NEED TO BE THROWN OUT OF OFFICE ON THEIR HEADS LONG WITH THE JUDGES WITHOUT PENSIONS AND INSURANCE AS WELL AS THE OTHER GOVERNMENT AGENCIES WHO PROTECT THE CRIMINALS NOT THE PEOPLE. SHUT DOWN THE BIG BANKS AND REMOVE OUR COUNTRY FROM THE FEDERAL RESERVE SYSTEM OF DEBT. THE JUSTICE DEPARTMENT AS WELL AS THE US STATES ATTORNEYS OFFICE. WHERE THE FUCK ARE YOU? ERIC HOLDER SAID WE ARE A NATION OF COWARDS. WHO IS HE CALLING COWARDS WHEN HE HAS DONE NOTHING FOR THE VICTIMS OF THE BIGGEST PONZI SCHEME SWINDLE AND HEIST IN HISTORY? THEY HAVE BURIED THEIR HEADS IN THE SAND FOR 3 YEARS AND HAVE VIRTUALLY IGNORED MAIN STREET WHO HAS BEEN ROBBED BLIND CONTINUOUSLY SINCE THE INTENTIONAL FINANCIAL COLLAPSE. IF THEY WANT PROOF OF THE CRIME IT IS AT THE RECORDERS OFFICE. THE REGISTER OF DEEDS OFFICES ARE CRIME SCENES AND SHOULD BE SHUT DOWN FOR INVESTIGATIONS NATIONWIDE. THAT SHOULD STOP ALL FRAUDCLOSURES FOR A LONG TIME.
THE FED IS NOW CONSIDERING A QE3. IF THAT HAPPENS THE WHOLE DAMNED COUNTRY IS GOING DOWN. THESE ARE FORCED AUSTERITY MEASURES BY THE FEDERAL RESERVE. THEY JUST CALL IT SOMETHING DIFFERENT BY CALLING IT QE3. WAKE UP AMERICA THIS IS FINANCIAL TERRORISM BY THE FEDERAL RESERVE.
IF YOU THINK YOU ARE BROKE NOW, JUST SEE WHAT HAPPENS IF THERE IS A QE3. THERE WILL BE PEOPLE STARVING AND DYING IN THE STREETS OF AMERICA IF THERE IS A QE3. IT WILL BE BREAD LINES AND SOUP KITCHENS FOR THE AMERICAN PEOPLE JUST LIKE THE LAST GREAT DEPRESSION. TIME TO MARCH ON WASHINGTON AND ALL OF THE STATE CAPITALS IN PROTEST OF THE FED. THE PEOPLE MUST DEMAND GEITHNER AND BERNANKE’S REMOVAL AND THE SHUT DOWN OF THE FEDERAL RESERVE AND ALL OF THE BIG BANKS. THEY ARE TRYING TO KILL US USING FINANCIAL WEAPONS OF MASS DESTRUCTION.