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Mortgage paperwork mess: the next housing shock?
(CBS News) If there was a question about whether we’re headed for a second housing shock, that was settled last week with news that home prices have fallen a sixth consecutive month. Values are nearly back to levels of the Great Recession. One thing weighing on the economy is the huge number of foreclosed houses.
Many are stuck on the market for a reason you wouldn’t expect: banks can’t find the ownership documents.
It’s bizarre but, it turns out, Wall Street cut corners when it created those mortgage-backed investments that triggered the financial collapse. Now that banks want to evict people, they’re unwinding these exotic investments to find, that often, the legal documents behind the mortgages aren’t there. Caught in a jam of their own making, some companies appear to be resorting to forgery and phony paperwork to throw people – down on their luck – out of their homes.
Read more: http://www.cbsnews.com/stories/2011/04/01/60minutes/main20049646.shtml#ixzz1IYR4I5sI
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60 Minutes Overtime
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Mortgage mess: Who really owns your mortgage?
Do you know who really owns your mortgage? As Scott Pelley reports on “60 Minutes” this week, that question has become a nightmare for many homeowners since the invention of mortgage-backed securities. Yes, those were the exotic investments that sparked the financial collapse in this country. And the’re still causing problems.
As it turns out, Wall Street cut corners when it bundled homeowners’ mortgages into securities that were traded from investor to investor. Now that banks are foreclosing on people, they’re finding that the legal documents behind many mortgages are missing. So, what do the banks do? As Pelley explains in this video, some companies appear to be resorting to forgery and phony paperwork in what looks like a nationwide epidemic.
Even if you’re not at risk of foreclosure, there could be legal ramifications for a homeowner if the chain of title has been lost. Watch the “60 Minutes” report and listen to Pelley’s discussion with “60 Minutes Overtime” editor Ann Silvio about the findings of his reporting team.
Have you contacted your mortgage servicing company to find out whether your mortgage has been bundled and sold? Did you get a clear answer and a copy of your mortgage paperwork to back it up? Share your experience with other homeowners below.
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Web Extra: Eviction Reprieve
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Extra: Eviction reprieve
Florida residents AJ and Brenda Boyd spent more than a year trying to renegotiate their mortgage and save their home. At the last moment, questions about who owns their mortgage saved them from eviction.
Great job everyone! Let’s see where this one takes us…
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4closureFraud.org
WELLS FARGO GOT MORE EXC– USES THAN A LITTLE BIT. THEY ARE REALLY MAKING IT HARD FOR PEOPLE I HAD A OFFER ON MY HO– USE FOR 5 MONTHS THE GUY HAS AN APPROVAL LETTER FROM THEM AND THEY STILL DID NOT ACKNOWLEDGE HIM HE TOOK HIS OFFER BACK AND NOW I AM IN FORECLOSURE HAD TO FILE BANKRUPTCY. THA IS BOGUS. I MAY GET A LAWYER AND SUPEONA ALL THE DOCUMENTS ME AND MY REALTOR SENT WE FAXED SCANNED CALLED EMAILED AND NO ONE IS TRYING TO RECTIFY THE SITUATION. I HOPE THEY ARE INVESTIGATED AND FOUND OUT. I KNOW THEY SWITCHED FROM WACHOVIA TO WELLS FARGO BUT SOMEONE HAND IS IN THE COOKIE JAR THAT IS NOT RIGHT. THEY SHOULD HAVE HELD OFF UNTIL THEY SWITCHED BUT THAT SHOULD NOT BE OUR FAULT AND GO INTO FORECLOSURE.
MK thanks for all your information.
I did go back to NY Supreme Court with Astoria Federal S & L amd the banks new attorney Mr. Arthur Walsh
of O’Reilly, Mzrsh and Corteselli said It’s indemnify Indemnify Indemnify – we are stepping aside and the title companies are stepping in.
Corrupt Frank P Malone of Fidelity National Title and his partner in crime corrupt David K Fiveson of Coronet Title did not want to INDEMNIFY THE FORGED DEEDS THEY KNOWINGLY INSURED but want to Intervenors and be heard and what they told the court is Time makes a Forged deed Good.
Besides they told Judge Alice Schlesinger of NYSC that they had “equity” The only equity they were talking of was money under the table for Judge Schlesinger and she ruled against the law
So the title companies clients are still in my two NYC condos with their Forged Deeds.
I appealed this to the Appellate Division First Dept and and in their written opinion they lied about the dates of the foreclosure judgments and covered up for Judge Schlesinger and refused to give me a final determination.
The five appellate judges I had David B Saxe, David Friedman Helen Freedman Karla Moskcowitz and Rosalyn Richter operate the court with the ethics and integrity of LPS DOCX
. The Chief Judge of New York Jonathan Lippman appears to be a decent man but he know what bullies they are and is afraid of them.
Look at the LPS Website page and see how they describe their making of fraudulent documents and the description of their con men.
March 4, 2009
William P. Foley, II to Retire from Lender Processing Services’ Board of Directors; Lee A. Kennedy, Current Board Member, to Assume Chairman Role
JACKSONVILLE, Fla. – March 4, 2009 – Lender Processing Services, Inc. (NYSE:LPS), a leading provider of integrated technology and services to the mortgage industry, today announced that William P. Foley, II, chairman and director, will retire from LPS’s Board of Directors on March 15, 2009. Lee A. Kennedy, currently a board member, has been elected chairman effective March 15, 2009. Mr. Kennedy has served as a director of LPS since May 2008 and as a director and President and CEO of Fidelity National Information Services, Inc. (FIS), LPS’s former parent company, since February 2006.
“LPS is off to a solid start as a stand-alone company. I am confident that under the leadership of the new board, combined with the strong management team, LPS remains well positioned to grow profitably in 2009 and beyond,” said William P. Foley, II. “LPS had a strong 2008, and while the broader economy and the real estate market remain challenging, LPS with its strong market position and unique capabilities, remains focused on delivering above average returns to shareholders,” added Lee A. Kennedy.
The company also announced that Daniel D. (Ron) Lane and Cary H. Thompson will retire from LPS’s board and Jeff Carbiener (President and CEO), John F. Farrell, Jr. and Philip G. Heasley have been elected to LPS’s Board of Directors effective March 15, 2009.
John F. Farrell, Jr. has been a private investor since 1997. From 1985 through 1997 he was Chairman and Chief Executive Officer of North American Mortgage Company. He has served on the Board of Directors of Fidelity National Financial, Inc. (FNF) since October 2005, and served on the board of the former parent of FNF from 2000 until it was merged into FIS in November 2006. Mr. Farrell will retire as a director of FNF on March 15, 2009.
Philip G. Heasley has served as the President and CEO of ACI Worldwide, Inc. since May 2005. From 2003 until May 2005, he served as Chairman and Chief Executive Officer of Paypower LLC and prior to that, he served as Chairman and Chief Executive Officer of First USA Bank from 2000 to 2003. Before First USA, he spent 13 years in executive positions at U.S. Bancorp, including six years as Vice Chairman and two years as President and Chief Operating Officer. He has served on the Board of Directors of FNF since October 2005, and served on the board of the former parent of FNF from 2000 until it was merged into FIS in November 2006. Mr. Heasley will retire as a director of FNF on March 15, 2009. He also serves as a director of ACI Worldwide, Inc. and Kintera, Inc.
The company noted that the compensation committee approved a one-time separation payment totaling $6.8 million to Messrs. Foley, Thompson, and Lane. Finally, the company noted that the guidance provided for first quarter and full year 2009 does not reflect this one-time non-operating expense.
About Lender Processing Services
Lender Processing Services, Inc. (LPS) is a leading provider of integrated technology and services to the mortgage industry. LPS offers solutions that span the mortgage continuum, including lead generation, origination, servicing, workflow automation (Desktop), portfolio retention and default, augmented by the company’s award-winning customer support and professional services. Approximately 50 percent of all U.S. mortgages are serviced using LPS’s Mortgage Servicing Package (MSP). In fact, many of the nation’s top servicers rely on MSP, including seven of the top 10 and 16 of the top 20. LPS also offers proprietary mortgage and real estate data and analytics for the mortgage and capital markets industries. For more information about LPS, please visit http://www.lpsvcs.com.
Forward Looking Statements
This press release contains forward-looking statements that involve a number of risks and uncertainties. Those forward-looking statements include all statements that are not historical facts, including statements about our beliefs and expectations. Forward-looking statements are based on management’s beliefs, as well as assumptions made by and information currently available to management. Because such statements are based on expectations as to future economic performance and are not statements of historical fact, actual results may differ materially from those projected. We undertake no obligation to update any forward-looking statements, whether as a result of new information, future events or otherwise. The risks and uncertainties to which forward-looking statements are subject include, but are not limited to: changes in general economic, business and political conditions, including changes in the financial markets; the effects of our substantial leverage on our ability to make acquisitions and invest in our business; the elimination of existing and potential customers as a result of failures and consolidations in the banking and financial services industries; changes to the laws, rules and regulations that regulate our businesses as a result of the current economic and financial environment; the impact of adverse changes in the level of real estate activity on demand for certain of our services; our ability to adapt our services to changes in technology or the marketplace; risks associated with protecting information security and privacy; the impact of any potential defects, development delays, installation difficulties or system failures on our business and reputation; risks associated with our spin-off from Fidelity National Information Services, Inc. (“FIS”), including those relating to our new stand-alone public company status and limitations on our strategic and operating flexibility as a result of the tax-free nature of the spin-off; and other risks and uncertainties detailed in the “Statement Regarding Forward-Looking
just trumpeting again……
lynne s,
michael redman
lisa epstein
matt wiedner
karl denniger
yves
tyler durden
carol asbury
america doesn’t trust mainstream media (media or online). we trust citizen bloggers for our news.
and others…..
homeowners who are victims of fraudclosure have followed your websites (or privately in emails) and taken your advice.
you are heroes. you have helped all of us! thank you!
Fury could you please let me know where those blogs could be found seeking to set things straight in my home and I do believe a step by step as to what to do would help…thanks
the banks can’t fix FRAUD!
60 minutes should investigate William P Foley CEO of Fidelity National Title, previous chairman of LPS DOCX
and all his enterprises since he is at the helm of orchestrating the foreclosure and title fraud inflicted on the whole country.
60 Minutes,
please keep going!
we need your help!
millions of hard-workking americans have lost everything to a ponzi scheme set up by the banks and wall street.
you have the investigative power.
you have the viewership.
help us.
lynn s. represents all of us. she went public with her story and we are so thankful to her.. we all have the same fraud.
I would really like to know THE TRUTH behind the Market Ticker article about Il AG ATTORNEY GENERAL LISA MADIGAN’S OFFICE INVESTIGATORS LOOKING INTO CONSISTENT, WIDESPREAD AND OBVIOUS PATTERNS OF CONSUMER FRAUD AND MANIPULATION BY VARIOUS BANKS AND SERVICERS. The article was promptyl removed after AG MADIGAN’S OFFICE retracted the claims in the article were true. I DO NOT BELIEVE THAT. I HAVE CLEAR PROOF IN THE TITLE TO MY HOME THAT THIS FRAUD AND AB– USE DID INDEED OCCUR. I do not think I am the exceptional case that this CONSUMER FRAUD AND MANIPULATION WAS RAMPANTLY OCCURRING in the MORTGAGE INDUSTRY. Her office is definitely covering up something and it could just be her office is still investigating these claims and the story got out too soon. It certainly looks to be suspicious to me though because it really sounded like the Market Ticker article had its i’s dotted and it’s t’s crossed by naming names of lending institutions and lisiting specific allegations. Maybe they were just overwhelmed with phone calls as the phone number for Lisa Madigan’s office and the phone number for the IDFPR were listed on this post for us to call with information. Before this article posted I was thinking about calling Madigan’s office to see if they wanted to take a look at all of the mortgage fraud that I uncovered but I kind of thought they would tell me to hire a private attorney like they told me in the past. The AG’S office also told me they do not investigate or defend individual cases there are no attorneys out there that I can find that want to do anything in the way of litigating for the homeowner. It looks to me like those of us fighting fraudclosure may have to turn to the criminal justice system because homeowners defending themselves PRE SE is like some sort of a cruel joke. If that is not a clear example of GOVERNMENT CONTROLLED FASCISM THAN SHOW ME WTF IS? I mean really, THEY CALL THAT LIBERTY AND JUSTICE FOR ALL? The free attorneys are WORKING FOR THE MAN and so are the private attorneys. WTF? ATTORNEY GENERAL LISA MADIGAN NEEDS TO DO YOU HER JOB TO PROTECT THE CONSUMERS OF HER STATE THAT SHE TOOK AN OATH TO PROTECT. THERE ARE NO DOUBTS THAT THE PEOPLE OF THE STATE OF ILLINOIS’ RIGHTS HAVE BEEN VIOLATED ON A MASSIVE SCALE.
A “Legal Eviction” takes place when a “writ of possession” is filed
Florida Rules of Civil Procedure
RULE 1.580 WRIT OF POSSESSION
When a judgment or order is for the delivery of possession of real property, the judgment or order shall direct the clerk to issue a writ of possession. The clerk shall issue the writ forthwith and deliver it to the sheriff for execution.
On 11/17/2008 Bruce Wernet came home late afternoon to find a “Lock-out-Company” removing his personal property from his home. They stated “The house was fore-closed on, and Wells Fargo ordered the property removed and locks to be changed. Mr. Wernet immediately called the Sheriff’s Department and upon their arrival, it was discovered that the majority of his household items and personal belongings had already been removed. The Lock-out Company stated “This is our property now, and that two loads had already been taken to the Dump”.
Soon after the Sheriff arrived, He ordered the Lock-out Company to remove the personal items from their trucks, and their personal vehicles and ordered them off the property, as there was no “Writ of Possession” filed.
Mr. Wernet called a friend to watch over his belongings left in the drive way and raced to the County Dump before they closed to retrieve his belongings, and NONE of them were to be found. Several phone calls and emails to the Lock-out Company got him no where.
On January 19, 2009, Mr. Wernet received a letter from the Law Offices of Attorney Daniel C. Consuegra, of Tampa, Florida, stating that Wells Fargo Bank demanded that he vacate the premises or they will file a “Writ of Possession” and have him removed under the power of the Sheriff. This time, they wanted to do it LEGALLY. Mr. Wernet then called and explained to the Law Firm what happened back in November, and asked for their assistance in the retrieval of his personal property. This got him no where.
On February 24, 2009, Mr. Wernet received a “Writ of Possession” and he then vacated the premises with the little personal property he still had. House fires, burglaries and natural disasters are not the only things that cause us to lose our family heirlooms, photos and irreplaceable possessions; now, wrongful and illegal evictions can be added to this list.
Amendment to case #10-CA-16938 was filed in Hillsborough Circuit Court on 3/21/2011.
HELP !
I have a loan that was made to me by a Federal Credit Union to build a home in the State of Utah.
We started in 2007 just before the bust, when we finished the hard loan we had set up was gone,
I lost my job and all the offers we had on short sale were turned down. The home was forclosed on
and we were sued for the difference on the pay off. I talked to several attourney’s and was told that
taking out a BK was the only way we could go. So…..we did, two days before discharge we were
served with an adversary charge claiming we had comitted fraud.
The first charge was based on a credit application they had that I had never seen. My income had been doubled, the location for the home we were building was wrong and nothing was signed or dated by
anyone.( I used a broker to submit this loan)
They then charged me, saying it wasn’t my intentions to move into the home when it was done and so
I was quilty of fraud. I was moving back to my home town, my family and my friends. They have absolutly
nothing that proves this charge. It was based on a statment that I had made saying I was taking advantage
of the boom. Every home I have ever own I have taken advantage of the market, good or bad. And I have
lived in every home I have erver purchased.
We are tied up in Federal Court right now, waiting for a trial that has taken almost 2 years to get here. Is
there anything I can do ?????????????????
Thanks for the help!
Dennis
Well it seems that all the major servicers and banks are so greedy that they still wont give up the documents that I asked for from GMAC, Nationstar, from a qualified written request that I sent them several times, then sent Rescission demands that they just ignore, I stopped making payments to Nationstar because of this fraud. I even told them about the documented fraud involved in the settlement. They even refused any settlement to get this strightened out but all they want is to try to foreclose and throw people out of the home I spent the last dime on for $7000 closing costs for a $51,750 mortgage that was supposed to be with a $5000 down payment, that I was screwed out of, and charged trumped up closing costs. Where the hell do these servicers get their gall? The servicer, Nationstar even went as far as trying to assign the mortgage over to themselves from Mers, with the MERs secretary being the same person as the Nationstar Foreclosure Manager. Must be nice to just walk in and assign any property up for foreclosure to themselves. They have no documents to prove they have any interest in my Home as all they have is a copy of the Note and Mortgage from public domain. All the lawyers around here don’t even want to bother with this case because ” They are too big too fail” excuse. I have my rights, and as far as I am concerned they will have to kill me before I leave this home, and I wont leave alone either, someones comming with me. This is still my America, and I’ll be damed if I let some forign international have, what I own Legally. GMAC supposededly sold the service over to Nationstar without any assignment, and now they think they can push me around, NOT IN YOUR LIFETIME NATIONSTAR, I AM NOT A FORCE YOU WANT TO RECON WITH!!
Nationstar did this to my husband’s house in NY. In 2015 after over a year of back and forth submitting and resubmitting a bunch of paperwork with them for a loan modification, they stopped accepting any payments and tried foreclosing. I found out that our loan was sold without paperwork and was in a trust. I immediately contacted a particular laywer that was familiar with this and they filed back against them. In 2016 they sent us a paid in full and filed it with the registry of deeds. We now own the house free and clear and were able to sell it without paying back the $98000 that we still owed.
i read some of the comments left by posters on the 60 minutes overtime site.
of course there were a few paid trolls posting who chided homeowners for getting in over their heads.
the other posters set them straight.
lynn s. really rose to the occasion. i am glad she was profiled.
i watched “Inside Job” on the free online movie site.
as good as it was, i think they emphasized the investors being defrauded more than the homeowners being conned.
it was shocking to see how these slimy banksters, wall street hoods and our university professors of economics (who on the banks’ payroll ….most shocking of all)
have commandeered our govt.
i wanted to throw up!
Here come the ethics complaints on a bogus Linda Green DOCX case:
http://mortgagemovies.blogspot.com/2011/04/kingcast-note-to-attorney-shawn.html
Ms. Ingress writes: Look for DOCX from Alpharetta, GA at the top of the page. Then scroll down and see the other players: Merrimack Mortgage, American Home Mortgage Servicing, Inc., Wells Fargo Bank, N.A., Trustee… Scroll down some more & note where it says “ASSIGNMENT EFFECTIVE DATE: 4/28/2009”. Then see that it was “executed on 10/16/2009”.
Now go back to the top right corner of the page and see note that it was recorded at the Registry on 10/27/2009.
This means that nothing in the assignment would have been legal until it was recorded on 10/27/2009. However, the recorded assignment is back-dated by 6 months which makes it appear to be effective as of 4/28/2009 so they could start to foreclose on 5/1/2009.
It now appears they had no assignment or standing to do so. And they still don’t because now it turns out the whole assignment is a fake. Thanks to everyone who has been working on figuring this whole mess out!!!
Catherine Mc Manus and Lisa Epstein too – I had heard that if you have call waiting on your phone and you are sure no one in the house is on a line, that if you dial your own phone number and you get a busy signal there IS someone on your line. and can be a tapper from a Bank, a Title company etc.
for
Catherine McMannus
http://www.dailyfinance.com/story/real-estate/court-busted-securitization-prevents-foreclosure/19900530/
http://www.sun-sentinel.com/business/sfl-judges-crack-down-on-foreclosure-disorder-20110403,0,4800057,full.story
if you cannot get through to post a comment, try logging in through facebook or twitter (if you have an account).
if that fails,
here is the contact information for 60 Minutes:
ADDRESS:
60 Minutes
524 West 57th St.
New York, NY 10019
EMAIL: 60m@cbsnews.com
PHONE: (212) 975-3247 (CBS Audience Services)
i want them to do more!
Scott Pelley seemed hesitant to call it fraud.
It is MASSIVE, intentional fraud in the origination and the foreclosure. I pray that 60 Minutes
continues airing segments about fraudclosure.
Lynn S. was great. one of the best parts was hearing that she trained FBI agents in forgery.
they Bad Guys can’t get around that!
Fury, thanks for the information! If you have any more please send it to me.
I’M TRYING TO BE HERD AND I”M WILLING TO YELL!
Dennis
And Catherine Mc Manus. You are so right about the bravery of 60 Minutes and if I never get thru to them I want to thank them for their part in attempting to save the nation,and let the fraud be known so that the banksters, title companies, and corrupt judges have no place to hide.
I watched it last night online, and thought Lynn S. did an excellent job of exposing the depth and breadth of lies and corruption as revealed on mortgage “documents” (the banks might as well have used toilet paper, for all those docs are worth).
The thing I wonder about our president most likely running for a second term is this: doesn’t he know that a great many of the approx. 3 million Americans now made homeless under his watch most likely voted for him? Does he really think we are going to vote for him again when he hasn’t lifted a finger to help us, and his slap-in-the-face joke of a problem called HAMP has actually made things worse for a lot of people? I don’t usually vote Republican, but I’m not sure he should be given a second chance either unless he gets serious NOW, and the congress as well, and figures out a way to stop the hemorrhaging and to repay those of us who have already lost our homes.
God You are right about that Lit Gant Your analysis of the court room fraud is very accurate.
,
Astoria Federal S & L Successor in Interest to Fidelity NY FSB never owned my two condos but auctioned them off anyhow. Whatever it was the straw buyers bought it wasn’t my titles.
These forged deeds got flipped along . Even if Fidelity National Title and Coronet Title did due diligence, no matter what results they saw, they insured the forged deeds and bad titles because they knew that if the true owner opposes them down the line, and the title companies couldn’t win on the law they could find a judge to pay off like Judge Alice Schlesinger of NYSC.
Title companies took on us one by one. , but not much longer our numbers are growing and our voices are getting louder That is why Fidelity National Title no longer wants to insure forged deeds and bad titles..
William P Foley CEO of Fidelity National Title, past chair of LLPS DOCX and a major think tank behind all this mortgage fraud from fake documents, to paying off a judge, makes Madoff look like a choir boy.
To Michael, Lisa, Neil, Matt, the Judge Schacks and the Judge Spinners and the honest people of the world thanks thanks thanks.
.
Dear Everybody,
Here’s the real leverage that is being created. The crisis in Europe is probably due to the purchases of credit default swaps made by many countries. Greece has announced that they are not paying anymore to Goldman Sachs et al for these bogus investments. One of the reasons that the banks were trying to foreclose so rapidly is to cover their ass when a certain well-respected currency/financial expert disclosed that the CDOs and REITs weren’t legal because the banks did not hold LEGAL TITLE to the real estate that the investments were based upon. Then Allstate did their audit and proved that not only were the titles in question, but the loans quality was misstated by the ratings agencies.
THE BANKS GREW FRENZIED TRYING TO NAIL THINGS DOWN. They also had to admit that everybody in the chain of possession seemed to have gotten PMI on these houses. That meant that the same property was being insured multiple times by some of the same insurers but for different beneficiaries. The bank that grabbed and foreclosed first was going to claim that they were the proper recipient of the PMI which had begun being denied and drying up due to all the fraud.
NOW, GO TO TDARKCABAL.BLOGSPOT.COM. Then send a link to the CBS news spot and to the latest report on tdarkcabal which contains a letter from one of the attorneys involved in another fraud related to poor oversight by the SEC. Demand that your congresspeople and Senators begin arresting and indicting banksters. Demand that they return any campaign contributions from banksters post haste.
MK
And our wise judges on the circuit and appellant levels are brain dead. You would think our courts would have already put a stop to this mess but they went by the play book provided to them by the banks. They attended secret meetings where banks informed them how to treat foreclosure arguments. Here is what they were taught:
Judge: did you borrow the money?
Pro-Se Defendant: Yes
Judge: did to stop making payments?
Pro-Se Defendant: Yes
Judge: then the foreclosure is justified and there are no more material facts to be resolved.
Pro-Se Defendant: But your honor there was fraud involved by the lender and the process to securitize my loan . According to the PSA of the Securitization my note and mortgage could not have been in the trust and they have no standing to foreclose. The only person who could foreclose is the original lender on the note. The assignment used in this case is fraudulent.
Judge: So you are saying they have no standing or compacity?
Pro-Se Defendant: Yes your honor.
Judge to the bank’s lawyer: Do you have the note signed in blank? Do you have the assignment of the mortgage?
Bank’s lawyer: Yes your honor we have all those and have filed them with the court. They are there in your court file.
Judge: Let me see, oh, yes here they are. Well, well, well: and who is Bravo credit that endorsed this for Encore Credit ?
Bank lawyer: I do not know you honor. But I am sure Bravo credit has authority to endorse it. In any case it is signed in blank and my client had it in possession and a right to foreclose. Who Bravo credit is has no important to my clients right to enforce the provisions of the mortgage. The defendant has admitted being in default and there is nothing else of material fact here to be decided.
Judge: Well since it is signed in blank then whoever the holder is has a right to foreclose.
Pro-Se Defendant: Your honor the assignment is not perfected. I do not know who Bravo Credit is. They are not the lender named on the note. They have no right to endorse it. The plaintiff has provided no allonges to the note. The plaintiff has no standing to foreclose.
Bank lawyer: Your honor if I might intoduce this: and hands the judge an assignment from MERS as nominee for the original lender. This assignment from MERS who is the nominee in the land records for the original lender allows this assignment of the note and mortgage. MERS gave this assignment to the plaintiff in this case 10 days before this action was filed. You cans see right there your honor that Linda Green, the vice president of MERS and also vice president of Bank of America, has transferred the note and mortgage to the Plaintiff Lasalle Trust.
Pro -Se Defendant: Your honor that assignment is a fraud. MERS has no authority to assign my promissory note to anyone. And the dates on that assignment are backdated your honor.
Judge: All of this is so confusing. I see no material fact that needs to be resolved. You said you made the loan, you did not make the payments as promised, and you admitted you are in default.
Judge To the bank’s lawyer: Draw up the order granting summary judgment in favor of the bank.
Bank’s lawyer: thank you your honor.
Pro-Se Defendant: your honor why do this when you know it will be overturned on appeal.
Judge: I have already exceeded my two minutes for this case. I intend to move my docket. If anyone comes into my court with a defense of standing or compacity I am going to rule against them. Do not question my order. Let the appeals court handle if there are material facts remaining. I am not spending any more of the court’s resources on this case and any like it.
Judge: next case please
The fraud on the court is only matched by the fraud by the court. Our courts in Florida are all a sham. That is why in all the circuits the chief judges removed elected judges from hearing foreclosure cases and hired back in senior judges, many of whom did not retire, they were not elected and evicted by vote of the people. To keep people from voting out elected judges, they used this trick to hire these so-called senior judges.
The whole foreclosure mess is a fraud from the beginning of the loans, to the appraisals, to the predatory practices of the lenders, to the jacked-up interest rates when home owners qualified for lower rates, to the illegal assignments, to the securitizations, to the servicers and fraudulent fees, to the process server fraud, to the MERS fraud, and to the assignments and documents fraud.
As I see it, we are in a national crisis and both the Republicans and the Democrats are on the payroll of the big banks and they will create new policies and guidelines that will clean up the fraud but the home owner will not be given justice. Millions more will be out on the streets. But the courts do not care. We will just build more apartments to house them. So expect a building boom of apartments. And this shouted throughout the land that building is up.
God please help our judges to rule according to justice.
LIT GANT-great post-
Wouldn’t it be justice to see some huge Bank Buildings converted to beautiful apartments !
Did Bank of America ever get their lease paid in the tallest building in Atlanta ?
Wouldn’t it be amazing if they were indeed evicted and that beautiul building would make lovely condos
with the best views of Atlanta !
Was that taken from a transcript of a hearing? If so please let us all know. And if not let us know that too.
If it is fictional … Well, it isn’t that I don’t believe it could be from an actual hearing, just that i want to know if it is or not. I prefer knowing what is and isn’t factual.
The rule of law is no more and the property rights are being violated every day, (the core of the American freedom)
Last night I tried to post on 60 minutes Overtime and each time I pressed submit, it would come back invalid e mail and yet CBS “help” was able to get to the same email address about that address being invalid’
The Banks and Title companies have stolen so much money they are able to afford hackers and tappers.
I am not the favorite person of Fidelity National Title, Coronet Title, Astoria Federal S & L or Judge Alice Schlesinger. Because I don’t plan to shut up about how each played their part in stealing possession of my two NYC condos.
@MariIynLane….I just made several attempts to sign in at CBS -60 Minutes to praise & thank them for their informative Mortgage report….I cannot log in. People will pay more attention & believe a 60 minutes story more than they would other sources such as You Tube or biased Fox News.
Everyone I try to explain this mess too says it is too complicated and hard to believe our very own USA Gov. Regulators let this even occur !
Hopefully it is because the CBS site is flooded with traffic and TOO BUSY with tens of thousands of people. Hopefully it is not hackers & Tappers as you mentioned. Yes BOA is a great example of trying to manipulate the media and the web. For example all the money BOA spent purchasing any and all domain names that even hint at BOA., or their Execs. There were thousands & BOA bought all of them except BankAmericaSucks.com. Yes I agree there is hacking and virus spreading going on by Banks and our good old US GOV….they are employing every tactic to shut us up and prevent the truth to be revealed. I have spent the weekend cleaning my harddrive of spyware & virus after searching hours at the SEC. News Media, TV Networks are owned by the banks too-or the truth would have been revealed years ago. I commend 60 Minutes for their bravery !
Same problem. I can not log in.