Three Ranking Members and Others Introduce Legislation to Protect Servicemembers and Their Families from Foreclosure
Plan to Offer Bill as Amendment to National Defense Authorization Act
Washington, DC (May 15, 2012)—Today, the Ranking Members of three House Committees—Rep. Elijah E. Cummings of the Oversight and Government Reform Committee, Rep. Bob Filner of the Committee on Veterans’ Affairs, and Rep. Adam Smith of the Armed Services Committee—joined several other Members in introducing legislation to enhance the Servicemembers Civil Relief Act (SCRA), a law intended to protect against improper foreclosures, evictions, and other negative financial consequences of military service.
“Our troops fighting overseas in Iraq or Afghanistan should not have to fight here at home just to keep a roof over the heads of their loved ones,” Cummings said. “This bill will expand current law to protect more of our brave men and women in uniform from losing their homes while they protect our freedoms abroad.”
“Our servicemembers protect our country, our way of life and our homes,” said Filner. “We can do no less to protect their homes against mortgage foreclosure. I applaud my colleague Representative Cummings for fashioning a bill making important improvements to the Servicemembers Civil Relief Act and for including language from my bill, H.R. 1263, to extend protections to surviving spouses of servicemembers whose death is service-connected. I call on all Members of Congress to join us in moving forward with this important legislation that will give servicemembers better protections against mortgage foreclosure.”
“Our servicemembers and their families act selflessly to protect our country and ensure national security, sometimes making the ultimate sacrifice,” said Smith. “The last thing they should have to worry about while they serve is the financial security of their families and their homes. This bill takes a much-needed step toward protecting deployed servicemembers and their families, discharged veterans with a 100 percent service-connected disability, and surviving spouses.”
The American Legion, Veterans of Foreign War, Paralyzed Veterans of America, and Disabled American Veterans have all issued letters in support of the legislation, entitled the Military Home Foreclosure Protection Act.
Without Congressional action, several current SCRA provisions will sunset at the end of this year. In addition to eliminating this sunset provision, the legislation would:
- expand SCRA protection to:
- servicemembers serving in support of contingency operations;
- surviving spouses of servicemembers whose death is service-related; and
- veterans who are 100% disabled at the time of discharge due to service-connected injuries.
- stay foreclosure proceedings for 12 months, a three month increase;
- increase civil penalties for SCRA violations;
- prohibit banks from discriminating against servicemembers who are eligible for protections under SCRA;
- require lenders to designate a compliance officer to ensure that they protect the legal rights of servicemembers; and
- provide a toll-free telephone number and website for servicemembers dealing with SCRA problems.
Cummings, Filner, and Smith plan to introduce the legislation as an amendment to the National Defense Authorization Act being considered by the full House this week.
On July 12, 2011, Cummings and Senator Jay Rockefeller held a congressional forum on the SCRA, and Cummings released an investigative report, “Fighting on the Home Front” about the growing problem of foreclosures against U.S. servicemembers.
SOURCE: http://democrats.oversight.house.gov
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PostForeclosure- Florida, final judgement in Sept 2009. I was making payments to originator. Lenders lawyer who are debt collector file a document stating filing original promissory note. I looked at the clerk records on line and i don’t see no note filed. I cannot afford an attorney. I want to file a case against lender and their attorney. Is their a Florida law for note to be returned back to the homeowner. Does anyone know who was VP of RBC Bank aka Centura back in 2009? Are notes under Article 8. Home sold to another homeowner in 6/2010. I appreciate any advice anyone can give me.
i have steve broviak signuture
linda, please send me his signature
Good evening, please send me copies of his signature, what is his title? what type of document?
MY HUSBAND IS RETIRED US NAVY, WE SPENT 15,000 DOLLARS IN ATTORNEY FEES. BOTH HOMES HAD FRAUD. WHILE PAYING ATTORNEY LENDER TOOK MY HOME LEFT US HOMELESS. BOTH PROPERTY WORTH FAR LESS THEN ALLEGE LOAN. MORTGAGE DOCUMENTS THAT I RECEIVED AT CLOSING, ONE HOME HAS MERS IS BOTH BENEFICIARY AND NOMINEE AND THE OTHER PROPERTY MERS IS MORTGAGEE AND NOMINEE. FORMER ATTORNEY CURRENTLY DISBARRED MISCONDUCT AND GROSS NEGLIENCE.
ATTORNEYS ,BANK, JUDGES ALL ARE CROOKS. I WOULD NEVER BUY A HO– USE AGAIN.
Just go and SUE the bank for Fraud & Wrongful foreclosure because your mortgage ORIGINATED by your LENDER was bundled and SOLD to WALL STREET then it was securitized and you have find your proof in the securities exchange commissions which is online.
Go find your deed of trust. Then find the name and address of your bank in your deed of trust. Then go online to the Securities Exchange Commissions and look for the year of your loan along with your Lender.
If your LENDER has sold it then they was already PAID, and NOW any foreclosure is unenforceable because of the deed of trust is NULL and VOID because the LENDER has breeched the contract and sold your mortgage to WALL STREET which is NOT a bank and WALL STREET then converted your mortgage into a STOCK OPTION where it became a SECURITIZED MORTGAGE NOTE.
IN THE CASE OF A SECURITIZED MORTGAGE NOTE NO PARTY HAS THE LAWFUL RIGHT TO FORECLOSE BECA– USE OF THE ALLEGED DEBT HAS ALREADY BEEN PAID… Just google the Explanation of Securitization.
Also ONLY your ORIGINAL LENDER has the right to foreclose NOT anyone else.
SO if your LENDER went out of business/bankrupt then THE DEED OF TRUST is NOW INVALID, UNENFORCEABLE, AND VOID and the lender will not be coming after you because the debt was paid and they didn’t credit you.
SO now any BANK, MERS, TRUSTEE, that is trying to use your Deed of Trust to claim that they’re the OWNER, LENDER, then this FRAUD upon the courts because that was a contract set up between you and the LENDER who NO LONGER EXIST and they should have a deed of trust that was sold to WALL STREET that should be in the hands of the PSA.
THE BANKS HAVE ALREADY BEEN BAILED OUT, AND NOW THEY DOUBLE DIPPING ON A SECURITIZED MORTGAGE NOTE WHICH IS ALSO FRAUD.
AND YOUR LENDER PROBABLY NEVER ASSIGNED, OR SUBSTITUTED ANYONE ELSE before they went out of business. SO IT’S YOUR HOME TO STAY IN FOREVER…
GOOD LUCK AND WIN YOUR CASE AND SUE EVERYONE BASED ON THIS…
Just go and SUE the bank for Fraud & Wrongful foreclosure because your mortgage ORIGINATED by your LENDER was bundled and SOLD to WALL STREET then it was securitized and you have find your proof in the securities exchange commissions which is online.
Go find your deed of trust. Then find the name and address of your bank in your deed of trust. Then go online to the Securities Exchange Commissions and look for the year of your loan along with your Lender.
If your LENDER has sold it then they was already PAID, and NOW any foreclosure is Unenforceable because of the Deed of trust is NULL and VOID because the LENDER has breeched the contract and sold your mortgage to WALL STREET which is NOT a bank and WALL STREET then converted your mortgage into a STOCK OPTION where it became a SECURITIZED MORTGAGE NOTE.
IN THE CASE OF A SECURITIZED MORTGAGE NOTE NO PARTY HAS THE LAWFUL RIGHT TO FORECLOSE BECA– USE OF THE ALLEGED DEBT HAS ALREADY BEEN PAID… Just google the Explanation of Securitization.
Also ONLY your ORIGINAL LENDER has the right to foreclose NOT anyone else.
SO if your LENDER went out of business/bankrupt then THE DEED OF TRUST is NOW INVALID, UNENFORCEABLE, AND VOID and the lender will not be coming after you because the debt was paid and they didn’t credit you.
SO now any BANK, MERS, TRUSTEE, that is trying to use your Deed of Trust to claim that they’re the OWNER, LENDER, then this FRAUD upon the courts because that was a contract set up between you and the LENDER who NO LONGER EXIST and they shouldn’t have a deed of trust that was sold to WALL STREET that should be in the hands of the PSA.
THE BANKS HAVE ALREADY BEEN BAILED OUT, AND NOW THEY DOUBLE DIPPING ON A SECURITIZED MORTGAGE NOTE WHICH IS ALSO FRAUD.
AND YOUR LENDER PROBABLY NEVER ASSIGNED, OR SUBSTITUTED ANYONE ELSE before they went out of business. SO IT’S YOUR HOME TO STAY IN FOREVER…
GOOD LUCK AND WIN YOUR CASE AND SUE EVERYONE BASED ON THIS…
LOOKING FOR SIGNATURES ON FILE FOR THE FOLLOWING:
VIRGINIA NOTARY PUBLIC- JOANN AQUILLA LASSITER (2009)
DRAPER & GOLDBERG- L. DARREN GOLDBERG
ASSIST. VP FOR AURORA- CHRIS ZIMMERMAN
VIRGINIA PROPERY- NON JUDICIAL STATE- foreclosed 12/5/2008 sold to another homeowner 6/2010.
Retired US Navy, currently homeless, living with relatives.
REFY 10/25/2006 ORIG RBC BANK (AKA CENTURA) LOCATED IN NORTH CAROLINA
DEED OF TRUST THAT I RECEIVED AT CLOSING HAS TRUSTEE: CB SERVICES CORP., RICHMOND VA
MERS AS A BENEFCIARY 2ND PAGE OF DEED OF TRUST HAS MERS AS A NOMINEE
1/2007 ACCOUNT TRANSFERRED TO AURORA LOAN I WAS MAKING PAYMENTS TO SERVICE UNTIL 7/2008
AFTER FORECLOSURE DOCUMENTS FILED IN COUNTY CLERK OFFICE SHOWS THE FOLLOWING:
ON 12/5/2008 PREPARED APPOINT OF SUB TRUSTEE BY SERVICERS ATTORNEY DRAPER AND GOLDBERG, DOCUMENTS STATES MERS HAS THE RIGHT TO APPOINT A SUB TRUSTEE. ORIGNATOR IS NOT STATED ON THE DOCUMENT, SHOWS SIGNOR VP OF MERS NOTARIZED BY STATE OF INDIANA NOTARY PUBLIC
(NOTARY DOES EXIST I CONTACTED THE STATE) THIS DOCUMENT WAS NOTARIZED THE SAME DAY IT WAS PREPARED ON 12/5/2008. MERS APPOINT DRAPER AND GOLDBERG AS SUB TRUSTEE
4.5 MONTHS LATER TRUSTEE DEED PREPARED BY DRAPER AND GOLDBERG ON 3/25/2009 states DRAPER & GOLBERG SUB TRUSTEE, GRANTOR AURORA LOAN SERVICER GRANTOR CALLED BIDDER FEDERAL NATIONAL MORTAGE ASSOCIATION. STATE OF INDIANA NOTARIZED THIS DOCUMENT. WHY WOULD THE SAME NOTARY NOTARIZED THESE DOUCMENT 4.5 MONTHS APART FROM EACH OTHER.
I REQUESTED SIGNATURE ON FILE OF NOTARY IT MATCHES. ALSO FOUND OUT THE STATE OF INDIANA WORKED FOR AURORA SERVICES AT THE TIME THE FORECLOSURE OCCURRED.
MY HUSBAND IS ALL STRESS OUT, THIS HAS AFFECTED HIM GREATLY EMOTIONALLY. I AM ALSO TIRED OF SEARCHING. WHERE DO I GET TO THE SEC?
i WANT TO THANK YOU FOR TAKING THE TIME TO RESPOND TO MY POST .
REFY 10/25/2006 ORIG RBC BANK (AKA CENTURA) LOCATED IN NORTH CAROLINA
DEED OF TRUST THAT I RECEIVED AT CLOSING HAS TRUSTEE: CB SERVICES CORP., RICHMOND VA
MERS AS A BENEFCIARY 2ND PAGE OF DEED OF TRUST HAS MERS AS A NOMINEE
1/2007 ACCOUNT TRANSFERRED TO AURORA LOAN I WAS MAKING PAYMENTS TO SERVICE UNTIL 7/2008
AFTER FORECLOSURE DOCUMENTS FILED IN COUNTY CLERK OFFICE SHOWS THE FOLLOWING:
ON 12/5/2008 PREPARED APPOINT OF SUB TRUSTEE BY SERVICERS ATTORNEY DRAPER AND GOLDBERG, DOCUMENTS STATES MERS HAS THE RIGHT TO APPOINT A SUB TRUSTEE. ORIGNATOR IS NOT STATED ON THE DOCUMENT, SHOWS SIGNOR VP OF MERS NOTARIZED BY STATE OF INDIANA NOTARY PUBLIC
(NOTARY DOES EXIST I CONTACTED THE STATE) THIS DOCUMENT WAS NOTARIZED THE SAME DAY IT WAS PREPARED ON 12/5/2008. MERS APPOINT DRAPER AND GOLDBERG AS SUB TRUSTEE
MY HUSBAND AND I SUFFERED EMOTIONALLY, MORE SO MY HUSBAND THEN ME. HOW DO I GO ON SEC
i WANT TO THANK YOU FOR TAKING THE TIME TO RESPOND TO MY POST .
REFY 10/25/2006 ORIG RBC BANK (AKA CENTURA) LOCATED IN NORTH CAROLINA
DEED OF TRUST THAT I RECEIVED AT CLOSING HAS TRUSTEE: CB SERVICES CORP., RICHMOND VA
MERS AS A BENEFCIARY 2ND PAGE OF DEED OF TRUST HAS MERS AS A NOMINEE
1/2007 ACCOUNT TRANSFERRED TO AURORA LOAN I WAS MAKING PAYMENTS TO SERVICE UNTIL 7/2008
MY HUSBAND AND I SUFFERED EMOTIONALLY, MORE SO MY HUSBAND THEN ME. HOW DO I GO ON SEC
i WANT TO THANK YOU FOR TAKING THE TIME TO RESPOND TO MY POST .
I am Pro se and not an attorney,,,,,
The Unlawful Detainer after foreclosure may not be worth the energy to contest especially in a non-judicial state. However if you can find any steps within the Unlawful Detainer process that were not followed correctly; i.e proper notice given, timing of their service and recording. If you find any errors you might file a Motion to Quash Service of Summons. If you believe that the Unlawful Detainer has some technical defect or does not properly allege the lenders right to evict you, you might file a Demurrer.
My personal thought, is to file a Federal Chapter 13 or 7 bankruptcy and have this new forum which will force the so-called lender to produce the evidence that they are in fact a “Holder in Due Course”. There is no evidence! Federal courts override the Civil Courts and the rules in Bankruptcy Court are very strict.
See: Bill Text 112th Congress (2011-2012) S.1054.IS or http://thomas.loc.gov/cgi-bin/query/z?c112:S.1054.IS:
12/5/2008 APPOINT OF SUB TRUSTEE- DOCUMENTS SHOWS MERS APPOINTS SERVICERS ATTORNEY AS A SUB TRUSTEE, ORIGNATOR NOT STATED, VP MERS SIGNOR, NOTARIZED BY STATE OF INDIANA. NOTARY PUBLIC DOES EXIST. I DID SOME SEARCHING INDIANA NOTARY PUBLIC WORKS FOR AURORA LOAN SERVICES. I WAS MAKING PAYMENT TO SERVICER BEFORE I STOPPED. I THINK I HAVE A CASE
FLORIDA PROPERTY- THEY TOO MY HOME WHILE I WAS PAYING MY ATTORNEY. I GAVE HIM 15,000
ATTORNEY DID NOT SHOW UP IN COURT 9/14/2009. JUDGE ORDR FINAL JUDGEMENT. WHILE ON VACATION THEY TOOK MY HOME. HO– USE SOLD TO ANOTHER HOMEOWNER ON 6/2010
12/2011 HIRED ANOTHER ATTORNEY HE FILED A MOTION TO VACATE JUDGEMENT. ACCORDING TO MY ATTORNEY NOTE WAS SEPARATED. JUDGE TOLD MY ATTORNEY TO PROVE IT WAS SEPARATED.JUDGE ORDER MOTION DENIED. ON MORTGAGE DOUCMENTS RECEIVED AT CLOSING MORTGAGE DOCUMENT HAS MERS AS A MORTGAGEE AND NOMINEE.
I AM FED UP AND I CANNOT AFFORD ANOTHER ATTORNEY
I AM LOOKING FOR SIGNATURES ON FILE FOR THE FOLLOWING:
CHRIS ZIMMERMAN- ASST. VP OF AURORA LOAN SERVICES
STEPHEN(STEVE) BROVIAK – VP FORECLOSURE IRWIN MORTGAGE OR INDYMAC